Congress

 

Warren, Khanna Introduce Bill To Prevent Water Trading. According to Politico, “Democrats in both chambers are moving to ban the trading of water and water rights, an effort that lawmakers and more than 250 environmental and consumer advocate groups argue is needed to prevent speculation that could trigger price spikes as drought continues to grip the West. Sen. Elizabeth Warren of Massachusetts and Rep. Ro Khanna of California introduced the ‘Future of Water Act,’ a bill that would amend the Commodity Exchange Act to bar futures trading of water or water rights. Warren joined Democratic Sens. Jeff Merkley of Oregon, Sheldon Whitehouse of Rhode Island and Ed Markey of Massachusetts and independent Sen. Bernie Sanders from Vermont, who caucuses with Democrats, in introducing S. 3886. Khanna and 16 of his Democratic colleagues unveiled sister legislation, H.R. 7182. The legislation would prohibit the trading of water and water rights from commodity futures contracts, and add ‘water and water rights’ to the current list of prohibitions in the Commodity Exchange Act. Last year, the Chicago Mercantile Exchange (CME) certified the world’s first water futures contracts, allowing investors to purchase and sell futures contracts based on ‘water rights’ prices in California. CME on its website says trading allows companies to hedge against water price volatility in the face of drought and dwindling supplies. Some groups have backed the practice as a way to support natural systems struggling to complete with farming in parched states.” [Politico, 3/24/22 (=)]

 

Clean Water Act

 

Water Quality Standards

 

EPA Appeals Ruling Requiring New WQS For Washington State. According to InsideEPA, “EPA has appealed a district court ruling that found the agency ‘abandoned’ its Clean Water Act (CWA) backstop role when it failed to ensure Washington state updated its aquatic life criteria for toxics and vacated EPA’s denial of environmentalists’ petition seeking new water quality standards (WQS) for being arbitrary and capricious. The agency filed its appeal of Northwest Environmental Advocates (NWEA) v. EPA with the U.S. Court of Appeals for the 9th Circuit March 18 and the case was docketed March 21, but EPA has not yet outlined what aspects of the ruling from the U.S. District Court for the Western District of Washington it is challenging. In a Dec. 29 order, District Judge Marsha Pechman said, ‘Despite acknowledging Washington’s feeble efforts to timely comply with the CWA, EPA has not taken its backstop role seriously and has unreasonably abandoned its role for years.’ NWEA petitioned EPA in 2013 to use its authority under CWA section 303(c)(4)(B) to make a determination that new and updated aquatic life criteria for toxic pollutants are necessary in Washington to meet the requirements of the CWA and to promulgate new and revised criteria for the state. The group then sued the agency in 2020 after EPA denied the petition in 2017. Pechman sided with environmentalists, writing, ‘Even under the highly deferential standard of review, EPA’s denial of NWEA’s petition to make a necessity determination lacks any defensible rationale, and the Court finds that it is arbitrary, capricious, and incompatible with the CWA.’” [InsideEPA, 3/24/22 (=)]

 

Water Pollution

 

Drinking Water

 

Environmentalists Decry California Plan To Retain Disputed Chrome-6 MCL. According to InsideEPA, “Environmentalists are strongly criticizing the California water board’s long-awaited proposal this week to set a maximum contaminant level (MCL) for hexavalent chromium (chrome-6) at 10 parts per billion (ppb), renewing a level that had previously been struck down by a state court, arguing it is not stringent enough to protect the public’s health. ‘We applaud the state for finally moving forward with regulation of chromium-6 in water, but this MCL is still not sufficiently protective of Californians’ health,’ said Bill Allayaud, California director of government affairs for the Environmental Working Group (EWG), in a March 22 press release. ‘We urge the state to do better and take immediate steps to adopt a level that more closely reflects the state’s public health goal.’ EWG says it published earlier this month an ‘updated interactive map’ that found chrome-6 ‘in the tap water serving 251 million people throughout the United States, exceeding levels scientists say is safe.’ While environmentalists oppose the proposed MCL, it is still the first in the nation and could set a precedent for federal regulators should EPA decide to craft a standard. According to EWG, EPA has a drinking water standard of 100 ppb for total chromium, which includes all forms of chromium, including chrome-6.” [InsideEPA, 3/24/22 (=)]

 

PFAS

 

Testing Shows 'Forever Chemicals' Abound In Food Packaging. According to Politico, “Notorious ‘forever chemicals’ are widespread in fast-food packaging, according to an investigation by a consumer advocacy group. Tests from Consumer Reports found high levels of organic fluorine in fast-food packaging from brands such as Chick-fil-A, Burger King and Nathan’s Famous, an indication that the packaging contained PFAS. Those per- and polyfluoroalkyl substances are part of a large family of chemicals linked to a range of health impacts, including various cancers, reproductive issues and kidney disease. ‘[Our] tests show that some of the most popular restaurant chains and grocery stores in the U.S. wrap their food in packaging containing toxic forever chemicals,’ Consumer Reports Senior Scientist Michael Hansen said. ‘Fortunately, some retailers have demonstrated that PFAS levels in food packaging can be kept very low and that companies can phase out these harmful chemicals.’ … Hansen highlighted some of the specific PFAS that turned up in testing. Chemicals included PFOA, assessed as a likely carcinogen by EPA, and PFOS, another notorious compound. Both of those chemicals have been phased out of production due to health concerns, and EPA is taking steps to crack down through drinking water and Superfund regulations. But their enduring presence continues to plague drinking water and other exposure pathways — including items coming into contact with food. ‘Those were phased out of food packaging, but they’re still showing up,’ said Hansen.” [Politico, 3/24/22 (=)]

 

Wastewater

 

Regan Says Supreme Court Climate Ruling Is 'A Tough Call'. According to Politico, “Big picture: Despite the lingering uncertainty about EPA’s authority, Regan again pitched his plan to roll out a suite of environmental regulations so the industry has a holistic view of upcoming compliance costs — something he previously said he hopes will further drive a move toward clean energy. ‘We believe that all of these decisions are being made at a time where … we can inform the power sector on what the best investment strategies are,’ he said. Regan reiterated his plan to propose a number of regulations in the coming months on conventional pollutants, wastewater discharge, coal ash and other areas affecting power generation. He also indicated EPA will issue a white paper soon on strategies to further reduce carbon dioxide from newly built natural gas capacity. ‘So we’re hoping for the best, sort of preparing for somewhat of the worst,’ Regan said of the upcoming Supreme Court ruling. ‘But you know, we’re optimistic and we’re going to keep our heads down, continue to develop these white papers and keep having these conversations and exploring these regulatory routes.’ ‘There’s a lot of ways for us to use bread and butter regulations that are driving change,’ McCarthy added” [Politico, 3/24/22 (=)]

 

Environmental Justice

 

Black Neighborhoods Will Bear Future Flood Burden. According to Great Lakes Now, “Residents of New Orleans are no strangers to floods and the losses that follow. From Katrina in 2005 to Ida in 2021, Gulf Coast hurricanes have cost the people of New Orleans hundreds of billions of dollars over the past 20 years, in addition to the loss of culturally rich historical sites and irreplaceable lives. No one knows this loss better than the people who live in and work with New Orleans communities. Jeff Supak is the executive director of Water Wise Gulf South, a collective of community organizations in New Orleans with the goal of preventing flood losses in their neighborhoods through green infrastructure. ‘The communities that we work in are low-lying, [are] prone to chronic flooding, and are majority Black,’ he said. ‘Climate change and a poorly maintained gray infrastructure system are wreaking havoc in these communities and will continue to do so unless change happens.’ Current U.S. flood risk maps, which show regions of the country that are likely to sustain future damages from floods, are based on historical records of where flooding has occurred. But according to a recent Nature Climate Change study, those maps fail to account for the increasing threat of climate change, projected population changes, and infrastructure development.” [Great Lakes Now, 3/24/22 (+)]

 

Flood Survivors Waiting Years For Help From FEMA. According to KDVR-TV, “There is new blame on the federal government. This time for just how much time it takes to pay money to victims of natural disasters. Payments from the Federal Emergency Management Agency (FEMA) are running years behind. When the money does come, sometimes the cost of repairing a home or buying a new one, with inflation, has gone up so much that homeowners can’t afford repairs. ‘It’s kind of like Groundhog Day. You’re stuck in this repetitive emotional mess,’ said homeowner Terri Straka. ‘You’re constantly on guard because you don’t know. No one can tell you. Are you going to flood again?’ Straka’s home in Myrtle Beach, South Carolina used to be her place of peace. ‘I invested into this property. This is my heritage. This is where I’ve raised my children and my grandchildren now,’ she said. That heritage was almost swept away by Hurricane Matthew in 2016, and then, hurricane Florence in 2018. ‘In 2018, it was twice as worse. There was over 4 feet of water and it sat there for several weeks. So, it was just it was disgusting,’ said Straka.” [KDVR-TV, 3/24/22 (=)]

 

Water Infrastructure

 

AP | Mich. Lawmakers, Governor Announce $4.8B Infrastructure Deal. According to Politico, “Michigan lawmakers late yesterday unveiled and began passing a massive $4.8 billion midyear spending plan, one that will upgrade long-neglected infrastructure including water pipes, dams, roads and parks. The legislation is the product of months of negotiations between the Republican-controlled Legislature and Democratic Gov. Gretchen Whitmer’s administration over how to spend an unprecedented billions of dollars of discretionary pandemic funding that was enacted by Congress and President Biden last year. The governor will sign the bills that legislators plan to approve today, following an initial unanimous vote by the House budget committee last night. The measures contain more than $1.7 billion to provide safe, clean water — replacing lead pipes, fixing septic systems and combating ‘forever chemicals’ known as per- and polyfluoroalkyl substances, according to a one-page summary provided by House Republicans. There is $300 million for dam safety, including $250 million for disaster relief and repairs in the wake of dam failures that led to Midland-area flooding in 2020. The plan has more than $380 million for road and bridge repairs and pump stations to prevent highway flooding, $250 million to improve state parks and recreations areas, $200 million for local parks, $250 million to expand broadband access, and $100 million to expand access to affordable housing.” [Politico, 3/24/22 (=)]

 

Op-Ed: Congress Needs To Support EPA's Environmental Protection Infrastructure. According to an op-ed by David Coursen in The Hill, “The Biden administration’s EPA 2022 budget request aimed to reverse the decline in EPA resources with a down payment toward rebuilding the agency and restoring its environmental protection infrastructure, while also addressing climate change and advancing environmental justice. … A second blow is the rejection of all but $10 million of the increases EPA included in its request to restore the role of science in the agency with $100 million in new support for science and research. It even rejects a modest $10 million increase to address the ubiquitous and noxious pollutants collectively identified as ‘PFAS,’ an emerging problem that receives $2 billion a year through the bipartisan infrastructure law. … The omnibus rejects another $175 million for EPA core programs to address toxins and protect water quality; for operations, activities and facilities; and for enforcement and compliance monitoring. The lack of monitoring and enforcement support is particularly harmful, because new data show that serious environmental violations are widespread. … For example, the omnibus appropriation rejects EPA’s request to add $450 million to support for wastewater and infrastructure revolving loan fund programs, but in the next five years, those programs receive more than $20 billion under the infrastructure law. Similarly, the $330 million in rejected increases for Superfund hazardous waste site cleanups and brownfields site redevelopment is more than offset by infrastructure law funding of $5 billion over five years, $700 million per year for Superfund and $300 million for brownfields projects. And the denial of a requested $60 million boost in support for the diesel emission reduction program should be mitigated by $1 billion per year of new funding for clean school buses that will reduce diesel emissions.” [The Hill, 3/24/22 (+)]

 

Western Water

 

Utah’s Snowpack Still Below Necessary Water Levels For The Year. According to KSL-Radio, “Utah’s snowpack is below levels typical for this time of year. Decreasing snowpack levels are leading to concerns over low water levels in reservoirs. The snowfall from October of last year onward has been sporadic, according to state water officials. ‘It’s really been a rollercoaster where we had good months like October and December were great months, but then November and February were really horrible,’ said Drought Coordinator Laura Haskell with the Utah Division of Water Resources. As of Wednesday, March 23, the snowpack in most places in Utah is below typical levels. The Wasatch Front all the way north to the Idaho border and parts of southcentral Utah has the lowest snowpack levels in the state. ‘Our snowpack is very important,’ Haskell said. ‘It’s about 95% of our water and we’re just under 12 inches of water in our snowpack.’ She also said water levels are 16 inches during a typical year. With levels as low as they are, there is concern over the effect climate change had on the snowpack. ‘In all of the modeling and things that we do in our office, we have taken into account climate change and how things are changing,’ Haskell said.” [KSL-Radio, 3/24/22 (=)]

 

Flooding

 

Bipartisan Bill Would Bolster Local Climate Resilience. According to Politico, “Reps. David Rouzer (R-N.C.) and Jason Crow (D-Colo.) introduced the ‘Championing Local Efforts to Advance Resilience (CLEAR) Act,’ H.R. 7178, which would create a grant program for state and tribal resilience offices. The program would get a $200 million annual authorization to fund the creation of resilience offices and planning tools to assess climate-related risks and natural hazards. The bill could be a boon for Rouzer’s home state, where Gov. Roy Cooper (D) established the Office of Recovery and Resiliency after Hurricane Florence. ‘North Carolina helped lead the way by establishing a state chief resilience officer and support staff that were among the first in the nation,’ Director Laura Hogshead of the North Carolina Office of Recovery and Resiliency said in a statement. In a statement, Crow said, ‘A lot of people talk about the climate crisis like it’s something happening in the future — but what we know in Colorado is that it’s happening now.’ He added, ‘As we navigate floods, fires, drought, and poor air quality, we are already dealing with the impacts of climate change.’” [Politico, 3/25/22 (=)]

 

What Climate Change Will Mean For Your Home. According to The Washington Post, “Not every buyer is as diligent about evaluating the potential risk of a weather-related disaster, but that may change in the future. Violent storms, wildfires, floods, droughts and extreme heat are among the increasingly visible signs of climate change. While safety issues associated with these events are of prime importance, the frequency and intensity of dramatic natural disasters are beginning to have an impact on property values and the cost of homeownership in some locations. Researchers are analyzing data to help buyers, homeowners, lenders, insurance companies and appraisers evaluate what the future may hold and how that could impact the housing market. ‘Most homeowners should care about climate change and the potential impact on their families and property,’ says John Berkowitz, CEO and founder of OJO Labs, a real estate technology firm that owns the Movoto listing site in Austin. ‘Unfortunately, the people who are most likely to be hurt are already disadvantaged in the housing market, such as first-time buyers and minority buyers who are focused on affordability now. They don’t have the luxury of time or money to think about what their property value will be in 2050.’ Lack of knowledge about climate risk makes it difficult for buyers to recognize that their home could be more costly to maintain, more expensive to insure, and more exposed to damage and possible destruction from a storm or fire. All those possibilities could also contribute to a decline in a property’s value or the inability to sell the home in the future. Yet few consumers consider these issues when buying a home.” [The Washington Post, 3/24/22 (=)]

 

As Climate Fears Mount, Some In U.S. Are Deciding To Relocate. According to Yale Environment 360, “Increasingly, worsening climate effects, including heat waves, wildfires, floods, droughts, and sea level rise, are leading a growing number of Americans to have second thoughts about where they are living and to decide to move to places that are perceived to be less exposed to these impacts, according to anecdotal reports and a growing volume of academic research. Some, like the Brazil family, are forced to move to safer areas, while others are well-to-do homeowners who are choosing to leave before fires or floods drive them out. ‘How will people deal with extreme heat? Will they have access to potable water?’ asked Jesse Keenan, an associate professor of real estate in the architecture school at Tulane University in New Orleans. ‘Temperate northern states will get the most inbound migration.’ Keenan, who studies the intersection of climate change adaptation and the built environment, estimated that 50 million Americans could eventually move within the country to regions such as New England or the Upper Midwest in search of a haven from severe climate impacts. He predicted that migration driven by increasingly uninhabitable coastal areas is likely to happen sooner rather than later, citing the latest federal estimate that U.S. coastal sea levels will rise by as much as a foot by 2050. Another projection, by Matthew Hauer, an assistant professor of sociology at Florida State University, is that 13.1 million Americans will relocate because of sea-level rise alone by 2100, based on projections that seas along the U.S. coast will rise by an average of 1.8 meters — nearly six feet — by then.” [Yale Environment 360, 3/24/22 (+)]

 

Maryland Has Hundreds Of Properties That Have Repeatedly Suffered Damaging Floods. Few Are Prepared For The Next Deluge. According to The Baltimore Sun, “The first of a trio of deluges to hit historic Ellicott City since 2011 was enough to make Vince Saulsbury buy flood insurance for his 122-year-old rowhouse atop Main Street. So when devastating surges of stormwater roared down the old mill town’s steep hillsides in 2016 and 2018, the insurance paid Saulsbury more than $30,000. He used the money to clean out muck, replace insulation, water heaters and furnaces, and line the dirt floor of his basement with concrete. He has done whatever he can, like storing boxes and tools high on shelves, to cut his losses the next time the Tiber Branch overflows in his backyard. ‘I lost tons of stuff over three floods,’ he said. ‘I’ve learned to just not put anything down there.’ But he knows even his best efforts won’t stop the next flood. And that predicament highlights a problem spread across Maryland as climate change makes coastal waters rise and storms intensify. High waters have caused repeated damage to more than 1,300 flood-insured homes, businesses and government buildings in the state in recent decades, according to data obtained by The Baltimore Sun. But only about one in every eight has been improved in ways likely to prevent significant future flood losses — and those are costs that taxpayers eventually could shoulder. Preparing more of those homes and buildings to withstand floods is necessary to protect lives and properties from disasters, with as much as $19 billion worth of flood damage expected in Maryland by 2050. It is difficult for a number of reasons, starting with that high cost.” [The Baltimore Sun, 3/24/22 (+)]

 

 

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