CDP: Waterways Clips: July 14, 2022
A Closer Look At Proposed Changes To The 401 CWA Water Quality Certification Rule. According to EHS Daily Advisor, “In June 2022, the EPA issued a proposed rule to update regulatory requirements under Section 401 of the Clean Water Act (CWA). The Trump administration issued the first changes to these rules in 50 years, known as the 2020 Rule. Many felt the 2020 Rule removed long-standing state and tribal rights to block federal water permits for a wide variety of environmental reasons and limited their ability to block these permits unless the project would directly pollute the waters within their jurisdiction.” [EHS Daily Advisor, 7/13/22 (=)]
More Than 8 Million Illinoisans Get Drinking Water From A Utility Where Forever Chemicals Have Been Detected, Tribune Investigation Finds. According to the Chicago Tribune, “Something as simple as drinking tap water is exposing millions of Illinoisans to toxic chemicals that build up in human blood, cause cancer and other diseases and take years to leave the body. Scientists call the chemicals per- and polyfluoroalkyl substances or PFAS. They are commonly known as forever chemicals because they don’t break down in the environment. Despite plenty of warning signs, the Illinois Environmental Protection Agency didn’t begin testing the state’s water utilities for PFAS until August 2020. Then state and local officials downplayed the results, burying notices filled with technical jargon on government websites.” [Chicago Tribune, 7/13/22 (=)]
House Debates PFAS CWA Limits In Defense Bill. According to Inside EPA, “The House is poised to debate whether to require EPA to issue first-time Clean Water Act (CWA) limits for per- polyfluoroalkyl substances, among other PFAS-related provisions included in the fiscal year 2023 National Defense Authorization Act (NDAA) after the Rules Committee July 12 approved half a dozen other PFAS-related proposals. House floor debate is scheduled to begin today on the NDAA and could extend into next week with about 650 amendments queued up for votes. The must-pass legislation has become an annual vehicle for pushing national policies on addressing exposure and contamination from widespread use of the persistent toxic chemicals, which are in everything from clothing and consumer products to industrial machinery and fire-fighting foams. An amendment offered by Rep. Chris Pappas (D-NH) with bipartisan support would require EPA to develop CWA health-based water quality criteria for measurable levels of classes of PFAS, and issue technology-based effluent discharge standards within four years.” [Inside EPA, 7/13/22 (=)]
States, EPA Ready Settlement Offers In Chesapeake Bay TMDL Litigation. According to Inside EPA, “EPA, several Chesapeake Bay watershed states and environmentalists say they are drafting terms for a possible settlement in litigation over the agency’s Trump-era approval of Pennsylvania’s plans for cutting nutrient and sediment releases into the bay, and could share proposed deals as soon as July 20. A joint July 12 motion filed with the U.S. District Court for the District of Columbia in Chesapeake Bay Foundation (CBF), et al., v. EPA says the state and environmental plaintiffs met with EPA on June 22 to discuss the possibility of settlement, and that parties agreed to share draft written settlement terms by July 20 followed by more meetings to discuss those proposals. Those talks warrant extending briefing deadlines in the case, the parties said -- a request the court granted the same day through a text entry in the case docket. That order notes that if settlement negotiations continue, the parties must file a joint status report on or before Sept. 8.” [Inside EPA, 7/13/22 (=)]
EPA Hails 'Turning Point' In Chesapeake Bay Cleanup. According to Politico, “A top EPA official today said newly minted legislation providing Pennsylvania farmers with hundreds of millions of dollars in cost-share funding for conservation efforts represents a ‘remarkable turning point’ in cleaning up the Chesapeake Bay, the nation’s largest estuary. What’s not clear is whether the new funding stream will halt ongoing legal action between the agency and environmental advocates over Pennsylvania’s failure to meet looming pollution goals. Adam Ortiz, administrator of EPA’s Region 3, on a call with reporters today hailed the Keystone State’s passage of legislation that greenlights spending of $220 million in federal American Rescue Plan Act funds to create a Clean Streams Fund. Of those funds, $154 million will flow into a new Agricultural Conservation Assistance Program to provide cost share to farmers working to clean up the state’s waterways.” [Politico, 7/13/22 (=)]
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