Wednesday, February 22, 2012
Water Policy Report - 01/30/2012

Facing Low Gas Prices, EPA Eyes New Data To Justify Coalbed Effluent Limit

EPA is weighing how to gather additional economic and production data from the coalbed methane (CBM) drilling sector after industry officials recently warned that low natural gas prices may make it difficult for the agency to show that its planned effluent limitation guideline (ELG) for the sector is "economically achievable," as the Clean Water Act (CWA) requires, industry sources say.1480 words
 

Energy Sector Urges Obama To Increase Coordination Of Fracking Oversight

The oil and gas industry is calling on President Obama for a more coordinated approach to federal oversight of hydraulic fracturing, warning that having EPA and seven other agencies considering regulations for the sector is chilling new investment and production.807 words
 

EPA Lists Top Fracking Concerns But Fears Data Limits May Slow Policy

A top adviser to EPA Administrator Lisa Jackson is ranking the agency's core environmental concerns related to hydraulic fracturing, with strains on water supply as a top issue.675 words
 

EPA Push To Strengthen New York Fracking Rules May Signal Agency Plans

EPA is urging New York to tighten limits for radioactive constituents in wastewater generated from hydraulic fracturing operations in the state's pending draft rules for natural gas development, a move that environmentalists hope indicates how the agency will address the issue in its own pending pretreatment standards for the shale gas industry.1237 words
 

EPA Defends Draft Water Criteria For Beaches From Waxman's Criticisms

EPA is defending its recently released draft water quality criteria for protecting against human health risks associated with bacterial contamination at beaches from criticisms leveled by Rep. Henry Waxman (D-CA) and environmentalists who charged the agency had failed to use recent epidemiological data that they say suggests the need for stricter limits than what the agency proposed.1517 words
 

POTWs Raise Fears Over EPA's Integrated Permit Plans Ahead Of Hearings

As EPA prepares to hold a series of public meetings on its plan to integrate municipalities' wastewater and stormwater requirements, wastewater treatment industry officials say a number of issues are likely to emerge as flashpoints as the framework gets more specific, including the role of asset management, the use of green infrastructure to attain numeric pollution reductions and how flexible the agency will be with permittees.1429 words
 

Mayors Eye Legislative Fix If EPA Water Permit Plan Lacks Economic Focus

The U.S. Conference of Mayors (USCM) is considering asking Congress to amend the Clean Water Act (CWA) and Safe Drinking Water Act to allow additional compliance flexibility for municipalities in the event that EPA's forthcoming integrated planning and permitting policy (IP3) does not result in tangible economic relief.1074 words
 

EPA Urges Court To Dismiss Renewed Challenge To Wet Weather Policy

EPA is asking a federal court to dismiss a renewed legal challenge to the agency's wet weather policy by the Iowa League of Cities, claiming that the court has no jurisdiction to review EPA correspondence that the league claims represents a de facto rulemaking in violation of federal law.1085 words
 

Amid GOP Concern, EPA Seeks More Time For Controversial Water Pact

EPA and the Conservation Law Foundation (CLF) say they have reached an agreement in principle to settle a controversial set of lawsuits -- a settlement that critics fear could set a precedent expanding the Clean Water Act's (CWA) jurisdiction over groundwater and nonpoint sources of pollution -- though the litigants are asking a federal court to give them more time to complete the deal.1465 words
 

High Court Seeks Solicitor General's Views On Stormwater Pollution Case

The Supreme Court is asking the solicitor general to weigh in on a controversial appeals court decision that municipalities say sets a dangerous precedent making them liable for nonpoint source pollution that flows through their stormwater systems.422 words
 

Virginia Eyes Novel Constitutional Challenge Over Chesapeake Bay TMDL

Virginia lawmakers are considering asking the state's attorney general to investigate a constitutional challenge to EPA's controversial multi-state pollution control plans for the Chesapeake Bay on the basis that it represents an infringement of state rights -- a suit that could undermine EPA's ability to develop similar multi-state plans elsewhere.652 words
 

Construction Industry Seeks To Stall Final EPA Stormwater General Permit

Construction industry officials are urging EPA to delay finalizing its construction general permit (CGP) for stormwater discharges just weeks before it is slated to take effect, arguing that litigation over the agency's effluent discharge limits on which the permit relies has not yet been resolved and warning they could sue again if EPA moves forward with the CGP.675 words
 

Eying Jurisdiction, Court Stays Novel Suit Over 401 Permit Certification Rule

A federal judge has granted EPA's request to stay litigation over a novel suit filed by environmentalists that seeks to to overturn a long-standing rule that generally prevents federal courts from amending state water quality certifications of Clean Water Act (CWA) permits while the judge decides whether a district or an appellate court has jurisdiction over the suit.1110 words
 

Activists Back EPA Powers But Signal Challenges To CAFO Reporting Rule

Environmentalists are defending EPA's authority to issue a Clean Water Act (CWA) rule requiring all concentrated animal feeding operations (CAFOs) to report key data to the agency in the face of industry claims that it violates an appellate ruling barring oversight of those CAFOs that do not discharge.1465 words
 

EPA Floats Changes To Cooling Water Intake Rule With White House

EPA is preparing to float revisions to its controversial proposed rule governing fish kill mitigation requirements for power plants' cooling water intake structures -- a plan that many utilities fear could be among the most costly of the agencies' utility rules but that officials say they may make more flexible than the version they proposed last Spring.614 words
 

EPA Sends NPDES E-Reporting Plan To White House For Final Approval

EPA has sent to the White House Office of Management & Budget (OMB) a long-awaited proposed rule requiring National Pollutant Discharge Elimination System (NPDES) permit holders to file their discharge reports electronically, a measure that EPA says could save time and resources but that some states say may place an undue burden on regulators and industry fears could ease citizen suits and other enforcement actions.504 words
 

Court Slated To Hear Argument Over Citizens' Right To Enforce 404 Permits

A key appellate court is preparing for oral argument in a case that could test whether the Clean Water Act (CWA) provides citizens the right to enforce the terms of dredge-and-fill permits issued by the Army Corps of Engineers under section 404 of the water law against regulated entities.958 words
 

Appellate Court Dismisses Mitigation Bank Takings Case Against Corps

A federal appellate court has affirmed a lower court ruling to dismiss a Fifth Amendment takings claim brought against the U.S. Corps of Engineers by a company hoping to establish a wetlands mitigation bank, saying the establishment of a wetlands bank does not constitute a "cognizable property interest" under the Fifth Amendment.847 words
 

As Concerns Grow, EPA Seeks Data On Cancer Drugs In Groundwater

EPA and other agencies are stepping up efforts to monitor and possibly regulate contamination of groundwater supplies of drinking water by the highly-toxic pharmaceuticals used in chemotherapy treatment, which can remain harmful even after passing through wastewater treatment plants.1118 words
 

EPA Checks For Impacts Of Error In Drinking Water Cleanup Standard

EPA is investigating whether an error published in the latest edition of its drinking water standards document has led to any mistakes at hazardous waste cleanup sites or drinking water facilities that would have to be corrected retroactively, an agency source says.764 words
 

EPA, USDA Enter Into First-Time 'Safe Harbor' Runoff MOU With Minnesota

EPA and the U.S. Department of Agriculture (USDA) have signed a memorandum of understanding (MOU) with the state of Minnesota to develop a "safe harbor" program to reduce nonpoint nutrient pollution from farms in exchange for certified compliance with state water quality standards, marking the first of what may be many such agreements.1211 words
 

New Jersey Delays 'Comprehensive' Sewer Plan Over EPA Objection

New Jersey Gov. Chris Christie (R) signed Jan. 17 a law delaying implementation of the state's controversial 2008 water quality management planning rules despite objections from EPA that the move will damage water quality in the area, and may violate the Clean Water Act (CWA) -- a stance that could signal increased pressure on states examining similar rules to act more quickly.929 words
 

EPA Rejects Call For Early Use Of Harmonized Pesticide Assessment Method

EPA is rejecting calls from water utilities to consider early use of its pending methodology for harmonizing the way that its water and pesticides offices screen pesticide risks to aquatic life for use in registration decisions, prompting concerns that utilities will bear the burden of new water quality requirements rather than pesticide manufacturers.1057 words
 

Activists Ramp Up Push Urging EPA To Quickly Release Dioxin Assessment

Environmentalists and the Teamsters, a key labor union, are strongly urging EPA and top White House officials to release the long-awaited risk assessment of the ubiquitous environmental contaminant dioxin this month, as Administrator Lisa Jackson has promised, according to a flurry of letters sent to the agency over the past week.1386 words
 

EPA, NAS Weigh Options For Congressionally Mandated IRIS Reviews

EPA staff and members of the National Academy of Sciences (NAS) board that will undertake the congressionally mandated reviews of three of up to EPA's chemical risk assessments are discussing which pending assessments to look at and whether one of the NAS reports could discuss a broader, scientific investigation of the Integrated Risk Information System (IRIS) program's operations.1148 words
 

EPA To 'Minimize' New Employee Hiring In Response To FY12 Budget Cuts

EPA is looking to "minimize" new employee hiring and internal staff transfers in response to cuts in the agency's fiscal year 2012 budget, according to an internal agency memo obtained by Inside EPA, just weeks ahead of President Obama's FY13 budget blueprint that sources predict could further reduce the agency's funding levels.1297 words
 

States Urge EPA To Fight Future Grant Cuts By Defending Unspent Funds

States are urging EPA to help ward off expected efforts by Congress to cut the agency's grants account by providing the "full picture" of why some grants remain unspent several years after EPA awards them, saying there are many factors behind the delays in using the grant funds long after they are awarded.822 words
 

Industry Seeks Water Infrastructure Boost Under Obama Construction Push

Following President Obama's call in his State of the Union address to fund improvements to the nation's infrastructure, private water utilities are urging the president to boost water infrastructure funding by supporting a bill that would lift the federal cap on private activity bonds (PABs), which allow local governments to fund private projects with publicly-backed bonds.552 words
 

Court Avoids Ruling On Novel Suit Challenging Numeric Nutrient Limits

A federal appellate court has sidestepped ruling on potentially precedent-setting litigation challenging EPA's emerging efforts to set numeric permit limits for nutrient pollution in states which only have narrative water quality criteria.1021 words
 

Judge Calls For EPA, Florida To Boost Everglades Protection Efforts

A federal judge has called on EPA and the state of Florida to redouble their funding and planning efforts to get the Florida Everglades to meet water quality standards for nutrients, an issue that has been lingering in federal courts for more than 20 years.602 words
 


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