The T&H Blog Archives - Page 29 of 30

Senators Introduce Legislation in Response to West Virginia Water Crisis

UNITED STATES - Jan 14: Sen. Joe Manchin, D-WVA., talks with reporters on the way to the Senate policy luncheons in the U.S. Capitol on January 14, 2014. (Photo By Douglas Graham/CQ Roll Call) — UNITED STATES – Jan 14: Sen. Joe Manchin, D-WVA., talks with reporters on the way to the Senate policy luncheons in the U.S. Capitol on January 14, 2014. (Photo By Douglas Graham/CQ Roll Call)

In response to the recent water crisis that left over 300,000 West Virginians without water, a group of Senate Democrats have prepared a bill that aims to protect the American people from chemical spills that threaten public drinking water supplies. US Senators Joe Manchin (D-W.Va.), Barbara Boxer (D-CA), and Jay Rockefeller (D-W.Va.) intend to introduce The Chemical Safety and Drinking Water Protection Act of 2014, which includes both prevention of and preparedness for future chemical spills, to Congress when they return from recess this week.

Key principles of the bill include implementing regular state inspections of above-ground chemical storage facilities and requiring the industry to develop state-approved emergency response plans. In addition, the bill would allow states to recoup costs incurred from responding to emergencies.

“No West Virginian or American should have to go through something like this again, and that is why I plan to introduce common sense legislation to make sure all chemicals are appropriately monitored,” Senator Manchin said. “We can work to improve the safety of Americans by ensuring that chemicals are properly managed, while also balancing the positive impact the chemical industry has made to our country.”

Senator Boxer said, “This legislation protects children and families across the nation by providing the tools necessary to help prevent dangerous chemical spills that threaten their drinking water.”

“The fact that there was a lack of regulations which allowed this particular storage facility to go uninspected for so many years is absurd,” Senator Rockefeller said. “I’m encouraged we are taking these steps to bring some accountability to industry that will help protect West Virginia families and our state’s economy.”

The Chemical Safety and Drinking Water Protection Act of 2014 aims to implement the following initiatives:

State Programs: Establish state programs under the Safe Drinking Water Act to oversee and inspect chemical facilities that present a threat to sources of drinking water;

Build on Existing Drinking Water Protection Plans: Direct states to use existing source water protection plans developed under the Safe Drinking Water Act to identify facilities that present a risk to drinking water;

Minimum Federal Standards for State Programs: Establish minimum standards for chemical facilities subject to a state program, including the following:

Construction standards;
Leak detection and spill and overfill requirements;
Emergency response and communications plans;
Notification of the EPA, state officials, and public water systems of chemicals that are being stored at a facility.

Minimum Inspection Requirements: Require inspection of these facilities on a regular basis. Facilities identified in drinking water protection plans are inspected every 3 years and all other facilities are inspected every 5 years;

Ensure Drinking Water Systems Have Information: Require information on chemical facilities to be shared with drinking water systems in the same watershed;

Give Drinking Water Systems Tools to Address Emergencies: Allow drinking water systems to act in emergency situations to stop an immediate threat to people who receive drinking water from a public water system;

Ensure States Can Recover Costs for Response: Allow states to recoup costs incurred from responding to emergencies.

The chemical facility that caused the West Virginia water crisis, Freedom Industries, had not been inspected in over 20 years, did not report the spill, and had no emergency response plan in place. Read about the crisis here.

10 Things You Should Know About Water [INFOGRAPHIC]

Fresh water is arguably the world’s most precious resource, and one that many take for granted. In fact, most people simply do not know about the water crisis facing our world, and information and education are powerful tools that can help solve this crisis. This downloadable and printable infographic, courtesy of Circle of Blue, illustrates some critical facts about water and its usage, and serves as an excellent reminder that we must work together to protect this invaluable resource. We encourage you to distribute and post these graphics anywhere that people need to understand more about our global water supply.

The West Virginia Water Crisis: a Warning for our Future

Over the past several days, over 300,000 consumers in West Virginia have been unable to use their tap water for any purpose other than toilet flushing due to a chemical leak from coal manufacturer Freedom Industries. The chemical, 4-methylcyclohexane methanol (MCHM), was stored in antiquated 40,000 gallon tanks very close to the Elk River. You can read about the leak here: https://nbcnews.to/1hT9Iz9

Questions are certainly being raised surrounding this crisis. Could it have been handled better? Could it have been avoided altogether? And finally, is there a way to prevent this type of disaster from happening again? And the answer to all is an unequivocal yes.

First, there are no regulations for MCHM, even though some warning flags had been raised. From the Charleston Saturday Gazette-Mail:

Last February, Freedom Industries sent state officials a form telling them the company stored thousands of pounds of a coal-cleaning chemical called 4-methylcyclohexanemethanol in the storage tanks at its Etowah River Terminal.

The facility, along the Elk River not far from downtown Charleston, is about 1.5 miles upstream from the intake West Virginia American Water uses to supply drinking water for 300,000 residents across the capital city and the surrounding region.

Freedom Industries filed its “Tier 2” form under the federal Emergency Planning and Community Right to Know Act. State emergency response officials got a copy. So did emergency planners and responders from Kanawha County.

Under the law, government officials are supposed to use chemical inventory information on Tier 2 forms, like Freedom Industries’, to prepare for potential accidents.

Armed with the forms, they know what facilities could explode, where large quantities of dangerous substances are stockpiled, and what industries could pose threats to things such as drinking water supplies. They can plan how to evacuate residents, fight fires or contain toxic leaks.

On Thursday morning, an unknown amount of the chemical leaked from one of Freedom Industries’ tanks into the Elk River. By late afternoon, West Virginia American Water was warning residents across a nine-county region not only not to drink their water, but also not to use it for anything except flushing toilets or fighting fires.

Now, all manner of federal, state and local agencies are rushing to truck in water and otherwise see to residents’ needs, following Gov. Earl Ray Tomblin’s declaration of a “state of emergency” and President Obama’s order to provide federal assistance.

Those same agencies and public officials, though, have said they know little about the chemical involved. They’re all acting a bit surprised that this mystery substance was being stockpiled so close to a crucial water intake, and shocked that something like this could have happened.

Clearly, state officials were well informed on the location and volume of MCHM near a public water supply, yet they took no action, not even to inspect the tanks. And the reason is simple: there is very little information on the level of toxicity of MCHM, and it is therefore not regulated.

Freedom Industries’ tanks do not fall under any jurisdiction and do not require any type of inspection because MCHM is not considered hazardous enough to require permitting, even though it causes skin irritation as well as nausea and vomiting. In fact, Freedom Industries wasn\’t under any type of state oversight, said Michael Dorsey, Chief of the State Department of Environmental Protection’s Homeland Security and Emergency Response office.

“In my world – I’m a hazmat guy – this stuff’s below my radar screen until this happens,” said Dorsey. “The tanks themselves, we don’t have the regulatory authority to inspect those tanks.”

Fortunately, that is likely to change. Department of Environmental Protection Secretary Randy Huffman noted, “We are working on some ideas right now. I think a lot of folks will be calling for legislation and rightly so.”

In addition, Freedom Industries themselves failed the public in two ways. First, company executives knew full well that the tanks and retaining walls – dating back to the 1930’s and 40’s – were antiquated and desperately needed replacement. Multiple holes up to one inch in diameter were clearly visible in the tanks and walls, and it is generally accepted that the leak into the water supply was two-fold, through holes in both a tank and a retaining wall. Freedom Industries, in full knowledge of the chemicals they stored, the proximity to the public water supply, and the poor condition of their tanks and walls, clearly operated with gross negligence by failing to replace said tanks and walls. But their negligence doesn\’t stop there.

Freedom Industries did not report or respond appropriately. State law mandates immediate reporting of any chemical spill, yet state environmental workers arrived at the spill site at 11:15am on Thursday because of a phone call from West Virginia American Water Company – not Freedom Industries, said Huffman. The water company, who had received complaints from local residents about a licorice-like smell in the water starting at around 7:30am, was quick to alert authorities. Conversely, Freedom Industries was also aware of the leak yet failed to report it. Two Freedom Industries employees noted the smell as well as the leak at around 10:30am and informed company president Gary Southern, who did not report the spill or attempt any type of containment. This inaction very well may have exacerbated an already dire situation.

“Had they put containment measures in place the instant they knew, it’s logical to deduce that there wouldn’t have been as much product in the stream,” Huffman said.

In response to this gross negligence, there have already been six lawsuits filed against Freedom Industries. On January 13, the DEP demanded that Freedom Industries cease its operation and immediately conduct integrity tests of all storage tanks and secondary containment structures, and on Wednesday, January 15, the DEP issued five citations against Freedom Industries.

Lastly, there was no plan in place for dealing with such an emergency. The EPA mandates an Emergency Response Plan (ERP) as well as training for utilities servicing over 3,300 customers in case of emergency. The Bioterrorism Act, which went into effect in 2002 in response to the terrorist attacks of September 11, 2001, requires the preparation of an initial ERP, but not its maintenance. The EPA has noted that an ERP is a living document that should be updated annually at a minimum. Without these updates, an ERP quickly loses its efficacy. A sampling of required action items within an ERP include partnerships with law enforcement, public health officials, emergency workers, and first responders from local to federal levels; general emergency response policies and procedures; identification of alternative water sources; chain-of-command chart; communication procedures and notification lists; personnel safety; property protection; training, exercises, and drills; assessment; and general and incident-specific emergency action procedures. Clearly, an ERP is a comprehensive and crucial tool in maintaining public safety and in mitigating damage and difficulty in times of emergency.

The water crisis in West Virginia was certainly stressful and inconvenient, impacting local residents and businesses both emotionally and financially. However, West Virginians are fortunate that the leaked chemical was not overly toxic and that, so far, nobody has suffered any long-term effects or lost their life. Hopefully, this crisis will be limited to an inconvenience and used as a warning of how we need to be better prepared in case of a serious water-related emergency. Americans take running water for granted, and we don’t realize our dependence on it until disaster strikes. State and federal agencies need to mandate regulations and inspections to prevent such a spill from reoccurring, and water supplies must update and maintain their ERPs. Because let’s face it: water is something that we simply cannot live without.

Road Salt: Taming the Beast

Winter is fully upon us, and with it comes frigid temperatures, blustery winds, and, of course, snow. While snow brings fun to northern climates, such as ski trips, snowmen, and peppermint lattes, it also brings a toxic and dangerous contaminant: road salt. Road salt is the primary agent used for roadway de-icing, as it is both effective and inexpensive. However, it wreaks havoc on many aspects of our ecosystem, and it is imperative that we thoughtfully examine how we can protect our natural resources while still maintaining safe roadways.

What Is It?

Let’s start by looking at what road salt really is. Road salt is composed primarily of sodium (Na) and chloride (Cl); however, up to 5% of its composition is made up of ferrocyanide, an anti-caking agent that has been on the EPA’s list of toxic pollutants under the Clean Water Act since 2003, and other impurities such as calcium, potassium, iron, magnesium, aluminum, lead, phosphorus, manganese, copper, zinc, nickel, chromium, and cadmium. All of these components end up in our environment through runoff, melting, and vehicle splash, and have a profound impact on many aspects of our environment.

Water Quality

NaCl contamination causes water to have a higher density, and this denser water settles at the bottom of lakes and ponds, preventing oxygen from the top of the water from reaching the bottom. The bottom layer of the water is then unable to support aquatic life due to its oxygen void. Road salt contamination also adversely affects the food supply, health, and reproductive capabilities of aquatic life, disrupting aquatic ecosystems.

In addition, water contaminated with chloride is not easily treated, as only costly processes such as reverse osmosis, ion exchange, and distillation remove it. Sodium in drinking water is monitored due to health concerns in individuals restricted to low-sodium diets, and, because well contamination is often due to road salt runoff, treatment of contaminated private water supplies falls squarely on the shoulders of the Department of Transportation — an expensive responsibility. Due to the alarming increase in road salt usage over the past several years, contaminated water supplies are increasing dramatically.

Animal Life

Ingested road salt can adversely affect the health of your pets. According to the ASPCA’s website, road salt ingestion, through drinking contaminated puddles, licking paws, or by eating it directly, can cause a myriad of health issues for your pet, from vomiting and diarrhea to seizure and death. In addition, road salt damages the pads of your pets’ feet, making them crack and bleed.

The wildlife population most negatively affected by road salt is birds. Birds eat the salt crystals directly, thinking they are seeds, and they only need to ingest a tiny amount of salt to cause toxosis and death. Also, through its destruction of vegetation, road salt causes depletion of food sources, habitats, and nesting sites for all wildlife. Aquatic populations are also susceptible to road salt contamination, particularly to the anti-caking agent ferrocyanide, which is lethal to fish species.

Plant Life

Road salt damages both aquatic and terrestrial plants by inhibiting nutrient absorption, germination, and flowering, and by causing root damage and dehydration. In fact, NaCl is a registered herbicide due to its toxicity to plants. Plants along roadways act as a protective barrier between pollutants and waters, and destruction of this natural buffer increases water pollution. Road salt also disrupts aquatic ecosystems by eliminating habitats and food supplies and by increasing the prevalence of nuisance algal populations.

Soil

Road salt negatively changes soil chemistry by reducing soil’s pH, decreasing permeability and absorption rates, damaging fertility, and killing beneficial bacteria. Affected soil also erodes at a quicker rate.

Infrastructure

Salt corrodes. We notice it mainly on our cars, but it also affects infrastructure such as bridges, support rods, and parking garages. Corrosion poses danger to the public due to compromised structural integrity of bridges and other supported roadways, and it also costs billions of dollars per year in corrosion control and repair costs.

What We Can Do

The best plan of action is to reduce the amount of salt we are using on our nation’s roadways. And this task is certainly feasible. For example, through the Central Massachusetts Regional Stormwater Coalition (CMRSWC), Tata & Howard developed a process providing a roadway treatment calibration approach that maintains safe conditions while reducing chloride loading to surface waters:

Review and evaluate the types of materials used for roadway treatment on local roadways
Calculate the total loading rate of chloride (in pounds of chloride per lane-mile) presently applied
Compare the calculated loading rates to the range of rates documented in literature
If a community’s current chloride loading rates are statistically higher than documented values, determine if that community may benefit from efforts to alter their current practices
Recommend a phased approach to achieve the potential reduced loading rate
Perform calibration procedures on equipment to deliver reduced chloride loading rates

By performing these steps, CMRSWC communities have significantly lowered their road salt load, resulting in decreased municipality spending and increased environmental protection, all while maintaining safe roadways.

Conclusion

Road salt is certainly necessary, as it remains the best and most cost-effective defense against slippery, dangerous roadways. However, more care and training need to go into salt application. With combined efforts from municipalities, contractors, and engineers, we can drastically reduce the negative impact of road salt on our environment — and still make it to work on time.

7 Tips to Stay Healthy This Holiday Season

The holiday season is upon us, and while it is indeed a joyous and festive time of year, it can also be a difficult one. We have put together some tips for maintaining physical and mental health during this bustling time.

Eat frequently.
We all know the holidays are a time for cookies, cakes, and candy canes, and enjoying the tastes of the season is part of the festivities. However, overindulging in sweet treats can lead to weight gain, lethargy, and illness. Try to eat small, healthy meals, including lean protein and a variety of vegetables, every 3-4 hours; that way, you’ll stay satisfied all day and be less likely to overeat those tempting trifles. And when you do indulge, keep the portion to one serving: enjoy a small piece of cake, one cookie, or a single truffle. By maintaining balance, you won’t feel deprived and will still keep your diet and health in check.

Get enough sleep.
A good night\’s sleep does a lot more than just banish those pesky under-eye circles. A full night’s sleep – 7-9 hours per night – boosts memory, aids in disease prevention, allows the body to make necessary repairs to itself, assists in maintaining a healthy weight, increases creativity, and helps the body resist illness. And that’s just the tip of the iceberg. Adequate sleep, once greatly overlooked, is now touted as one of the most important factors in maintaining overall health. So go ahead, hit the snooze button. Your body and mind will thank you.

Stay active.
Let’s face it, the chilly, short days and frenetic schedule this time of year make squeezing in daily exercise a challenge. However, staying active year-round helps stave off illness and disease, boosts metabolism, supports mental health, and helps maintain a healthy weight. Some tips for exercising around the holidays include joining a gym (they always have specials this time of year), skiing, iceskating, working out with your smartphone or tablet (there’s an app for that!), or signing up for a fitness class. Be creative! Even choosing to take the stairs, wash your windows, or to park at the opposite end of the parking lot at work will help you sneak in extra daily activity.

De-stress.
Stress is one of the largest factors in contributing to illness, disease, and weight gain. The holidays are particularly difficult for many people due to a variety of stressors, such as harried schedules, crowded shopping centers, and familial and monetary worries. Don’t let the holidays stress you out! Practice breathing techniques, take a yoga class, relax with a cup of peppermint tea, or meditate. These are simple, yet effective measures in reducing stress and allowing you to enjoy the season. And speaking of ways to de-stress…

Practice positive thinking.
It is so simple, and really pays off. Consistent positive thinking does take some conscious effort, but with a little practice, it will become second nature – and you’ll be on your way to a much calmer and happier outlook. Somebody cut you off on the highway? Be grateful you weren’t in an accident. Heating oil delivery costs are through the roof? Be thankful for that roof. Be mindful of everyday aggravations, and find a way to turn them into moments of gratitude.

Drink your water.
This one is our favorite! Adequate water consumption – half your body weight in ounces per day – offers a myriad of health benefits, including disease prevention, heightened metabolism, weight maintenance, illness prevention, mental clarity, and joint health. In addition, staying hydrated gives you shiny hair, strong nails, and healthy skin. Providing clean, safe water is something we are passionate about here at Tata & Howard. We hope you will drink your water and enjoy the many benefits it has to offer this holiday season. And last but not least…

Smile.
While the adage “It takes 43 muscles to frown and only 17 to smile” is largely an old spouse’s tale, the premise behind it holds firm: smiling and spreading cheer is easy and infectious. So give it a try, along with our other tips, and enjoy the happiest, healthiest holiday season possible!

US Senate Unanimously Passes HR3588: Community Fire Safety Act

On December 17, the US Senate unanimously passed HR3588: Community Fire Safety Act to exclude fire hydrants, including their pipes, fittings, fixtures, solder, and flux, from the Reduction of Lead in Drinking Water Act. The bill, which passed the US House of Representatives by unanimous vote on December 2 and has garnered broad bipartisan and water industry support, now heads to the White House for signature.

“The American Water Works Association applauds the Senate for its swift action in passing the Community Fire Safety Act,” said AWWA Executive Director David LaFrance. “Our elected leaders have done a great service for their communities, and we are optimistic that President Obama will sign the bill into law. We also are grateful to the many voices in the water community and beyond who joined with AWWA in bringing this issue to Congress over the past few weeks. Their willingness to raise their voices has made all the difference.”

LaFrance added: “The Reduction of Lead in Drinking Water Act was not intended to cover fire hydrants. Our elected leaders have arrived at a common-sense decision that will save valuable time and resources for water utilities and equipment manufacturers, costs that ultimately would be borne by water consumers.”

EPA Backs Away from Lead-free Hydrants Rule

MELISSA DANIELS
THE PITTSBURGH TRIBUNE-REVIEW

Facing oppoposition from fire and water officials, the EPA is backing down on the need for lead-free fire hydrants.

The Environmental Protection Agency is backing down from an effort that urges municipalities to install lead-free fire hydrants because of opposition from fire officials, water authorities and members of Congress.

U.S. Sens. Bob Casey, D-Scranton, and Pat Toomey, R-Lehigh Valley, were among four senators working on bipartisan legislation that would exempt fire hydrants from EPA requirements restricting the use of lead in certain types of water infrastructure by Jan. 4.

Late Friday, EPA officials said they won’t pursue their plans.

“In response to the feedback received through that process, EPA concluded that fire hydrants are not widely used as a potable source of water and that the guidance should be revised to exclude fire hydrants if Congress doesn’t take action to do so before the January deadline,” EPA spokeswoman Julia Valentine said in a statement.

The fire hydrant rule, announced in October, was part of the Reduction of Lead in Drinking Water Act, a 3-year-old piece of legislation. Throughout the fall, fire departments and water authorities nationwide urged the EPA to change course. Fire hydrants, they said, contain little lead in their metal parts or paint.

Some fixtures, such as shower valves, are exempt from the regulations. The legislation passed by the House of Representatives and under consideration in the Senate would add fire hydrants to the list of exemptions.

Casey and Toomey have said the measure would be “too costly and burdensome.” The Senate was expected to pass the bill sometime before the new year, according to Toomey’s office.

The rule would apply only to hydrants installed after Jan. 4.

At West View Water Authority, project manager George Koleck said hydrants contain few lead-containing metal parts. Yet the authority would have had to replace 30 hydrants in storage, purchased for about $1,800 apiece.

“If the EPA is telling us we have to use no lead, brass or bronze parts in repairing fire hydrants, that means we have to throw out our current inventory and purchase new items,” Koleck said.

In addition, manufacturers might not have lead-free products available, meaning any repairs or retrofitted hydrants would have to be shipped to the factory to comply with regulations.

“We test for lead in our water and we’re well below the standards,” Koleck said. “We’re for safe water, and we’ll do what’s required and necessary, but sometime these regulations are a little more overboard.”

Melissa Rubin, spokeswoman for the Pittsburgh Water & Sewer Authority, said the agency has about 50 hydrants stored to replace broken ones.

If the no-lead regulation had taken place, Rubin said it would have cost the agency $132,000 to replace its stored hydrants.

Melissa Daniels is a Trib Total Media staff writer.

Proposed Legislation to Exclude Fire Hydrants from the Reduction of Lead in Drinking Water Act

On Monday, December 2, the US House of Representatives unanimously voted to override a controversial October 22, 2013 EPA ruling that included fire hydrants in the Reduction of Lead in Drinking Water Act. This Act, slated to take effect January 4, 2014, would require all new fire hydrants and their accompanying pipes, fixtures, and fittings to be lead-free.

The bill, cosponsored by Congressmen Paul Tonko (D-NY) and Bill Johnson (R-Ohio), garnered sweeping bipartisan support, an unusual occurrence when it comes to EPA rulings. Named the Community Fire Safety Act, HR 3588, the bill also received broad support from the water industry, including the American Water Works Association, Association of Metropolitan Water Agencies, Association of California Water Agencies, National Association of Water Companies, and National Rural Water Association.

“This commonsense legislation eliminates an unintended consequence of a recent law enacted to enhance public health. No one is getting a steady supply of drinking water from the fire hydrant at the end of their street, so we should not add to the heavy burden our local governments with constrained budgets already experience,” said Rep. Tonko. “We need to remove lead from our drinking water, but we do not need to regulate fire hydrants to achieve this worthy and important goal,” he continued. “When Congress passed the amendments to the Safe Drinking Water Act three years ago, I doubt anyone intended to have EPA regulate hydrants.”

Advocates of the Community Fire Safety Act are strongly urging individuals to contact their senators in support of this legislation, and to ask that the Act be voted into law. If the Act fails to pass, community water utilities will be stuck holding millions of dollars of brand new, non-compliant fire hydrants – with no means of procuring the required lead-free hydrants.

“Water utilities have made it clear that they have two choices come January 4: fail to comply with federal law, or leave gaps in critical fire hydrant service,” commented Rep. Johnson. “No one should ever face that choice.”

To contact your senator, please visit https://www.senate.gov/general/contact_information/senators_cfm.cfm

The Criticality of Water: EPA Aims to Bring Awareness to the Nation

Water: our world’s most precious resource. We need water for food production, manufacturing, livestock, tourism, electric power, energy resource extraction, mining, forestry, and recreation. Water is critical to a thriving economy, and is essential either directly or indirectly in every aspect of our lives. So why aren’t we doing more to protect it?

The US Environmental Protection Agency (EPA) is hoping to change that. The Importance of Water to the US Economy, an EPA report addressing the intrinsic value of water, was issued earlier this month. The 37-page report discusses the vital role water plays in all aspects of our economy, and why we urgently need to address the sustainable management of our nation’s water resources. This report also supplies additional evidence for the expanded Clean Water Act jurisdiction expected to pass in 2014, which you can read about here.

The reality is that sustainable management will not only necessitate increased EPA jurisdiction to ensure protection of our nation’s finite water resources, but will also come with a pricetag. Aging infrastructure – some built around the time of the Civil War – continues to fail at an alarming rate, and EPA’s Drinking Water Infrastructure Needs Survey and Assessment: Fifth Report to Congress, issued in June of this year, estimated that $384 billion would be necessary simply for the maintenance of our nation\’s tap water systems through 2030.

Yet people continue to balk at rising water and sewer prices, even in the wake of such compelling evidence. General Manager of the District of Columbia Water and Sewer Authority (DC Water) George S. Hawkins, whose job includes convincing residents of the necessity for rate increases, explains in a way that allows no room for argument: “People pay more for their cellphones and cable television than for water. You can go a day without a phone or TV. You can’t go a day without water.”

Indeed, Mr. Hawkins.

EPA Releases Draft Report in Preparation for Expanded Clean Water Act Jurisidiction

There is no question that clean water remains our nation\’s most valuable natural resource. It is not only necessary for providing drinking water and maintaining public health, but also for manufacturing, farming, fishing, tourism, recreation, and energy development. And while the need for an abudant supply of clean water impacts us all, the methods used by the Environmental Protection Agency (EPA) to protect our nation’s waters has come under heated debate.

Background
In 1972, in an effort to protect our nation’s water supply, the US Environmental Protection Agency (EPA) enacted the Clean Water Act (CWA), which defined “Waters of the United States.” The Act provided protection to these defined streams, lakes, rivers, wetlands, and other waterways from the high levels of pollution to which they were being subjected. Since 2001, some of these waters and wetlands have lost federal protection due to misinterpretations and confusion over Supreme Court rulings in regard to which waterways fall under CWA jurisdiction. Citing our nation’s imperative need for clean water, the EPA and Army Corps of Engineers (Corps) determined that clarification of CWA jurisdiction was necessary.

The Report
On August 24, 2013, the EPA solicited public comment on a new draft science report titled Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence. Public comments received by November 6, 2013 will be provided to the Scientific Advisory Board (SAB), an independent peer review panel, prior to their December 16-18, 2013 meeting. The purpose of this draft science report is to provide compelling scientific evidence in support of a joint EPA/Corps rulemaking to increase protection of US water by clarifying the authority of the CWA. This clarification has been requested by many entities including members of Congress, state and local officials, industry, agriculture, environmental groups, and the public.

EPA and the Corps’ primary focus is jurisidiction over our nation’s network of smaller waters – waters that feed larger ones, and, according to EPA, need protection in order to keep our water safe from upstream pollutants. In addition, EPA and the Corps are including protection for non-drinking water wetlands, maintaining that these wetlands provide community benefits, such as pollution containment and filtering, water storage, flood safety, as well as economic benefits for US businesses, including energy producers and farmers, who rely on ample sources of clean water.

The EPA states, “This draft science report presents a review and synthesis of the scientific literature pertaining to physical, chemical, and biological connections from streams, wetlands, and open-waters to downstream waters such as rivers, lakes, estuaries, and oceans. This review of more than 1,000 peer-reviewed publications summarizes the current scientific understanding of the connectivity of small or temporary streams, wetlands, and certain open-waters, evaluated singly or in aggregate, and the mechanisms by which they affect the function or condition of downstream waters. The goals of the report are to (1) provide a context for considering the evidence of connections between rivers and their tributary waters, (2) summarize current understanding about these connections and associated downstream effects, and (3) discuss factors that influence the degree of connectivity or the magnitude of a downstream effect.”

The draft science report makes three initial conclusions:

All streams, regardless of their size or how frequently they flow, are connected to and have important effects on downstream waters. These streams supply most of the water in rivers, transport sediment and organic matter, provide habitat for many species, and take up or change nutrients that could otherwise impair downstream waters.
Wetlands and open-waters in floodplains of streams and rivers and in riparian areas (transition areas between terrestrial and aquatic ecosystems) are integrated with streams and rivers. They strongly influence downstream waters by affecting the flow of water, trapping and reducing nonpoint source pollution, and exchanging biological species.
Additional information is necessary for wetlands and open-waters located outside of floodplains and riparian areas before determining that they do not directly impact downstream waters.

The proposed rule maintains existing exemptions and exclusions, including those pertaining to agriculture and the production of food, materials, and fuel, as detailed below:

Agricultural stormwater discharges
Return flows from irrigated agriculture
Normal farming, silvicultural, and ranching activities
Upland soil and water conservation practices
Construction and maintenance of farm or stock ponds or irrigation ditches
Maintenance of drainage ditches
Construction or maintenance of farm, forest, and temporary mining roads
Prior Converted Cropland, including the role of USDA
Waste Treatment Systems

In addition to existing exclusions, the rule also proposes the following new exemptions:

Non-tidal drainage, including tiles, and irrigation ditches excavated on dry land
Artificially irrigated areas that would be dry if irrigation stops
Artificial lakes or ponds used for purposes such as stock watering or irrigation
Areas artificially flooded for rice growing
Artificial ornamental waters created for primarily aesthetic reasons
Water-filled depressions created as a result of construction activity
Pits excavated in uplands for fill, sand, or gravel that fill with water

In short, the report finds that all of the nation’s streams and most of its wetlands are connected and have biological, chemical, and physical impact on our nation’s rivers and lakes, and therefore fall under CWA jurisdiction.

Implications
EPA has stated that their final report will take into consideration all public comment as well as the findings of the independent peer review from their upcoming December meeting. When finalized, this report will provide scientific evidence on the connectivity of almost all of our nation’s waters, and will in turn pave the way for broad CWA jurisdiction, including over private property. While protection of our nation’s waters needs to be of primary focus, greatly expanded CWA jurisdiction will increase permitting burdens and significantly impact landowners across the country.

Category: The T&H Blog