Clean Water Act

 

NWPR & WOTUS

 

GOP Pressures EPA To Pause WOTUS Rulemaking. According to Politico, “Over 200 House Republicans sent a letter urging the Biden administration against continuing with its Waters of the U.S. rulemaking until after the Supreme Court rules in the Sackett case — something that likely won’t happen until 2023. The Sackett ruling could impose a ‘more limiting test’ on federal authority, which would in turn require yet another rulemaking. EPA and the Army Corps of Engineers ‘should instead use this time to continue meaningful engagement with stakeholders,’ said the letter led by Transportation and Infrastructure ranking member Sam Graves (R-Mo.).” [Politico, 3/9/22 (=)]

 

Permits & Certifications

 

Speeding Up The Speeding Up. According to Politico, “Two dozen moderate House members sent a letter to Biden pressing him to quickly implement elements of the new infrastructure law aimed at speeding up environmental reviews and permitting processes. They also underscored the importance of enacting fiscal 2022 appropriations so that funding for infrastructure programs can finally reach the levels promised in the authorization.” [Politico, 3/9/22 (=)]

 

Water Pollution

 

PFAS

 

DOD Gives Services Option Of Using State PFAS Standards In Removals. According to InsideEPA, “The Defense Department (DOD) has told the military services they ‘may use’ state drinking water standards for setting cleanup levels for per- and polyfluoroalkyl substances (PFAS) when conducting Superfund removal actions, opening the door to complying with limits that are sometimes stricter than EPA advisory levels but falling short of states’ long-time insistence that DOD always comply with their standards. DOD Acting Assistant Secretary for Sustainment Steven Morani signed off on a guidance memo in late December to the military services’ top environment officials, clarifying DOD’s policy for applying state PFAS drinking water standards in removal actions under the Superfund law. The action appears to resolve legal questions high-level DOD officials have weighed over how to address such standards in removal actions -- short-term and often much earlier cleanup actions than remedial actions. But the decision -- to allow military services to apply such standards, which are often stricter than EPA’s drinking water advisory levels that DOD currently uses -- fails to meet long-time calls from states and environmentalists to compel the military services to follow state standards in cleanups.” [InsideEPA, 3/8/22 (=)]

 

Toxic Algae

 

Senate Approves Rubio Bill To Address Fla. Algal Blooms. According to Politico, “The Senate yesterday approved Republican Sen. Marco Rubio’s legislation to create an interagency plan for managing deadly algal blooms in his home state of Florida. The ‘South Florida Clean Coastal Waters Act of 2021,’ S. 66, seeks to assess the causes of algal blooms in Lake Okeechobee and Florida’s southern coastlines, Rubio said. Republican Sen. Rick Scott of Florida co-sponsored the measure, which passed by unanimous consent. A bipartisan companion is making its way through the House. Republican Rep. Brian Mast introduced H.R. 565 along with 10 other Florida lawmakers, including Democratic Reps. Stephanie Murphy, Val Demings and Darren Soto. Mast, in a statement, said the legislation is critical to better understand the causes, consequences and potential approaches to reduce harmful algal blooms and hypoxia in the Greater Everglades region, as well as the St. Lucie Estuary and Indian River Lagoon.” [Politico, 3/9/22 (=)]

 

Groundwater

 

DOD To Close Hawaii Fuel Facility That Contaminated Water. According to Politico, “The Navy will defuel and permanently shutter its massive Red Hill fuel facility in Hawaii after a November leak contaminated the drinking water of thousands of service members, according to an order from Defense Secretary Lloyd Austin released yesterday. ‘We will move to permanently close the Red Hill facility, including conducting any and all necessary environmental remediation around the facility,’ Austin said in a statement. ‘This is the right thing to do.’ The Red Hill Underground Fuel Storage Facility on Oahu, a vital source of fuel for Navy and Air Force Pacific operations, leaked jet fuel and contaminated the tap water system of Joint Base Pearl Harbor-Hickam in late November. In the days and weeks after the contamination, around 6,000 service members living in and around the base reported health conditions including headaches, nausea and mouth burns. Almost 4,000 military families evacuated the base after the leak, moving into hotels in late November. Most of those families are still displaced. The Navy and DOD is working to fully eliminate petrochemicals from the water system (Greenwire, March. 1). Pentagon press secretary John Kirby said in a press conference yesterday that the defueling process will likely take around a year to complete once the Navy releases an official plan of action later this spring.” [Politico, 3/8/22 (=)]

 

Plastic Pollution

 

In A First, California Plans To Clean Up Microplastics. According to The New York Times, “They are in your gut. They are in the ocean. They are even floating through the air in the most remote regions of the West. Microplastics — fragments of broken-down plastic no larger than a fraction of an inch — have become a colossal global problem. California wants to fix that. Last month, the state became the first in the nation to adopt a strategy addressing the scourge of tiny detritus. ‘We need to eliminate our addiction to single-use plastics,’ said Mark Gold, the executive director of the Ocean Protection Council, the governmental body that approved the plan. The strategy is not regulatory, but the council has committed to spending $3 million this year, with reduction targets laid out between now and 2030. Gold added, ‘You find microplastics everywhere you look.’ By some estimates, humans have manufactured about 8.3 billion metric tons of plastic, only nine percent of which has ever been recycled. About 11 million metric tons of this plastic end up in the ocean every year, and without intervention, this number is expected to triple by 2040, according to the council. When these plastics break down, they can be eaten by marine animals, stunting their growth and causing reproductive problems. They have also been found in human organs, including placentas, as well as in soils and plants.” [The New York Times, 3/8/22 (=)]

 

Environmental Justice

 

A Poisonous Legacy Of Racism And Pollution Still Haunts This L.A.-Area Flood Channel. According to Los Angeles Times, “Nyla Olsen’s eyes moisten with rage as she recalls the day in early October when a surge of putrid water rolled out of the Dominguez Channel and turned life in Leeward Bay Marina into ‘a horror movie.’ Fish were gasping for oxygen at the surface of the water or floating belly up, she said. Boat hulls were slathered with sticky black slime. An octopus died after trying to escape by climbing onto a vessel, she said. ‘I called every emergency response outfit I could think of for help, including the U.S. Coast Guard,’ said Olsen, owner of the Chowder Barge — the Wilmington marina’s heart and soul. ‘But all I got were versions of, ‘Sorry, there’s nothing we can do because it’s coming from up the county flood control channel and out of our jurisdiction,’ the 61-year-old said with a sigh. ‘I felt utterly helpless.’ Around that same time, air quality officials were being bombarded with thousands of calls from working-class residents upstream in Carson, Gardena, Torrance, Redondo Beach, Long Beach and Wilmington. Many complained of respiratory ailments, nausea and other symptoms due to a foul smell that vexed neighborhoods in the South Bay and Harbor region. ‘I woke up choking,’ recalled Carson resident Monique Alvarez, 40. ‘My 3-year-old daughter was curled up in a ball at the foot of my bed crying, ‘Mommy, my tummy hurts.’” [Los Angeles Times, 3/8/22 (=)]

 

U.S. Intel Report Sees Climate Change As Rising Threat. According to Politico, “A new government intelligence report predicts that climate change will increasingly exacerbate risks to U.S. national security as the world fails to reach goals set in the Paris climate accords. The Office of the Director of National Intelligence (ODNI) released the annual report yesterday. It anticipates an increase in geopolitical tensions along with stark predictions on the world’s current trajectory of carbon emissions. ‘The current trajectory of growing global greenhouse emissions, based on governments’ current policies and pledges, would cause the global temperature rise to reach 1.5° [Celsius] around 2030, and surpass 2°C by mid-century,’ the report said. The report came ahead of a House hearing today featuring U.S. intelligence officials, who briefed lawmakers on worldwide threats. A hearing in the Senate is scheduled for Thursday. The report also anticipates that countries will face difficult economic choices over how and whether to reduce their emissions, likely relying on technological breakthroughs later on to rapidly reduce their net emissions. The countries facing these choices that will have the most impact, the report said, will be China and India. … Conflicts over water and migration issues will also likely increase due to climate change especially after 2030, the report said. Additionally, conflicts and problems as a result of the future effects of climate change will be most heavily felt in low-income countries.” [Politico, 3/8/22 (=)]

 

Water Infrastructure

 

EPA Memo Details Water Infrastructure Spending Priorities. According to InsideEPA, “EPA has issued a memo detailing its spending priorities for states and others in distributing billions of dollars in funds from the bipartisan infrastructure law for clean water and drinking water infrastructure projects over the next five years. The March 8 memo, signed by water chief Radhika Fox, underscores the flexibility the law provides to states to determine priorities and select projects for funding, though it notes that the law also prioritizes projects in disadvantaged communities, replacing lead service lines and addressing per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants. Fox previewed these priorities in a March 7 address to the Association of Metropolitan Water Agencies (AMWA) Water Policy Conference in Washington, D.C., including that much of the $50 billion in the law earmarked for clean water, drinking water and stormwater infrastructure ‘is going through proven programs’ such as the clean water and drinking water state revolving funds (SRFs). ‘As we are ramping up’ to distribute the large amount of money, ‘we are starting from a strong foundation,’ she said. Fox also told the representatives of large municipally owned drinking water utilities that the agency is in ‘close contact’ with White House officials to discuss ‘Buy American’ provisions in the law and may soon create a process for utilities to apply for waivers.” [InsideEPA, 3/8/22 (=)]

 

EPA Memo Steers Water Money To Disadvantaged Communities. According to WDIV-TV, “The Biden administration issued guidance to states on Tuesday that it said will ensure the country’s largest-ever investment in water infrastructure doesn’t bypass disadvantaged communities that are disproportionately affected by environmental hazards like pollution. The Environmental Protection Agency’s guidance memo applies to $43 billion in the infrastructure bill for making drinking water cleaner, improving sewage treatment and replacing lead pipes. The agency said the memo helps the Biden Administration meet its goal of addressing environmental needs in communities that often have high rates of poverty and unemployment. The money will be distributed over five years and boost programs that give states and territories broad discretion in funding water projects — but with some parameters on how the money should be used. For example, the memo said nearly half of the $15 billion for lead pipe replacements must go to disadvantaged communities. ‘Putting in place these guardrails to help ensure the funds reach the communities that need them most is essential for the program to reach its potential and for us to advance equity,’ said Katy Hansen, a senior adviser for water at the Environmental Policy Innovation Center.” [WDIV-TV, 3/8/22 (=)]

 

Western Water

 

Klamath River Basin Drought Prompts Resource Fight. According to Politico, “Lawmakers sparred yesterday over how best to address the persistent drought in the Klamath River Basin but suggested little compromise may be found in striking a balance between agricultural interests battered by irrigation cutoffs, fish populations and Native American water rights. During the course of the hearing, the House Natural Resources Subcommittee on Water, Oceans and Wildlife discussion bounced from how a surge in federal infrastructure spending might boost water resources to the potential impacts of the nation’s largest dam removal project (Greenwire, March 1). Disagreements fell largely along party lines. Republicans urged greater consideration to agricultural businesses in the region while Democrats pressed for addressing tribal needs and wildlife challenges. ‘I often like to think about these watershed-wide efforts as marriages: They wax and wane. Sometimes there’s tough times. Sometimes it’s obvious there’s a path forward and things are good,’ New Mexico Rep. Melanie Stansbury (D) said at the close of the session. ‘I think in some ways, the Klamath really embodies that.’ Stansbury, who in fact worked on settlement agreements involving the Klamath River during her tenure as a staffer on the Senate Energy and Natural Resources Committee, added: ‘This drought is creating conditions that are obviously creating immense hardship.’” [Politico, 3/9/22 (=)]

 

Flooding

 

Climate-Driven Flood Risk Could Trigger Mortgage Defaults. According to Politico, “Climate change and increasing flood risk could trigger billions of dollars of mortgage defaults by driving down property values, according to new research that says the U.S. housing market is substantially overpriced because buyers are ignoring climate-driven flood risk. A recent paper by Milliman Inc. risk analysts says that if homebuyers start to account for climate change and flood risk, the recalibration would reduce values on millions of properties and cause a growing number of mortgage defaults. Homeowners sometimes stop paying mortgages when they owe a lender more money than their property is worth. Under the most extreme scenario of global temperature increases, ‘mortgage defaults could increase by as much as 40 percent’ by 2050, Milliman concluded. The outlook is not as dire as the conditions that led to the subprime mortgage crisis of the late 2000s, when plummeting home prices caused widespread mortgage defaults that triggered a global financial crisis and the Great Recession. But the Milliman paper says U.S. single-family homes are overvalued by $520 billion — or about 2 percent — because homebuyers are ignoring climate-driven flood risks. The overvaluation could increase to $643 billion by 2050.” [Politico, 3/9/22 (=)]

 

Biden Admin Remains Steadfast On EJ Promises — CEQ Chair. According to Politico, “Even as President Biden faces a growing crisis in Ukraine, the administration will not lose site of the worsening climate crisis at home, particularly his promise to help disadvantaged communities better prepare for disasters. That message was conveyed yesterday by Brenda Mallory, chair of the White House Council on Environmental Quality, during an online event focused on flood planning and mitigation strategies. ‘Inequality is one of the key pillars of his agenda,’ Mallory said on a webinar organized by the Pew Charitable Trusts and the American Flood Coalition to release a survey of state-level flood plans. ‘We have been very focused since day one to allow us to prioritize equity in the way we organize our programs.’ Many of those programs will take off this year as federal agencies begin distributing more than $1 trillion from the Infrastructure Investment and Jobs Act, including hundreds of millions of dollars to help disadvantaged communities address heat, floods, droughts and fires. Such communities have borne the brunt of climate change impacts and yet have the fewest resources to mitigate against risking risk, officials say. ‘If we want to make sure everybody is getting the benefit, we actually need to help folks actually be able to compete’ for those dollars, Mallory said. The CEQ chair, who reports directly to the president on environmental regulatory matters, was tapped in part for her deep knowledge of the environmental challenges facing low-income communities and communities of color.” [Politico, 3/9/22 (=)]

 

AP | HUD Says Texas Agency Discriminated In Flood Relief Funding. According to Politico, “Texas’ administration of flood relief money from Hurricane Harvey broke federal law by discriminating against Black and Hispanic residents in the Houston area, according to a decision by the federal housing agency that could channel millions of dollars of aid to communities battered by the 2017 storm. The U.S. Department of Housing and Urban Development found that the Texas General Land Office’s distribution process for more than $2 billion in flood mitigation funds ‘caused there to be disproportionately less funding available to benefit minority residents than was available to benefit White residents.’ The state agency drew bipartisan outrage from officials and residents in the nation’s fourth-largest city last year when it announced that Houston and Harris County would be getting only a small portion of the money Texas was awarding as part of an initial distribution of federal funding, despite the area’s having suffered the brunt of Harvey’s estimated $125 billion in damage. In a Friday letter, HUD warned Land Commissioner George P. Bush that if his office does not voluntarily comply with federal law, it may ‘initiate administrative proceedings’ or refer the matter to the U.S. Justice Department. The letter was released today by a housing advocacy group that filed a complaint against the state agency last year.” [Politico, 3/8/22 (=)]

 

 

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