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Lawsuit to Force EPA to Regulate Ballast Water Discharges

A 1973 Environmental Protection Agency regulation exempted ballast water discharges by vessels in U.S. waters from coming under the National Pollutant Discharge Elimination System (NPDES) permit program, and now three environmental organizations have filed suit in the U.S. District Court for the Northern District of California on Dec. 22 to lift the exemptions.  The groups stated that ballast water discharges “are the primary pathway for the introduction of invasive species into U.S. waters” and should be regulated.  However, the EPA said such regulation of ballast water discharges was not necessary because of Federal activities to control the introduction of invasive species, which “are likely to be more effective and efficient than reliance on NPDES permits."

New Acting Assistant Administrator for Water 

Mr. Benjamin Grumbles, the Acting Head of the EPA Office of Congressional and Intergovernmental Affairs, has succeeded G. Tracy Mehan as the Acting Assistant Administrator for Water at the Environmental Protection Agency.  The announcement was made by EPA Administrator Mike Leavitt on Dec.23, and became effective on Dec. 29.  Mr. Mehan had earlier stated his intention to leave the Agency and will be working as an environmental consultant for the upcoming G-8 Summit, and on other high-level projects.  Mr. Grumbles is an attorney who came to EPA in 2002, having been Deputy Staff Director on the House Science Committee, and before that having worked on the House Transportation and Infrastructure Subcommittee on Water Resources and the Environment.

States’ Impaired Waters Lists Forthcoming

The EPA is working to complete their approval of the States’ lists of U.S. waters that are impaired and require a cleanup plan (required under Section 303(d) of the Clean Water Act, and referred to as “303 Lists”) and say they may be longer than those completed two years earlier.   The Chief of EPA’s Watershed Branch in the Office of Wetlands Oceans and Watersheds, said that an accurate number of impaired waters should be completed within "the next few weeks,” and that “the early indications are that the numbers have increased.”  The EPA maintains a website that reports the 303 Lists for States, including the “Top 100 Impairments”, “Approved TMDL’s by General Pollutant”, “TMDL’s by State”, and “TMDL’s by Year”.  The website is located at:  http://oaspub.epa.gov/waters/national_rept.control

Microbial Contamination Worth Investigating

The Environmental Protection Agency’s Science Advisory Board (SAB) may begin developing a report on the health risks posed by microorganisms in drinking water, following a Dec. 11 Board meeting involving testimony from Dr. Joan Rose of Michigan State University, who is also Vice-Chair of the Water Science and Technology Board at the National Academy of Sciences.  Dr. Rose stated that “the number one contaminant in rivers is bacteria,” only 13 of which are tracked under the Safe Drinking Water Act.  She said that 40 new pathogens had been identified in the past 30 years, some of which may be responsible for several chronic diseases in humans.  The SAB Chairman, William Glaze, said that “In my view, the threat is greater in the microbial area.  We’re simply focusing too much on chemicals.”  A possible future report from the SAB would likely include an examination of the range of little-understood health impacts from microbial exposure, as well as the current water statutes covering the regulation of pathogens.

EPA to Draft Wastewater Blending Guidance

The Bush Administration has said it will move forward this year with a policy that would allow Publicly Owned Treatment Works (POTW’s) to “blend” wastewater in the event of wet weather events, which allows them to skip the microbial treatment of some wastewater and add it to fully treated water, all the while meeting their National Pollutant Discharge Elimination System (NPDES) permit requirements.  Environmental groups say the practice puts the public at risk from pathogens, but the Association of Metropolitan Sewerage Agencies (AMSA) has sent a letter to Congress outlining relevant facts regarding the practice, which further states that it isn’t economically feasible to construct treatment facilities that are able to fully process all incoming water during severe weather events.  The EPA is currently accepting comments on the practice of “blending’ through January 9.

Comments Sought for SRF Bill

A letter was sent in December from the Senate Environment and Public Works Committee Chairman, Ranking Member, and Water Subcommittee leaders, to water utility stakeholders asking for their help in improving the Clean Water Act and Safe Drinking Water Act State Revolving Loan Fund application processes.   The Committee members wish to develop SRF bill language that has a better chance of passing in 2004 and hope their request will “kick-start” that process.  The SRF program provides money to the States through the EPA for use as loans for infrastructure maintenance and improvement projects.  The Bush Administration has been against increasing Federal water infrastructure funding, as was the former EPA Administrator, G. Tracy Meehan, who stressed conservation methods and rate changes to help utilities meet their project funding requirements.

Tripartite Council Finds Mexico in Breach of Water Pollution Standards on U.S. Border

Evidence released on December 5 in the form of a scientific ‘factual record’ by the North American Commission for Environmental Cooperation (CEC) Council, has revealed that wastewater discharged by three Mexican municipalities on the border with the U.S. contained fecal coliform bacteria counts of between six and seven thousand times the maximum limit allowed under the Mexican Official Standard.  The CEC investigation, which began in 2002, states that "Since the entry into force of the North American Agreement on Environmental Cooperation on Jan. 1, 1994, the [Mexican Federal Water Authority] has not taken any enforcement action regarding the water pollution prevention and control provisions referred to in the factual record."  

The CEC was formed by the North American Agreement on Environmental Cooperation, and is comprised of Environment leaders in Mexico, the U.S. and Canada.  However, the factual records produced by the Council do not, by themselves, compel any action from the Mexican government.

The CEC Council also announced on December 15 that they will begin an in-depth investigation into allegations that Canada isn’t enforcing environmental regulations protecting fish habitats from pulp and paper mill operations, citing about 70 mills and several thousand allegations of violations of the Fisheries Act and of the Federal Pulp and Paper Effluent Regulations of Canada.  The CEC Council will likely begin development of a ‘factual record’ of the effluents produced by the mills, with the exception of those already under investigation by the Canadian government.  

Western States Newspaper Headlines

“Mesa to vote on water - $41 million eyed to expand plant now at capacity.”  Jan. 2, 2004 The Arizona Republic  www.azcentral.com

“Cash flow meets water flow in Texas-sized battle”  January 1, 2004  Austin American-Statesman  www.statesman.com

"It was a dry 2003 for Bismarck-Mandan”  January 1, 2004  The  Bismarck Tribune  www.bismarcktribune.com

“Endangered Species Act survives 3 decades.  Law's future rocky as backers, critics deadlock on possible changes”  December 28, 2003  The Dallas Morning News  www.dallasnews.com

“Irrigation program aids farming plans”  December 23, 2003  Lincoln Journal Star  www.journalstar.com

“Work begins at wastewater treatment plants”  December 24, 2003  Lincoln Journal Star  www.journalstar.com

“Some flood victims left to fend for themselves - denied Federal assistance”  December 29, 2003  Las Vegas Review-Journal  www.reviewjournal.com

“Moving water” (Editorial)  December 23, 2003  Las Vegas Review-Journal  www.reviewjournal.com

“Wetlands project aims to extract value from Coors fish kill.  State hopes for improved wastewater treatment”   December 28, 2003  The Denver Post  www.denverpost.com

“Owners cry foul at developer's land grab.  Reservoir law lets builder 'take' road”  December 22, 2003  The Denver Post  www.denverpost.com

“The salting of the West”  December 21, 2003  The Denver Post  www.denverpost.com

“Hopes building for clean water”  January 1, 2004  The Sacramento Bee  www.sacbee.com

“Federal Bureau [Reclamation] Chief winds up an eventful career”  January 4, 2004  The Sacramento Bee  www.sacbee.com

News Found on the Web

Bureau of Reclamation Names 2003 Water Conservation Award Winners

Reclamation Commissioner John Keys III has announced the winners of the 2003 Commissioner's Water Conservation Award:  Mr. Elmer McDaniels, Manager, Tumalo Irrigation District; the Contra Costa Water District; the San Jacinto Resources Conservation District; and the Tom Green Water Control and Improvement District #1 were recognized for their proactive and innovative water conservation activities.  For more information, go to:  http://www.usbr.gov/main/news/news_releases/news_2003/2003-12-19.html

Bureau of Land Management Announces Availability of Draft Environmental Impact Statement On Proposed Grazing Rule; Sets Public Meetings on Impact Statement

January 2, 2004 - The Bureau of Land Management today announced the availability of a Draft Environmental Impact Statement prepared in connection with a proposed grazing rule that the Bureau published last month.  The Bureau also announced a series of public meetings that it will hold in the West and in Washington, D.C., on the impact statement.  The Western meetings are scheduled for late January and early February in Salt Lake City, Phoenix, Boise, and Cheyenne.  For more information, go to:  http://www.blm.gov/nhp/news/releases/2004.htm

The Environmental Protection Agency’s Finalized Revised Policy Regarding Sub-Metered Properties

December 22, 2003 - To promote water conservation, the EPA is changing its regulatory policy under the Safe Drinking Water Act (SDWA) for apartment buildings and other similar properties.  When property owners install sub-meters and bill tenants for actual water consumption, they will no longer be treated as public water systems subject to the full regulatory requirements of the SDWA.… In general, the comments submitted strongly supported the Agency's proposed policy and noted that sub-metering promotes water conservation.  For more information, go to: http://www.epa.gov/safewater/wsg/memo_wsg_submetering.pdf

…and Things to Come? 

U.S. EPA orders Lake Mead town to monitor drinking water.  Public water system failed to monitor for lead and copper.

For Immediate Release: January 10, 2004  San Francisco -- Last week the U.S. Environmental Protection Agency ordered a public water system in Meadview, Ariz. to monitor its drinking water for lead and copper, as required by the Safe Drinking Water Act.  For more information, go to:  http://yosemite.epa.gov/r9/r9press.nsf/news?readform

Bills Introduced in the Senate: December 22, 2003 - January 2, 2004

Bills Introduced in the House: December 22, 2003 - January 2, 2004

Federal Register Notices:  December 22, 2003 - January 2, 2004

EPA.  Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Centralized Waste Treatment Point Source Category.  Final rule.  This regulation became effective on December 22, 2003.  FR  12/22/03  p.71014

INTERIOR.  Fish and Wildlife Service.  Notice of Availability of the Final Comprehensive Conservation Plan and Summary for the Alamosa-Monte Vista National Wildlife Refuges Complex, Alamosa, CO.  “Efforts will be taken to restore meandering streambeds and their associated hydrology and riparian habitats on Refuge lands ... Irrigation systems in all Refuge units will be upgraded as funding allows to enact more precise and efficient management of irrigation water.”  Dated: August 29, 2003.  FR  12/22/03  p.71126

INTERIOR.  Bureau of Indian Affairs.  Land Acquisitions; Skokomish Tribe of Washington.  Notice of Final Agency Determination to take land into trust under 25 CFR part 151.  Dated: December 8, 2003.  FR  12/22/03  p.71131

INTERIOR.  Office of the Secretary.  List of Programs Eligible for Inclusion in Fiscal Year 2004 Annual Funding Agreements To Be Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs.  Notice.  This notice expires on September 30, 2004.  FR  12/22/03  p.711322  

EPA.  Applicability of the Safe Drinking Water Act to Submetered Properties Docket: OW-2003-0065.  Notice.  The EPA finalized a memorandum that outlined its revised policy regarding regulatory requirements under the Safe Drinking Water Act for submetered properties.  EPA's revised policy is effective December 16, 2003.  FR  12/23/03  p.747233

EPA.  Board of Scientific Counselors, Executive Committee Meeting.  Notice of an Executive Committee Meeting of the Board of Scientific Counselors.  The meeting will be held on January 22 and 23, 2004, in Washington, DC.  Dated: December 18, 2003.  FR  12/24/03  p.74576

HOMELAND SECURITY.  Directorate of Information Analysis and Infrastructure Protection (IAIP); Open Meeting of National Infrastructure Advisory Council (NIAC).  Notice.  The National Infrastructure Advisory Council will meet on January 13, 2004, in Washington, DC.  The meeting will be open to the public. “The NIAC advises the President of the United States on the security of information systems for critical infrastructure … including transportation, energy … and emergency government services.”  FR  12/24/03  p.74624

INTERNATIONAL BOUNDARY AND WATER COMMISSION, United States And Mexico.  Notice of Availability of Final Environmental Impact Statement for Alternative Vegetation Maintenance Practices for the Lower Rio Grande Flood Control Project in Cameron, Hidalgo, and Willacy Counties, TX.  Notice of availability of Final Environmental Impact Statement.  Dated: December 15, 2003.  FR  12/24/03  p.74650

INTERNATIONAL BOUNDARY AND WATER COMMISSION, United States And Mexico.  Notice of Availability of Draft Environmental Impact Statement, River Management Alternatives for the Rio Grande Canalization Project, Sierra and Do[ntilde]a Ana Counties, NM and El Paso County, TX.  Notice of availability of Draft Environmental Impact Statement.  Dated: December 18, 2003.  FR  12/24/03  p.74651

DOD.  Department of the Army; Corps of Engineers.  Intent to Prepare a Joint Draft Environmental Impact Statement/Environmental Impact Report for the Wilson Creek/Oak Glen Creek Feasibility Study in the City of Yucaipa, San Bernardino County, CA.  Notice of intent.  The U.S. Army Corps of Engineers and the County of San Bernardino Flood Control District will cooperate in conducing this Feasibility Study.  A public scoping meeting is scheduled at the City of Yucaipa Council Chambers on January 14, 2004.  Written comments concerning the Draft EIS/EIR should be submitted by February 12, 2004.  FR  12/29/03  p.74949

EPA.  Effluent Limitations Guidelines and New Source Performance Standards for the Concentrated Aquatic Animal Production Point Source Category (finfish farming and fish hatcheries and other animal aquaculture); Notice of Data Availability.  Applicable to CAAP facilities that discharge pollutants directly to waters of the United States.  Dated December 19, 2003.  FR  12/29/03  p.75067

EPA.  Toxic Chemical Release Reporting; Notice of On-Line Dialogue; Extension of Comment Period.  Extension of comment period.  This notice announces that EPA is extending the comment period for the stakeholder dialogue by 30 days until February 4, 2004.  Comments must be received by EPA on or before February 4, 2004.  Instructions for participating in the on-line dialogue are posted at EPA's TRI Web site at:  http://www.epa.gov/tri/programs/stakeholders/outreach.htm.  FR  12/30/03  p.75237

HOMELAND SECURITY.  Coast Guard.  Pollution Prevention Equipment; Standards for Approval.  Notice of policy.  “The Coast Guard will consider alternative testing standards...  and for the designation of laboratories as approved facilities to conduct tests on this pollution prevention equipment (PPE).” This policy is effective December 31, 2003. Comments and related material must reach the Docket Management Facility on or before March 30, 2004.  FR  12/31/03  p.75603

EPA.  National Recommended Water Quality Criteria for the Protection of Human Health.  Notice of availability.  Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of updated national recommended water quality criteria for the protection of human health for fifteen pollutants.  Dated December 23, 2003.  FR  12/31/03  p.75507

EPA.  Preliminary Effluent Guidelines Program Plan for 2004/2005.  Notice of preliminary effluent guidelines plan; request for comments.  EPA must receive comments on the preliminary Effluent Guidelines Program Plan for 2004/2005 by February 17, 2004.  EPA will conduct a public meeting on January 28, 2004.  FR  12/31/03  p.75515

EPA.  Standards for the Use or Disposal of Sewage Sludge; Final Agency Response to the National Research Council Report on Biosolids Applied to Land and the Results of EPA's Review of Existing Sewage Sludge Regulations.  Notice.  “...EPA has identified 15 pollutants for possible regulation.  This list constitutes the final results of EPA's current review of existing sewage sludge regulations as required by the CWA. These pollutants will undergo a more refined risk assessment and risk characterization which may lead to a notice of proposed rulemaking under the Clean Water Act...”  Dated December 23, 2003.  FR  12/31/03  p.75531

EPA.  Notice of Availability of Draft Aquatic Life Criteria Document for Copper and Request for Scientific Views.  Notice of availability and request for scientific views.  “Summary: This notice informs the public about the availability of a draft document containing updated aquatic life criteria for copper and requests scientific views.”  EPA will accept scientific views on the draft 2003 Draft Updated of Ambient Water Quality Criteria for Copper document on or before March 1, 2004.  FR  12/31/03  p.75552

EPA.  Notice of Availability of Draft Aquatic Life Criteria Document for Diazinon and Request for Scientific Views.  Notice of availability and request for scientific views.  Summary: This action notifies the public about the availability of a draft aquatic life criteria document for diazinon and requests scientific views. All significant scientific information must be submitted to the Agency on or before March 30, 2004.  FR  12/31/03  p.75555

HEALTH AND HUMAN SERVICES.  Centers for Disease Control and Prevention.  Statement of Organization, Functions, and Delegation of Authority.  “Part C... is amended to reflect the reorganization of the National Center for Environmental Health (NCEH):  (1) Manages, directs, coordinates, and evaluates all health-related programs of NCEH and ATSDR; (2) provides overall leadership in health-related activities for hazardous substances, hazardous waste sites and chemical releases; (3) provides overall coordination for the research programs and science policies of the agencies;...” and etc.  Dated: December 16, 2003.  FR 1/2/04  p.90

DOE.  National Energy Technology Laboratory; Notice of Availability of a Funding Opportunity.  Notice is hereby given of the intent to issue a Funding Opportunity entitled “Focused Research in Federal Lands Access and Produced Water Management in Oil and Gas Exploration and Production.”  The Funding Opportunity will be available on the DOE/NETL's Internet address at http://www.netl.doe.gov/business on or about January 15, 2004.  FR 1/2/04  p.52

AGRICULTURE.  Natural Resources Conservation Service and Commodity Credit Corporation, USDA.  Conservation Security Program; Proposed rule with request for comments.  This proposed rule implements the Conservation Security Program (CSP) set out in the Food Security Act of 1985, as amended by the Farm Security and Rural Investment Act of 2002, enacted on May 13, 2002  “...To provide financial and technical assistance to agricultural producers who conserve and improve the quality of soil, water, air, energy, plant and animal life, and support other conservation activities.”  Comments must be received by March 2, 2004.  FR 1/2/04  p.193