Clean Water Act

 

Op-Ed: We’re Getting Worse — Not Better — When It Comes To Protecting The Environment. According to an op-ed by George Ochenski in Idaho Capital Sun, “What will future generations and historians deduce when they look back at this turbulent period in world history and what the ‘leading nations’ did or did not do to address the problems that are so serious they actually threaten the future of life as we know it on the planet? Given the increasingly complex and dire circumstances as we head into April 2022, one thing seems all too clear – it’s no April Fools joke. For instance, there’s nothing to laugh about in a study recently released by the Environmental Integrity Project on the 50th anniversary of the Clean Water Act. The report, published by ‘former EPA enforcement attorneys to advocate for effective enforcement of environmental laws’ found ‘alarming results of water quality tests in all 50 states. More than 700,000 miles of waterways, about 51 percent of assessed river and stream miles, are impaired by pollution. That’s in addition to another 55 percent of lake acres and 26 percent of estuary miles.’ The term ‘impaired’ identifies lakes, rivers and streams that are too polluted to even meet minimum standards ‘for swimming and recreation, aquatic life, fish consumption or as drinking water sources.’ While the statistics alone are shocking, what’s really worth questioning is the efficacy of laws that are often passed with great fanfare and promises of attaining goals that — as with the Clean Water Act — are never met. In truth, the minute the legislation is signed into law those who fall under the regulatory jurisdiction go to work weakening, obfuscating, and extending the science-based standards that would ensure sustainable clean water for the future.” [Idaho Capital Sun, 4/11/22 (-)]

 

NWPR & WOTUS

 

Sacketts Urge High Court To Adopt Layman’s Two-Step Wetlands Test. According to InsideEPA, “Idaho landowners who are seeking to narrow the scope of the Clean Water Act (CWA) are urging the Supreme Court to adopt a two-part test for determining when a wetland is subject to the act, arguing their proposal ‘requires only ordinary visual observation and’ is ‘thus one that any layman can readily and accurately employ.’ In their opening merits brief, Michael and Chantell Sackett reference the ‘years of confusion’ following the high court’s 2006 fractured ruling in Rapanos v. United States, and say the high court ‘can chart a better course for the Clean Water Act by adopting’ their proposed framework and abandoning the ‘significant nexus’ test, one of the two competing tests for determining CWA jurisdiction in Rapanos. The Sacketts’ test is focused solely on determining when wetlands are waters of the United States (WOTUS) and does not address other types of waters, such as ephemeral streams, that have also been the subject of debate. Some legal experts have suggested that rather than providing clarity on the subject, the high court’s ruling may create new confusion if it remains focused on wetlands rather than all types of waters. Rapanos outlined two competing WOTUS tests, with the late Justice Antonin Scalia and three other justices -- including now Chief Justice John Roberts, along with Justices Clarence Thomas and Samuel Alito -- saying the CWA extends only to waters that are ‘relatively permanent, standing or continuously flowing’ or to wetlands that are immediately adjacent to such waters.” [InsideEPA, 4/11/22 (=)]

 

Permits & Certifications

 

Power Sector Warns NWP 12 Suit Threatens Multiple CWA General Permits. According to InsideEPA, “The Edison Electric Institute (EEI), which represents investor-owned electric companies, is warning that environmentalists’ challenge to a Clean Water Act (CWA) dredge-and-fill general permit for oil and gas pipelines is not just a threat to efficient permitting for those projects but could imperil the validity of similar permits for other sectors. The ability of EEI members to build and operate clean energy requires the regular development of new infrastructure and to maintain and repair existing infrastructure in a timely way, and members ‘rely heavily on streamlining provided’ by the nationwide permit (NWP) program, EEI tells the U.S. District Court for the District of Montana in an April 1 amicus brief in Center for Biological Diversity (CBD), et al. v. Lt. Gen. Scott A. Spellmon, et al. But a number of the plaintiffs’ arguments in the case seeking to vacate NWP 12, a streamlined CWA permit covering construction, operation and other activities related to oil and gas pipelines, ‘could strike at the foundation of the nationwide permit programs as a whole if interpreted broadly and therefore threaten other nationwide permits on which EEI members rely to construct and maintain the infrastructure necessary to provide increasingly clean energy to power the nation,’ the power sector group says ‘Rulings that would undermine the framework of the nationwide permit program could impede or even eliminate the ability of EEI members and others to obtain timely approval for critical infrastructure projects with minimal impacts on water of the United States and thereby slow this essential clean energy transition,’ the group adds.” [InsideEPA, 4/11/22 (=)]

 

Manchin In Canada. According to Politico, “Manchin is continuing his two-day tour of Alberta, Canada, today to promote the region’s oil sands. Alberta Premier Jason Kenney touted Manchin’s visit as a means to highlight ‘the critical role we play in North American energy security.’ The Biden administration is looking to increase Canadian oil imports to offset the loss of Russian energy — but they’re looking to do so without resurrecting the Keystone XL pipeline, The Wall Street Journal reported last week. Manchin has previously called on Biden to reconsider his decision to cancel a permit for the Keystone XL oil pipeline, which effectively killed the long-contested project that would have carried Canadian oil sands from Alberta to Texas. But a spokesperson for Manchin told ME he would be promoting North American oil and gas broadly during his visit, rather than pushing for Biden specifically to revive Keystone XL. Still, Manchin has not been shy making demands on policies Biden can take to boost fossil fuels during the current energy crisis, as he seeks to maximize his leverage as the holdout vote over Biden’s climate and social spending agenda.” [Politico, 4/12/22 (=)]

 

Water Pollution

 

Drinking Water

 

Water Agencies Pan California’s Draft Chrome-6 MCL, Citing Massive Costs. According to InsideEPA, “Numerous water supply agencies and industry groups are criticizing California regulators’ proposed new maximum contaminant level (MCL) for hexavalent chromium (chrome-6) of 10 parts per billion (ppb), citing massive projected costs to comply that they say will overburden their customers with soaring rates. ‘The establishment of the MCL at the proper level, as you know, has really significant implications with regard to affordability and the human right to water. And some of the numbers even that were presented here -- I think up to $89 a month for a customer bill -- those are very large numbers and have big impacts,’ Dave Pedersen, representing the Southern California Water Coalition, said during an April 7 state Water Resources Control Board (WRCB) workshop on board staff’s proposed ‘administrative draft’ chrome-6 MCL. ‘We feel like the assessment with regard to cost-effectiveness really needs to look more closely at different regulatory standards, in a way that changes the outcome,’ added Pedersen, who is also general manager of the Las Virgenes Municipal Water District. ‘To have an adequate analysis, we need to look at a broader range of potential MCLs that would allow a better evaluation of the potential differences in cost and health benefits.’ Water agency and industry arguments that the proposed MCL is too stringent contrast sharply with environmentalists’ views that the standard is too lax and should be tightened to be much closer to the current public health goal (PHG) level of 0.02 ppb.” [InsideEPA, 4/11/22 (=)]

 

PFAS

 

Maine Moving To Ban PFAS In Pesticides. According to The Center Square, “Maine lawmakers are moving to ban pesticides containing so-called ‘forever’ chemicals that have been linked to cancer and other serious ailments. A proposal approved by the state House of Representatives would gradually phase out the sale of pesticides that ‘intentionally’ contain perfluoroalkyl and polyfluoroalkyl substances, or PFAS, by 2030. The bill narrowly passed on a vote of 75-61, with most Democrats and a few Republicans supporting it. Supporters of the restrictions say phasing out use of the toxic compounds – which have been used to make products from non-stick frying pans to clothing – will protect the state’s environment and food that is grown locally. ‘We need to prevent further PFAS contamination, and this bill gets the most toxic items off the shelves now,’ state Rep. Margaret O’Neil, D-Saco, the bill’s sponsor, said in remarks on Thursday. ‘We are spending millions of dollars to clean this up and provide relief, and there is no justification for PFAS to be intentionally applied on food or farmland.’ … The U.S. Environmental Protection Agency set its PFAS standards three years ago, classifying the compounds as an ‘emerging contaminant’ linked to liver cancer and other serious health problems. There are currently no federal standards for PFAS in drinking water, but guidelines set a combined limit of 70 parts per trillion. Dozens of states are weighing plans to eliminate PFAS in food packaging and other products, in addition to setting limits on the level of contaminants in drinking water.” [The Center Square, 4/11/22 (=)]

 

Groundwater

 

Memphis May Have The Sweetest Water In The World, But Toxic Waste Could Ruin It All – A Comic. According to The Guardian, “Hundreds of feet below the city of Memphis, Tennessee, an enormous collection of freshwater – known as the Memphis Sand Aquifer – provides drinking water for at least a million residents. Memphis, the largest US city to rely 100% on groundwater, is said to have the sweetest water in the world. It eventually arrives in the Memphis Sand Aquifer, which spans eight states and is larger than Lake Ontario. This means over time surface pollution can seep into the aquifer, which provides drinking water to West Tennesseans. Across South Memphis, a cluster of low-income, mostly Black neighborhoods, there are a staggering number of toxic waste sites: 33 in all. These sites pose a dual threat: they risk contaminating the aquifer, and above ground, they endanger the lives of residents with noxious emissions. Residents say enough is enough. This isn’t the first time residents in South Memphis have taken a stand against being treated like a dumping ground. In 2020, the community successfully rallied against the construction of the Byhalia crude oil pipeline, which would have exposed residents and the aquifer to the risk of oil leaks or spills. Today, Justin Pearson, president of Memphis Community Against Pollution, is hoping to use that momentum to tackle a new threat: the transportation and storage of millions of tons of toxic waste across their community. Justin Pearson says ‘Our society has yet to reckon with the reality that every life matters.’ Last July, the Tennessee Valley Authority (TVA) announced plans to move 3.5m cubic yards of coal ash from its Allen plant to the South Shelby landfill near the Tennessee-Mississippi border.” [The Guardian, 4/11/22 (+)]

 

N.M. Dairies Urged To Seek Aid Due To Groundwater Contamination. According to Politico, “Dairy farmers can seek reimbursement from the federal government for cows contaminated by chemicals that have leached into the groundwater around an Air Force base in eastern New Mexico. Sen. Ben Ray Luján (D-N.M.) on Friday commended a recent rule change by the Department of Agriculture that created a pathway for farmers to receive payments through the Dairy Indemnity Payment Program. Previously, farmers were able to get payments for lost milk production but could not get paid for their cows. Luján said in a statement that New Mexico farmers and ranchers are critical contributors to the state’s economy and that many producers have been brought to the verge of bankruptcy due to inaction and because programs that were designed to provide a safety were not working. ‘Beyond the moral imperative of the federal government providing just compensation, this announcement is part of a broader effort to support the dairy industry and rural communities,’ he said. At one dairy near Cannon, Luján’s office said, an estimated 5,200 cows were affected and about 2,000 of the animals have died. New Mexico sued the Air Force in 2019 over PFAS contamination at Cannon and at Holloman Air Force Base in southern New Mexico. The state argued that the federal government had a responsibility to clean up plumes of toxic chemicals left behind by past military firefighting activities.” [Politico, 4/11/22 (=)]

 

Plastic Pollution

 

Va. Governor Reverses Single-Use Plastics Phaseout. According to Politico, “Virginia’s conservative governor is rolling back state efforts to crack down on plastics, a move that has already riled advocates. Republican Gov. Glenn Youngkin signed an executive order last week purportedly rolling out a new state plan for recycling, which has struggled amid turbulent markets and pandemic impacts. But Youngkin’s order notably rolls back a 2021 plan under former Gov. Ralph Northam (D) that cracked down on a wide array of single-use plastic items. Northam’s order would have required that executive branch state agencies phase out those items, like bags and food containers, by 2025. Youngkin offered no justification for the move, instead emphasizing the importance of recycling. ‘Recognizing and promoting the importance of recycling has the potential to positively impact the Commonwealth’s environment, providing cleaner air and water, as well as create new clean technology jobs,’ the governor stated in the order. Under Northam, the Virginia Department of Environmental Quality argued that some plastic items would need to be phased out to protect human health and the environment. But Youngkin has panned that approach, along with other environment-focused initiatives.” [Politico, 4/11/22 (=)]

 

Water Infrastructure

 

Backed-Up Pipes, Stinky Yards: Climate Change Is Wrecking Septic Tanks. According to The Washington Post, “Lewis Lawrence likes to refer to the coastal middle peninsula of Virginia as suffering from a ‘soggy socks’ problem. Flooding is so persistent that people often can’t walk around without getting their feet wet. Over two decades, Lawrence, executive director of the Middle Peninsula Planning District, has watched the effects of that problem grow, moving from the backyard into the bathroom as rising waters and intensifying rains render underground septic systems ineffective and smelly, as unhealthy wastewater backs up into homes. Local companies, he said, call the Middle Peninsula the ‘septic repair capital of the East Coast.’ ‘That’s all you need to know,’ he added. ‘And it’s only going to get worse.’ As climate change intensifies, septic failures are emerging as a vexing issue for local governments. For decades, flushing a toilet and making wastewater disappear was a convenience that didn’t warrant a second thought. No longer. From Miami to Minnesota, septic systems are failing, posing threats to clean water, ecosystems and public health. About 20 percent of U.S. households rely on septic, according to the Environmental Protection Agency. Many systems are clustered in coastal areas that are experiencing relative sea-level rise, including around Boston and New York. Nearly half of New England homes depend on them. Florida hosts 2.6 million systems. Of the 120,000 in Miami-Dade County, more than half of them fail to work properly at some point during the year, helping to fuel deadly algae blooms in Biscayne Bay, home to the nation’s only underwater national park. The cost to convert those systems into a central sewer plant would be more than $4 billion.” [The Washington Post, 4/12/22 (+)]

 

Op-Ed: Chicago’s Infrastructure Isn’t Prepared For Handling The New Reality Of Extreme Rains. According to an op-ed by Arthur Smith in Chicago Tribune, “Chicago grew because of its enviable location, a low-lying area between two great watershed basins at the edge of a huge body of water for trade and drinking water. The city flourished after completing several engineering projects to maintain a fragile relationship with water. Journalist Dan Egan, author of ‘The Death and Life of the Great Lakes,’ has chronicled this history: Chicago constructing a canal for trade, reversing the Chicago River to protect drinking water, elevating buildings for sewers and building tunnels to temporarily store sewer-laden stormwater. The city’s successful balance with water continued through 300 years of predictable weather. But now, Chicago faces wetter weather patterns that potentially render these ‘engineered’ solutions less effective for urban sustainability. Climate change-fueled wet weather and extreme Lake Michigan levels threaten this water balance. In an interactive report for The New York Times, ‘The climate crisis haunts Chicago’s future. A Battle Between a Great City and a Great Lake,’ Egan details May 2020 rains that elevated the Chicago River, necessitating the release of a mix of sewage and other pollutants into Lake Michigan. Less dramatic, but more frequent, community surface stormwater and sewage releases run into waterways and flood communities. In May 2020, the Metropolitan Water and Reclamation District, which manages flooding and sewer wastewater in Cook County, publicly reported sewer overflows into public waterways on 20 occasions.” [Chicago Tribune, 4/11/22 (+)]

 

Western Water

 

As Drought Persists, Government Says Klamath Farmers Will Be Allocated Limited Water. According to Los Angeles Times, “As severe drought persists in Northern California and southern Oregon, the federal Bureau of Reclamation announced Monday that farmers and ranchers will be allocated a limited amount of water in the Klamath River Basin this summer. Water is at the center of bitter disputes between growers, the federal government and tribes over how much should be allocated for food production, flows in the Klamath River and the health of threatened fish. Federal water managers said the initial allocation on the Klamath Project will be about 50,000 acre-feet to allow for limited irrigation from April to mid-July. That’s more than last year but less than 15% of the full allocation that federal officials say could be delivered for agriculture during times when there is sufficient water. The bureau also announced $20 million in drought-response aid, which will provide relief to growers who can’t irrigate crops, and an additional $5 million for projects led by the six tribes in the Klamath Basin. ‘We wish we had better news today. Obviously, there are no winners in this critical year as all interests are suffering — fisheries, farmers, tribes and waterfowl alike,’ said Ernest Conant, the agency’s regional director. ‘But given the current hydrology that we have to work with, we did the best job we could, working in collaboration with our federal partners, to apply the resources that we have.’” [Los Angeles Times, 4/11/22 (=)]

 

Flooding

 

Op-Ed: I Would Have Never Bought This Home If I Knew It Flooded. According to an o-ed by Elizabeth Rush in The New York Times, “I have spent much of the past decade at the soggy edges of this country listening to the people whose homes and businesses flood worse and worse year after year as tides rise higher and storms become stronger. While I still haven’t gotten over the shock of hearing someone describe what it’s like to lose a home or a loved one, another story, submerged in this trauma, has started to surface. I can’t tell you how many times I’ve heard: We live outside the floodplain, but that doesn’t mean we don’t get water here. Or: If I had known that this house was going to flood, I would have never bought it in the first place. Or: Everything was fine until they put a strip mall on top of the old marsh. That’s when the flooding got worse. At first, I understood these stories as disavowals of the real and increasing risk posed by climate change. People were trying to find other culprits, ones that they could control. But then I asked myself whether those living in frontline flood communities knew something that the rest of us did not. Last fall, the Federal Emergency Management Agency, which is in charge of national disaster preparedness and response, sought to find out. The agency asked the public how the government can do a better job at identifying flood risks and protecting homeowners, renters and businesses from danger. Now that the comments are in, the agency, which oversees the National Flood Insurance Program, has a singular opportunity to reduce the risks people face from current and future flooding.” [The New York Times, 4/11/22 (+)]

 

Misc. Waterways

 

AP | Judge Says Mont. Officials Unlawfully Approved Copper Mine. According to Politico, “State environmental officials unlawfully approved a large copper mine in central Montana despite worries that mining waste would pollute a river that’s popular among boaters, a state judge ruled. Officials with the Montana Department of Environmental Quality failed to conduct an adequate review of the proposed Black Butte mine north of White Sulphur Springs, Judge Katherine Bidegaray in Meagher County said in Friday’s ruling. Work began last year on the mine along a tributary of the Smith River, a waterway so popular among boaters that the state holds an annual lottery to decide who can float down it. The underground mine sponsored by Vancouver-based Sandfire Resources is on private land and would extract 15.3 million tons of copper-laden rock and waste over 15 years — roughly 440 tons a day. Environmentalists had sued over potential pollution from the mine and asked Bidigary to reconsider its permit. Bidegaray’s ruling leaves that permit in place for now. She asked the two sides in the case to submit legal briefs within 45 days to address what should happen next.” [Politico, 4/11/22 (=)]

 

Protections Sought For NM's Pecos Watershed Amidst Mining Proposal. According to Public News Service, “Conservationists, farmers and residents are seeking protection of a section of New Mexico’s Pecos River even as a mining company has proposed an exploratory project in the same area. Ralph Vigil, chair of the New Mexico Acequia Commission and an organic farmer, is part of a coalition circulating a petition calling for New Mexico’s Water Quality Control Commission to list 14 miles of the Pecos watershed as an Outstanding National Resource Water (ONRW) under the Clean Water Act. He said the designation would preserve the cleanliness of the water while also allowing recreation, agriculture and other traditional uses. ‘Over here we say ‘agua es vida,’ water is life, and the waters need to be protected from further degradation,’ Vigil asserted. ‘The community has already suffered lots of losses due to past mining experiences.’ An Australian-based mining company has filed a permit application for exploratory drilling near the Pecos River, where in 1991, heavy snowmelt washed toxic pollutants from an abandoned mine into the waterway, killing more than 90,000 fish and resulting in a $20 million cleanup. Following the hearing, the water commission is expected to rule on the ONRW designation this summer. Janice Varela, a county commissioner for San Miguel County, signed the petition and said the area draws locals and visitors to hike, bike, camp, hunt and fish, who in turn help sustain the local economy.” [Public News Service, 4/11/22 (=)]

 

The Dead Sea Of West Texas Just Got Deadlier. According to Texas Monthly, “For nearly two decades, an abandoned West Texas well has been pumping out extraordinarily salty water that kills all the vegetation it touches and contains sulfate levels many times greater than legally allowed for drinking. Dubbed ‘Lake Boehmer’ by locals, after a former owner of the land it occupies, the water has expanded to cover roughly sixty acres near the tiny community of Imperial, about 25 miles north of Fort Stockton. As Texas Monthly reported last December, no one seems to own the land, and no state agency has stepped up to fix the problem. That’s bad enough, but the situation appears to have gotten worse. A new test by the local groundwater district found that the well is now venting hydrogen sulfide— known chemically as H2S, colloquially as swamp gas, and generally as the cause of rotten egg odors—at dangerous, even potentially deadly, levels. The finding prompted Pecos County to install a gate to prohibit curious Texans from driving down the public road to see the environmental mess for themselves. A sign on the gate warns of the high levels of hydrogen sulfide. A hydrogeologist working for the Middle Pecos Groundwater Conservation District examined the water on April 4. Ty Edwards, the manager of the district, said in an email that preliminary tests recorded 200 parts per million of H2S standing above the well and an astounding 14,000 parts per million at the mouth of the well. Federal worker protection regulations say that exposure to hydrogen sulfide should not exceed 20 ppm. Low-level exposure can cause eye irritation. Large-scale exposure can cause headaches, convulsions, and comas.” [Texas Monthly, 4/11/22 (=)]

 

 

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