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Salton Sea Important to Air Quality, Bird Migration

Rep. Joe Barton (R-Texas), Chairman of the House Energy and Air Quality Subcommittee, and Subcommittee member Rep. Mary Bono (R-Calif.) held a hearing at the Civic Council Chamber in Palm Springs on January 12, to discuss Coachella Valley air quality concerns, water needs, and Federal funding for environmental spending.  One of the air quality concerns was ‘particulate matter’ blowing from the Salton Sea’s dried lake bed, contributing to the violations of Federal particulate matter standards that have been occurring for several years.  The Salton Sea, California's largest lake, is a also an important migratory stop for many avian species and who’s value has been highlighted by the overall loss of wetlands in California.  Witnesses at the hearing included Salton Sea Authority Executive Director Tom Kirk; John Wohlmuth, Executive Director of the Coachella Valley Association of Governments; and EPA Region 9 Deputy Air Division Director Matt Haber, among others.

Southern California Wilderness Area Being Considered

One of the last remaining pristine wilderness areas in Southern California, covering more than 1.5 million acres of public lands and 300 rivers, would come under Federal protection in a bill introduced by Rep. Hilda Solis (D-Calif.).  H.R. 3325, the "Southern California Wild Heritage Wilderness and Wild Rivers Act," would designate areas in the White Mountains, Joshua Tree National Park, and Death Valley as “wilderness” where development and many recreational activities would be prohibited.  Rep. Mike Thompson (D-Calif.) introduced similar legislation for areas in Northern California (H.R.

As yet, House Resources Committee Chairman Richard Pombo (R-Calif.) hasn’t decided whether to give the Southern California bill a hearing this coming session.  A Committee staffer said that wilderness protections could inadvertently curtail forest thinning projects which limit wildfires, and that the bill’s language should guarantee public access for recreation. 

No Biosolids Land Application Ban

In October, the Center for Food Safety petitioned the EPA for a moratorium on the land application of sewage sludge (also called biosolids), and threatened legal action against the Agency if it failed to comply with the demand.  The EPA is required under Section 405(d) of the Clean Water Act to consider regulation of potentially toxic substances in sewage sludge.

Hydraulic Fracturing Agreement

A voluntary agreement was signed on Dec. 12, 2003 by the EPA and three, Texas-based oil and gas producers for them to halt the practice of pumping diesel fuel at high pressures into coalbed methane production wells to stimulate the release of natural gas, at least in areas that could threaten underground sources of drinking water.  According to the Agency this method of Hydraulic Fracturing is used in about 30 states.

The agreement should allay the concerns of some environmental groups that diesel fuel injection can result in benzene and other toxic elements contaminating underground sources of water.   EPA has listed benzene as a known carcinogen.  The agreement also stipulates that technically feasible and cost-effective alternatives will be researched to provide an alternative fluid for the hydraulic fracturing process.

EPA Nominations

The White House announced on Jan. 7 that Stephen L. Johnson, former head of EPA’s Office of Prevention, Pesticides, and Toxic Substances, has been nominated to become the Agency’s next Deputy Administrator, the title he currently holds prefaced by “Acting”.  Mr. Johnson replaces Linda J. Fisher, who resigned from the position in June, 2003.  The White House also announced the nomination of Charles Johnson as Chief Financial Officer for the EPA, succeeding Linda Morrison Combs.  Both positions must be confirmed by the Senate. 

Several Resignations at EPA’s Enforcement Office Raises Concern

Sen. James Jeffords, Ranking Minority Member of the Senate Environment and Public Works Committee,  claimed on Jan. 7 that “there is an ongoing exodus" of top-level experts from the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance, representing a loss of faith in the direction and commitment in that Office.  

On Jan. 5, the Agency’s Enforcement Chief, John Peter Suarez, resigned - the most recent of several high-level departures in December.  Bruce Buckheit, who ran the Office's Air Enforcement Division, and Rich Biondi who served as Associate Director, also resigned over differences with the Bush Administration regarding enforcement of new Source Review provisions in the Clean Air Act.  Sylvia Lowrance retired in August, 2002 citing similar circumstances, and Eric Schaeffer departed in February, 2002 from his position as head of Civil Enforcement.

Senator Jeffords said he wanted to work with Administrator Mike Leavitt to find a new Enforcement Chief "who will restore a strong approach to environmental enforcement and mend the damaged morale" of the department.

Draft Blending Guidance Delayed for Further Comment

An extension has been announced for comments on EPA’s Draft Guidance on blending excess stormwater with treated wastewater, and are now due Feb. 9.  The Agency’ Draft Policy was released on Nov. 3, 2003 and identified six conditions when blending would be permitted – during wet weather events when the treatment system is stretched past storage capacity.  In such cases, in general, excess stormwater bypasses the secondary treatment system and is mixed with treated flows before being discharged.  However, the Clean Water Act requires all discharges to meet secondary treatment standards, even those covered under the Draft Guidance.

Lawsuit That Challenged Los Angeles River TMDL Wins in Court

The San Diego Superior Court has ruled that the Los Angeles Regional Water Quality Control Board and State Water Resources Control Board did not take economics into account when they established a zero-level Total Daily Maximum Load (TMDL) for trash in the Los Angeles River (Arcadia v. The State Water Resources Control Board) on Dec. 24.  

Twenty-two Los Angeles County cities joined together in a lawsuit challenging the standard, and the Court agreed that State and regional water quality control officials had failed to conduct a cost/benefit analysis, among other errors.  The Court did not agree with the plaintiffs, however, that the strict TMDL was "unachievable" or had been improperly applied to control this particular pollution problem.  Several of the cities comprise a group called The Coalition for Practical Regulation,  organized to challenge this TMDL, and had estimated that the implementation costs would have exceeded $600 million.

“Bringing Sound and Sensible Science to the Regulatory Process”

Several Democratic Members of Congress and groups ranging from government watchdog organizations, health advocates, and scientific and policy research organizations, are urging the Office of Management and Budget (OMB) to revise their Proposed Guidance outlining peer review procedures for Federal agencies that were issued in September.  They have described the guidance as “a new roadblock” in the way of the best scientific analysis, from an Administration that has “distorted scientific data, manipulated scientific advisory committees, gagged scientists, and provided misleading information” to both Congress and the public.   

While part of the Guidance allows for discretionary use of the peer review process so that Federal agencies could forgo the requirements under circumstances such as health emergencies, this discretion could also cause a delay in vital regulatory action if, for example, the FDA decides to withdraw a drug or medical therapy from the marketplace and the industry petitions for peer review.  

The Administrator of OMB's Office of Information and Regulatory Affairs, John Graham, has said that "OMB is pleased with the number, thoughtfulness, and diversity of the comments.  We are now working to make constructive revisions, as appropriate, based on the comments." 

Western States Newspaper Headlines

“Navajo Citizens Want More Say in Water Rights Deal”  January 8, 2004  The Albuquerque Journal  www.abqjournal.com

“Wildlife Chief George to head DNR”  January 9, 2004  The Denver Post  www.denverpost.com

News Found on the Web

Environmental Defense Praises New Study On Farmed Salmon Contaminants

PCB Contamination Joins Ecological Harm As Reasons Consumers Should Avoid Farmed Salmon

January 8, 2004.  Environmental Defense today praised a new study in the January 9 issue of the Journal of Science that found levels of PCB's and several other contaminants were much higher in the tissue of farmed -as opposed to wild- salmon.   The study analyzed contaminants in two metric tons of salmon and substantiates the conclusions of three previous, smaller studies which also found high levels of contaminants in farmed salmon.  For more information, go to:  http://www.environmentaldefense.org/pressrelease.cfm?ContentID=3480

Department of Transportation Should Lead Efforts to Monitor and Improve the Marine Transportation System

Washington, D.C. -- The U.S. Department of Transportation should take the lead in assessing and improving the performance of the nation's entire marine transportation system, says a new report from the National Academies' Transportation Research Board.  For more information, go to:  http://www4.nationalacademies.org/news.nsf/isbn/0309094526?OpenDocument

U.S. Fish and Wildlife Service Seeks Proposals for Funding Through Private Stewardship Grants Program

January 6, 2004.  The U.S. Department of the Interior's Fish and Wildlife Service announced today it is seeking proposals for private lands conservation funding through its Private Stewardship Grants Program.  About $7.1 million is available to support on-the-ground conservation efforts on private lands that benefit imperiled species including Federally- listed endangered or threatened species.   For more information, go to:  http://news.fws.gov/newsreleases

USDA to Hold 10 National Public Listening Sessions on the Conservation Security Program

Washington, D.C. January 9, 2004 – Agriculture Secretary Ann M. Veneman today announced that the U.S. Department of Agriculture Natural Resources Conservation Service will hold 10 listening sessions nationwide to gain feedback on a proposed rule to implement the Conservation Security Program (CSP).  For more information, go to:  http://www.usda.gov/Newsroom/0005.04.html

New Guidance on Supplemental Environment Projects Issued by Office of Enforcement and Compliance Assurance

January 8, 2004  To encourage violators to undertake projects that will benefit the environment and public health, EPA's Office of Enforcement and Compliance Assurance (OECA) has released new guidance on the Supplemental Environmental Projects (SEP) Policy.  A SEP is an environmentally beneficial project that a violator voluntarily agrees to perform as part of an enforcement settlement.  For more information, go to:  http://yosemite.epa.gov/opa/admpress.nsf

EPA Administrator Tells Power Companies to Invest in Clean Air

January 9, 2004  "It's time to start cleaning up." EPA Administrator Mike Leavitt, addressing a Board of Directors meeting of the Edison Electric Institute, told the nation's power company officials their industry must begin investing now to reduce emissions of sulfur dioxide (SO2), nitrogen oxides (NOx) and mercury from power plants.  For more information, go to:  http://yosemite.epa.gov/opa/admpress.nsf

Wastewater and Treatment Project for Mexicali, Baja California

The EPA is considering authorizing the award of a Border Environment Infrastructure Fund (BEIF) grant to the Comisión Estatal de Servicios Publicos de Mexicali (CESPM), the local utility, for the construction of a new wastewater treatment plant and purchase of emergency pumping equipment.  The Mexicali II service area includes a municipality of around 800,000 people, and wastewater generated there, approximately 14-16 million untreated gallons per day, continues to enter the New River and travels about 65 miles north through Calexico and the Imperial Valley, before emptying into the Salton Sea.  For more information, go to:  http://www.epa.gov/region09/border/mexicali/index.html

Corps Gives Final Approval to Columbia River Channel Improvement Project 

Washington, D.C. -- The U.S. Army Corps of Engineers today announced that Major General Carl A. Strock, Director of Civil Works, has signed the Record of Decision (ROD) for the Columbia River Channel Improvement Project.  Construction of the navigation improvements and associated ecosystem restoration features may now proceed after a cost-sharing agreement is signed.  For more information, go to:  http://www.hq.usace.army.mil/cepa/releases/columbia.htm

Corps of Engineers’ Chief will explain USACE 2012 in "Plain English"

[Editor's note - Many Corps of Engineers employees have expressed a need for a plain-English explanation of USACE 2012.  Here it is.  This article is condensed from remarks given by Lt. Gen. Robert Flowers, Chief of Engineers, during a town hall meeting at Headquarters on Dec. 10.]

“What's USACE 2012 all about?  Why are we doing it?  Those are my most frequently asked questions; so let me give you a quick history…”  For more information, go to:  http://www.hq.usace.army.mil/cepa/pubs/jan04/story1.htm

Water Supply Outlook for the Western U.S.   -Reservoir Storage Graphic-

Published jointly by the USDA Natural Resources Conservation Service and the US Department of Commerce, NOAA, National Weather Service (Colorado Basin River Forecast Center).  To view the chart, go to:  ftp://ftp.wcc.nrcs.usda.gov/support/water/westwide/reservoir/wy2004/resv0401.gif

Bills Introduced in the Senate: January 5-12, 2004

Bills Introduced in the House: January 5-12, 2004

Federal Register Notices:  January 5-12, 2004

DOD.  Department of the Army.  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.  Meeting date correction.  The public scoping meeting scheduled for January 14, 2004 has been rescheduled. The meeting will now be held on February 4, 2004 at the City Council Chambers in Yucaipa, CA.  FR  1/05/04  p.332

EPA.  Notice of Availability of Draft Aquatic Life Criteria Document for Nonylphenol and Request for Scientific Views.  This notice informs the public about the availability of a draft aquatic life criteria document for nonylphenol and requests scientific views. At this time the Agency is not making a final recommendation. Rather the Agency is requesting scientific views on the draft document.  All scientific information must be submitted to the Agency on or before April 5, 2004.  FR  1/05/04  p.340

EPA.  Notice of Availability of Final Aquatic Life Criteria Document for Tributyltin (TBT).  Notice of availability.  This notice informs the public of the availability of a final aquatic life criteria document for tributyltin (TBT).  At this time the Agency is making a final recommendation for TBT.  FR  1/05/04  p.342

INTERIOR.  Fish and Wildlife Service.  Fiscal Year 2004 Private Stewardship Grants Program; Request for Grant Proposals.  The U.S. Fish and Wildlife Service is soliciting project proposals for Federal assistance under the Private Stewardship Grants Program (PSGP) on a competitive basis to individuals and groups engaged in private, voluntary conservation efforts that benefit species listed or proposed as endangered or threatened under the Endangered Species Act, candidate species, or other at-risk species on private lands within the United States.  Project proposals must be received by the appropriate Regional Office no later than March 8, 2004.  FR  1/06/04  p.670

INTERIOR.  Bureau of Land Management.  Notice of Availability of the Lakeview Resource Management Plan/Final Environmental Impact Statement and Record of Decision.  The Bureau of Land Management) has issued an ROD for the Lakeview Proposed RMP/Final EIS.  This decision supercedes the High Desert, Warner Lakes, and Lost River Management Framework Plans.  Dates:  The appeal period will start on the date the notice of availability is published. These project level decisions will be implemented over time, as described in the ROD, as funding and staff are available.  FR  1/06/04  p.671

HOMELAND SECURITY.  Coast Guard.  Approval for Experimental Shipboard Installations of Ballast Water Treatment Systems.  Notice of withdrawal.  The Coast Guard is withdrawing its proposal to proceed with an interim rule establishing a program through which vessel owners can apply for approval of experimental ballast water treatment (BWT) system.  The project is withdrawn as of January 7, 2004.  FR  1/07/04  p.1078

EPA.  The Feasibility of Performing Cumulative Risk Assessments for Mixtures of Disinfection By-Products in Drinking Water.  Notice of availability.  This notice announces the availability of a final report titled, “The Feasibility of Performing Cumulative Risk Assessments for Mixtures of Disinfection By-Products in Drinking Water” which was prepared by EPA’s National Center for Environmental Assessment (NCEA) of the Office of Research and Development (ORD).  This document will be available on or about January 7, 2004.  FR  1/07/04  p.919

COMMERCE.  NOAA.  National Marine Fisheries Service.  Magnuson-Stevens Act Provisions; Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Groundfish Fishery Management Measures.  Emergency rule; groundfish fishery management measures for January through February 2004; request for comments.  Comments must be received no later than February 9, 2004.  FR  1/08/04  p.1322

EPA.  National Pollutant Discharge Elimination System (NPDES) Permit Requirements for Municipal Wastewater Treatment Discharges During Wet Weather Conditions.  Extension of comment period.  Written comments on this proposed policy must be received by EPA or postmarked by February 9, 2004.  FR  1/09/04  p.1558

AGRICULTURE.  Forest Service.  Pre-decisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized Under the Healthy Forests Restoration Act of 2003.  Interim final rule; request for comments.  This interim final rule is effective January 9, 2004. Comments on this interim final rule must be received in writing by April 8, 2004.  FR  1/09/04  p.1529

INTERIOR.  National Park Service.  Going-to-the-Sun Road Rehabilitation Plan/Final Environmental Impact Statement, Glacier National Park, a Unit of Waterton-Glacier International Peace Park, Montana.  Notice of availability of a record of decision on the final environmental impact statement for the Going-to-the-Sun Road Rehabilitation Plan, Glacier National Park.  Dated: September 23, 2003.  FR  1/09/04  p.1602