EPA has announced that two public hearings will be held for the proposed rule “Primary National Ambient Air Quality Standards for Nitrogen Dioxide.” The hearings will be held in Arlington, Virginia, on Monday, August 3, 2009 and in Los Angeles, California, on Thursday, August 6, 2009.
In the notice of proposed rulemaking, EPA proposes to make revisions to the primary nitrogen dioxide (NO2) national ambient air quality standard (NAAQS) in order to provide requisite protection of public health. Specifically, EPA proposes to supplement the current annual standard by establishing a new short-term NO2 standard based on the 3-year average of the 99th percentile (or 4th highest) of the annual distribution of 1-hour daily maximum concentrations. The EPA proposes to set the level of this new standard within the range of 80 to 100 parts per billion (ppb) and solicits comment on standard levels as low as 65 ppb and as high as 150 ppb. Also, EPA proposes to establish requirements for an NO2 monitoring network that will include monitors within 50 meters of major roadways. In addition, EPA is soliciting comments on an alternative approach to setting the standard and revising the monitoring network.
Consistent with the terms of a consent decree, the Administrator will sign a notice of final rulemaking by January 22, 2010.
EPA Receives Petition Requesting Prohibition of Manufacturing and Distributing Lead Wheel Balancing Weights
EPA has received a petition under section 21 of the Toxic Substances Control Act (TSCA), and requests comments on issues raised by the petition. The petition was received from the Ecology Center of Ann Arbor, Michigan and the Sierra Club et al., (petitioners) on May 29, 2009. The petition requests that EPA establish regulations prohibiting the manufacture, processing, and distribution in commerce of lead wheel balancing weights. EPA must either grant or deny the petition within 90 days of filing.
Twenty One Citygas Facilities Fined 1.4 Million for UST Violations
The proposed Consent Judgment will resolve claims under RCRA against 21 of Citygas Gasoline Corporation facilities (see the Federal Register notice for the identification of the 21 Citygas Defendants).
The United States alleges the Citygas Defendants violated the regulations governing underground storage tanks (“USTs”), set forth at 40 CFR Part 280, at the 21 automobile fueling stations with USTs that the defendants have owned and/or operated.
The Consent Judgment requires the Citygas Defendants to pay a civil penalty of $1,400,000. The Consent Judgment also provides for injunctive relief to be implemented over the next five years at the Citygas Defendants’ facilities, consisting of maintenance of ongoing compliance with the UST regulations, and submission of reports demonstrating such compliance.
The Department of Justice will receive comments concerning the Consent Judgment through August 12. See the Federal Register notice for information on how to submit a comment.
State Takes First Step in Protecting Children from Toxic Chemicals
The Maine Department of Environmental Protection (DEP) and the Maine Center for Disease Control and Prevention (CDC) announce the publication of Maine’s List of Chemicals of High Concern. Publishing the list of about 1700 chemicals is the first step toward implementing Maine’s new Toxic Chemicals in Children’s Products law.
The law aims to make children’s products safer and less toxic. Maine DEP and CDC have taken the first step, which is to identify and list chemicals known to governments as causing cancer and other health concerns.
“Increasing public awareness of toxic chemicals and their presence in children’s products will promote the use of safer chemicals in Maine and move us toward our long term goal of protecting the public and the environment,” said DEP Commissioner David Littell. “We also hope this list will prove helpful to businesses, including manufacturers, as they work to improve the chemical safety of their products.”
The CHC list was compiled from existing government lists which identified chemicals that are known to pose specific health threats including those that cause cancer. Some of the commonly recognized chemicals on the list include: lead, mercury, formaldehyde, and bisphenol A.
“Far too often we are forced to confront the risks and benefits of chemicals in products only after we discover they are present in children’s bodies at levels of possible concern,” said Dr. Dora Anne Mills, State Health Officer and Director of the Maine Center for Disease Control and Prevention. “We need to be assured that children’s products are safe from toxic chemicals when they are put on the market. The Maine CHC list is an important first step toward that critical goal.”
In the past, Maine and other states have targeted specific chemicals or products. The CHC listing takes a more holistic approach – it sets up a process to, prioritize, access chemical information, and replace some of the harmful chemicals in children’s products. The law gives the state the authority to phase out the use of dangerous chemicals in children’s products when safer alternatives are effective and available at a comparable cost.
Next year, the DEP and CDC will begin to look more closely at these chemicals, the extent of their use, the level of exposure to children, and documented presence in the human body or environment. The law required the DEP to move at least two “priority chemicals” forward for further scrutiny and possible regulatory action.
Maine is one of several states to implement news laws to reduce toxic chemicals in consumer products. Maine is the first state to publish a List of Chemicals of High Concern.
Control of Greenhouse Gas Emissions from Heavy-Duty Vehicles
EPA plans to set national emission standards under the Clean Air Act to control greenhouse gas (GHG) emissions from heavy duty trucks and buses. The agency is working on a rule that would significantly reduce GHG emissions from future heavy duty vehicles by setting GHG standards that would lead to the introduction of GHG-reducing vehicle and engine technologies. This action follows the U.S. Supreme Court decision in Massachusetts vs. EPA and would follow EPA’s formal determination on endangerment for GHG emissions.
Michigan Cement Kiln to Pay $159,600 for CAA Violations
In this action, the United States seeks to address violations of the Clean Air Act at a Portland cement manufacturing facility owned and operated by the Defendant, Holcim (U.S.) Inc., in Dundee, Michigan. The violations, which occurred numerous times over several years, involved emissions from the main stack for two kilns which exceeded 15% opacity and the baghouse inlet temperatures for each kiln exceeding its limitation. The proposed Decree requires payment of a civil penalty in the amount of $159,607.
During the course of settlement negotiations with the Department of Justice, the Defendant announced on November 11, 2008 that it must reduce production capacity in its cement operations in response to the extensive downturn in the demand for cement products and stated it would permanently close the Dundee facility. The Defendant permanently shut down its two kilns at the Dundee facility, one kiln on November 30, 2008 and the other kiln on March 14, 2009.
The proposed Decree resolves the Defendant’s violations by implementing injunctive relief which will ensure, if operating the kilns at the Dundee facility, the Defendant will not exceed the opacity limitation at the main stack and will not exceed the applicable baghouse inlet temperature for the kilns. Additionally, the Defendant has reporting, notification and approval requirements under the Decree to EPA and the Michigan Department of Environmental Quality (“MDEQ”), which includes seeking permission and receiving approval from EPA and MDEQ to re-start a permanently closed kiln.
The Department of Justice will receive comments relating to the proposed Decree for a period of 30 days from the date the notice was published in the Federal Register.
New York Finalizes Greenhouse Gas Policy
The policy provides guidance to help DEC staff consider greenhouse gas emissions and energy efficiency when conducting environmental reviews of new projects. Environmental reviews are conducted under the State Environmental Quality Review Act (SEQRA), which requires that a “lead agency” identify and assess actions for their potential adverse environmental impacts, and in certain cases, develop an environmental impact statement and propose mitigation strategies. Although the policy expressly applies where DEC is the lead agency, it will be helpful to any project proponent or other lead agency considering greenhouse gas impacts.
“This initiative builds on Governor Paterson’s commitment to continuing New York’s fight against climate change,” Commissioner Grannis said. “DEC anticipates that, more and more, the public will raise the issue of climate change in the SEQRA process, and this policy will ensure that climate change impacts are considered in a consistent and fair manner. It includes a menu of design measures that can mitigate greenhouse gas emissions, such as energy-efficient construction, use of renewable energy technology, and waste reduction. While helping guide DEC staff, the policy also will help raise awareness of all the actions that can be taken to reduce greenhouse gas emissions.”
In a separate but related effort, DEC has started the process of redesigning the environmental assessment form, a tool used in SEQRA reviews. The update of this form will include the addition of questions related to energy use and greenhouse gas emissions, among other issues.
EPA Proposing to Amend Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act
EPA is proposing amending the “Guidelines Establishing Test Procedures for the Analysis of Pollutants” at 40 CFR Part 136 to approve test procedures (analytical methods) for use by testing laboratories for water monitoring. These test procedures are used to implement the National Pollutant Discharge Elimination System program unless an alternate procedure is approved by an EPA Regional Administrator. The proposed regulation would also revise, clarify, and correct errors and ambiguities in existing methods and the water monitoring regulations.
EPA Takes First Step In Closing Mining Cleanup Loophole
The EPA chose to start with the mining industry because of the long history of environmental damage caused by mining, which has resulted in Superfund “mega-sites” that pollute vast areas of the western U.S. and has cost taxpayers billions to clean up.
Attorneys Lisa Evans and Jan Hasselman with the public interest law firm Earthjustice represented the Sierra Club and environmental groups in New Mexico, Nevada, and Idaho.
“Without financial assurance regulations, mine operators have walked away from sites contaminated with cyanide, lead, arsenic, mercury and other toxins,” Hasselman said. “EPA has taken an important first step towards correcting this longstanding environmental problem while saving taxpayers billions of dollars at the same time.”
The news comes as pollution generated by the mining industry comes under increased scrutiny following a June 22 Supreme Court decision over pollution from a gold mine in Alaska as well as with Department of Interior Secretary, Ken Salazar, and others testifying before a Senate committee on efforts to reform the nation’s 1872 mining law.
“This development comes at a crucial time for communities impacted by Nevada’s mining industry,” said John Hadder, executive director of Great Basin Resource Watch. “The gold mine bankruptcies from the 1990s left our state riddled with contaminated sites. We hope to soon benefit from the stronger protections brought by closing this loophole.”
EPA ranks the mining industry as the nation’s top toxic polluter, reporting more toxic releases annually than any other industry. The industry generates more than 2 billion pounds of toxic waste each year and has polluted more than 40 percent of western watershed headwaters. The recent notice documents both the incredible toxic legacy from mining as well as the costs to the taxpayers from mining companies that go bankrupt and leave the public paying the clean up costs.
“We hope that polluters take notice of this move by EPA,” said Kathy Andria, Waste & Recycling chair of the Illinois chapter of Sierra Club. “We want to make sure companies have the cash to pay for any problems that could arise in the future. More importantly, we hope that money will serve as an incentive for them to act responsibly and keep surrounding communities and water resources safe.”
Perhaps the most far-reaching example of irresponsible mining operations is Asarco, which declared bankruptcy in 2005. The century-old mining and smelting company left behind 94 Superfund sites in 21 states, with a total cleanup cost estimated at more than $1 billion, far more than the $62 million trust the company set aside for cleanup.
In Idaho, Asarco is among mining companies responsible for contamination spread across the 1,500-square-mile Coeur d’Alene River basin. Cleanup work is likely to last for generations. EPA has estimated the cost of the first 30 years at $359 million.
The Idaho Conservation League is also watching prospective cleanup costs mount from 17 contaminated sites caused by phosphate mining.
“We’re heartened by EPA’s acknowledgement of the responsibility that mining companies have and hope that it will eventually help relieve taxpayers of a financial burden and keep our rivers and streams clean,” said Justin Hayes, Program Director of the Idaho Conservation League.
This action of identifying the industries that will be subject to regulation is only the first step in closing the bankruptcy loophole. In the Sierra Club’s lawsuit, the court held off from setting a deadline for the issuance of the regulations themselves, and the Obama administration is maintaining its position that the court has no authority to set one. The case is likely to return to the court for additional resolution.
NAACP Joins the Fight for Clean Energy
The ranks of clean energy advocates now includes the NAACP, signaling that Americans from all walks of life support taking action to combat global warming and recharge America’s economy. At its July 14, Centennial Convention in New York, the NAACP approved a historic resolution addressing climate change for the first time in the organization’s history.
During the legislative session of the NAACP Centennial Convention, delegates ratified a climate change resolution “to work with the National Wildlife Federation” to support legislation that curbs global warming pollution. Calling on our nation’s elected leaders, the NAACP resolution pledges to “ensure that the response to climate change can take a higher ground than business as usual—one that ensures that we capture the real public benefits from the new energy economy.”
“At its Centennial Convention, the NAACP has opened a new front in the fight for clean energy,” said Jerome Ringo, past chairman of the National Wildlife Federation Board of Directors and president of the Apollo Alliance. “When the United States negotiates an international treaty in Copenhagen this year, Americans must be united in our commitment to curb global warming pollution. NAACP is signaling that unity will include the African American grassroots.”
“This is a breakthrough moment on the path to our clean energy future,” said John Grant, National Wildlife Federation Board of Directors and CEO of 100 Black Men of Atlanta. “Clean energy is the key that will unlock millions of jobs, and the NAACP’s support is vital to ensuring that those jobs help to rebuild urban areas.”
“Although everyone feels its effects, the impacts of global warming are disproportionately severe among communities of color,” said Marc Littlejohn, manager of Diversity Partnerships, National Wildlife Federation. “We need to protect low-income Americans, who spend a much larger share of income on energy-related expenses. We need to help Americans working in carbon-intensive industries transition to clean energy jobs.”
Passage of the American Clean Energy & Security Act in the U.S. House has provided a major opportunity to move legislation to the President’s desk this year. The White House and Congressional leaders are committed to making clean energy a priority. Now, we need to keep the clean energy bill moving in the Senate—and make it even stronger. Clean energy will allow us to begin cutting the pollution that is already affecting our communities and natural world, reinvest in our economy, and help families and workers.
National Wildlife Federation is America’s conservation organization inspiring Americans to protect wildlife for our children’s future.
The NAACP gives credit to Jerome Ringo, John Grant, and Marc Littlejohn for making this project possible.
Eco-Jeopardy wins Emmy Award
Eco-Jeopardy, an environmental education video produced by the S.C. Department of Health and Environmental Control (DHEC) and Fisher Communications of Columbia, received an Emmy for Outstanding Achievement in Television News and Program Specialty in the Children/Youth (12 and under) category at the 35th annual Southeast Regional Emmy Awards, DHEC has reported.
Jeopardy! was the inspiration for this show, said Richard Chesley of DHEC’s Bureau of Land and Waste Management. Jeopardy! is one of the most popular and successful quiz game shows in television history. Eco-Jeopardy featured three student contestants who were given an environmental answer and competed to be the first to come up with the appropriate question.
The half-hour program, which targets fourth- to eighth-grade students, covers a wide variety of environmental topics such as recycling and energy conservation as well as air and water quality in 12 categories, Chesley said.
The video was broadcast statewide on S.C. Educational Television (ETV) in 2008 and 2009 as part of DHEC’s Earth Day outreach to schools. It is available from DHEC on DVD.
Chesley said DHEC’s Office of Solid Waste Reduction and Recycling, with support from the agency’s air and water bureaus, developed the questions and answers.
Chesley said Eco-Jeopardy is the fourth Emmy that DHEC has won for its environmental education videos. Previous winners included “Earth Today” in 2004, “DHEC 1: Behind the Oil Change” in 2005, and “Energy Tonight” in 2006. Each of these programs is also available from DHEC on DVD.
MIT Tracks Trash
What if we knew exactly where our trash was going and how much energy it took to make it disappear? Would it make us think twice about buying bottled water or “disposable” razors?
A team of MIT researchers have announced a major project called Trash Track, which aims to get people thinking about what they throw away. Trash Track relies on the development of special electronic tags that will track different types of waste on their journey through the disposal systems of New York and Seattle. The project will monitor the patterns and costs of urban disposal and create awareness of the impact of trash on our environment—revealing the last journey of our everyday objects.
“Trash is one of today’s most pressing issues—both directly and as a reflection of our attitudes and behaviors,” says Professor Carlo Ratti, head of the MIT SENSEable City lab. “Our project aims to reveal the disposal process of our everyday objects, as well as to highlight potential inefficiencies in today’s recycling and sanitation systems. The project could be considered the urban equivalent of nuclear medicine—when a tracer is injected and followed through the human body.
“The study of what we could call the ‘removal chain’ is becoming as important as that of the supply chain,” the lab’s associate director, Assaf Biderman, explains. “Trash Track aims to make the removal chain more transparent. We hope that the project will promote behavioral change and encourage people to make more sustainable decisions about what they consume and how it affects the world around them.”
Trash Track will enlist volunteers in two target cities—New York and Seattle—who will allow pieces of their trash to be electronically tagged with special wireless location markers, or “trash tags.” Thousands of these markers, attached to a waste sample representative of the city’s overall consumption, will calculate their location through triangulation and report it to a central server, where the data will be analyzed and processed in real time. The public will be able to view the migration patterns of the trash online, as well as in an exhibit at the Architectural League in New York City and in the Seattle Public Library, starting in September 2009.
Trash Track was initially inspired by the Green NYC Initiative, the goal of which is to increase the rate of waste recycling in New York to almost 100 percent by 2030. Currently, only about 30 percent of the city’s waste is diverted from landfills for recycling. “We hope that Trash Track will also point the way to a possible urban future: that of a system where, thanks to the pervasive usage of smart tags, 100 percent recycling could become a reality,” says project leader, Musstanser Tinauli.
“Carlo Ratti and his team have come up with a visionary project to help people take ownership of their pollution,” says Roger Highfield, editor of New Scientist magazine, which will be helping to deploy a third batch of tags in London, U.K. “It’s all too easy to throw something in the garbage and wash your hands of it if you don’t know what effect you are directly having on the environment.”
With this project, the MIT SENSEable City Laboratory seeks to couple high-tech, rapidly evolving technology with an everyday human activity: trash disposal. Trash Track builds on some of the lab’s previous projects—including Real Time Rome and the New York Talk Exchange—gathering, assessing and analyzing real-time data to improve urban functionality.
EPA Fugitive Arrested in Mexico
Robert Wainwright, a fugitive wanted in Indiana for allegedly polluting wetlands, was arrested July 14 in Mexico by U.S. Marshals and ATF Agents working with Mexican police. Wainwright, who was convicted of federal firearms violations is being extradited back to the United States and will arrive in Indianapolis on Saturday, July 18.
His arrest resulted from two anonymous tips from people who saw Wainwright on the website, contacted EPA’s tip line and EPA’s Criminal Investigation Division Chicago area office. EPA then contacted federal law enforcement officials in Mexico, who worked with the Mexican police to make the arrest.
Wainwright was manager of Sterling Material Services in Lake County, Indiana. The company, which separated metal from slag and brick waste from steel mills, allegedly disposed of waste in an adjacent wetland without a permit. The Northern Indiana Environmental Crimes Task Force, Criminal Investigation Division, and ATF agents conducted a search warrant at the site and a follow-on consent-search at Wainwright’s residence, where they discovered firearms and ammunition. Since Wainwright had a prior felony conviction, his possession of the munitions was illegal.
On August 1, 2007, Wainwright was indicted on a felony firearms charge. He was convicted by a federal jury in the Northern District of Indiana. He also was charged by the Superior Court of Lake County for discharging a pollutant into the waters of Indiana.
While awaiting sentencing on the federal munitions charges, he fled to Mexico. He faces sentencing on those charges, as well as trial for the alleged environmental violation, after he is returned to Indiana.
Increased Number of Single Family Homes Earn Energy Star Label
EPA recently announced that nearly 17 percent of all single-family homes built in 2008 earned EPA’s Energy Star label—up from 12 percent in 2007. It seems that builders and buyers are continuing to invest in high performing homes that save on consumer utility bills and help protect the environment. Features such as properly installed insulation, high-performance windows and high efficiency heating and cooling can reduce home energy needs by 20 to 30 percent, and save American families thousands of dollars on their utility bills while reducing greenhouse gas emissions.
Turn In an Illegal Burn Barrel, Get a Free Compost Bin
Stevens County, Washington residents swapped burn barrels for free compost bins on Saturday, July 18, in the Suncrest area of Stevens County.
The trade-in project involved the Air Quality Program of the Washington Department of Ecology (Ecology), the Washington Department of Natural Resources (DNR), Stevens County Solid Waste Department, and Stevens County Fire District 1.
It’s illegal to use burn barrels in Washington. By composting yard debris instead of burning, you can produce useful materials for your garden and lawn, reduce harmful air pollution caused by illegal burning, and avoid sparking wildfires.
Smoke from outdoor burning pollutes the air, causing serious health problems. Much like cigarette smoke, the smoke from burning leaves, grass, brush, and tree needles can cause asthma, emphysema, bronchitis, and lung cancer. Children, the elderly, and those with breathing problems are most harmed by poor air quality.
Backyard fires that get out of control set off most of the wildfires caused by people. You can be held responsible for the cost of putting out your out-of-control fire, which can be very expensive.
Stevens County residents turned in 68 burn barrels during a similar event on June 13.
Serial Polluter Sued in New York
New York Attorney General, Andrew M. Cuomo, announced that he is suing the owner and operator of a waste dump in the Town of Dover for causing the destruction of a protected wetland and other serious damages to natural resources. The owner of the dump, Salvatore Cascino, has faced repeated action from law enforcement for damaging New York’s environment.
The suit charges that Cascino and a company he owns and operates, Ten Mile River, LLC, began dumping construction debris on the 18-acre property in 2003 without obtaining the required State license. The debris came from a solid waste processing plant in the Bronx that Cascino owns. The suit also charges that Cascino filled large sections of a State-protected wetland and adjacent areas on the site with the debris, engaged in construction activities at the site that discharged pollution into a State-protected trout stream and its tributary, and disturbed the banks of both water bodies—all without obtaining required approval by the State.
“The blatant destruction of New York’s natural resources will not be tolerated,” said Attorney General Cuomo. “The operation of this illegal waste dump not only broke numerous state laws, but devastated a valuable wetland and polluted a protected trout stream. This individual has a history of flouting New York’s environmental protection laws, and my office will hold him fully accountable for his illegal activities.”
Attorney General Cuomo’s lawsuit seeks to prohibit Cascino from engaging in any further unlicensed activities at the site, including dumping waste, filling the wetland, or damaging Ten Mile River and its tributary. Additionally, the Attorney General is seeking to require Cascino to remove all illegally dumped waste, fully restore all wetland and other areas damaged by the dumping, and pay substantial civil penalties for violation of State environmental laws.
Cascino faces penalties of up to $3,000 for each wetland violation, $5,000 for each stream disturbance violation, $37,500 for each day of illegal pollution discharges, and $7,500 for each violation of solid waste law, with an additional $1,500 for each day that the violation continued.
Food Waste Turned into Energy
With help from an EPA grant, the East Bay Municipal Utility District (EBMUD) is pioneering a method of generating renewable energy using food scraps. EBMUD takes food waste from San Francisco and Contra Costa County restaurants and commercial food processors and uses them to produce green renewable energy through anaerobic digestion. The innovative approach decreases food waste sent to landfills and reduces greenhouse gas emissions.
In light of San Francisco’s recently signed mandatory composting law—the first in the nation—residents and businesses will begin increasing their composting efforts or finding new and unique ways to divert food scraps from being sent to the landfill. EBMUD’s anaerobic digester, in operation since 2004, is leading the way, and currently processes 90 tons per week of post-consumer food waste from restaurants and food processing facilities. The facility plans on increasing the amount of food waste processed to its maximum capacity of 200 tons per day. The process begins when food waste is separated for disposal and pick up. At the EBMUD’s main wastewater treatment plant, waste is broken down in large containers called anaerobic digesters. The bacteria inside the digester decompose the food. The digester captures the biogas, and the methane from the biogas powers the treatment plant. Material remaining after the digestion process can be composted and used as a natural fertilizer to help grow food.
Quick facts:
- In the U.S., more than 30 million tons of food waste is sent to landfills annually.
- Food waste is the second largest category of municipal solid waste in the U.S., accounting for 18 percent of the waste stream.
- In the U.S., less than three percent of food waste is diverted from landfills.
- If 50 percent of food waste in the U.S. was anaerobically digested, enough electricity would be generated to power approximately 2.5 million homes for a year.
- Landfills are the second largest source of human-caused methane in the U.S., and food waste contributes significantly to landfill methane production.
$10,000 Fine for Illegal Asbestos Disposal
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $10,000 penalty to New England Lumber Specialties, Inc. (NELS) for violations of the Commonwealth’s solid waste management regulations at its Day Street manufacturing facility in West Springfield.
MassDEP received a complaint in May 2008 alleging improper disposal activities had occurred at the property in 2005. The complaint alleged that asbestos panels had been buried behind the building, and that the area had subsequently been paved over. Excavation of the area revealed large amounts of panels containing asbestos.
NELS completed excavation and proper disposal of the materials in December 2008. The company will also pay a $10,000 penalty for the violations.
“MassDEP’s regulations are very prescriptive regarding the proper handling and disposal of asbestos-containing wastes,” said Michael Gorski, director of the MassDEP’s Western Regional Office in Springfield.
Property owners or contractors with questions about asbestos-containing materials, notification requirements, proper removal, handling, packaging, storage and disposal procedures, or the asbestos regulations are encouraged to contact the appropriate MassDEP regional office for assistance.
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Trivia Question of the Week
The Corps of Engineers regulations implementing Section 404 of the Clean Water Act define “waters of the United States” to include:
a. mudflats
b. sloughs
c. prairie potholes
d. all of the above