New Rule Clarifies What is Subject to the Clean Water Act

The rule ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and industry. The rule is grounded in law and the latest science, and is shaped by public input. The rule does not create any new permitting requirements for agriculture and maintains all previous exemptions and exclusions.

“For the water in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too,” said EPA Administrator Gina McCarthy. “Protecting our water sources is a critical component of adapting to climate change impacts like drought, sea level rise, stronger storms, and warmer temperatures—which is why EPA and the Army have finalized the Clean Water Rule to protect these important waters, so we can strengthen our economy and provide certainty to American businesses.”

“Today’s rule marks the beginning of a new era in the history of the Clean Water Act,” said Assistant Secretary for the Army (Civil Works) Jo-Ellen Darcy. “This is a generational rule and completes another chapter in history of the Clean Water Act. This rule responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations. The result will be better public service nationwide.”

People need clean water for their health: About 117 million Americans—one in three people—get drinking water from streams that lacked clear protection before the Clean Water Rule. We depend on clean water, and healthy ecosystems to provide wildlife habitat and places to fish, paddle, surf, and swim. Clean and reliable water is an economic driver, including for manufacturing, farming, tourism, recreation, and energy production. The health of our rivers, lakes, bays, and coastal waters are impacted by the streams and wetlands where they begin.

Protection for many of the nation’s streams and wetlands has been confusing, complex, and time-consuming as the result of Supreme Court decisions in 2001 and 2006. EPA and the Army are taking this action to provide clarity on protections under the Clean Water Act after receiving requests for over a decade from members of Congress, state and local officials, industry, agriculture, environmental groups, scientists, and the public for a rulemaking.

In developing the rule, the agencies held more than 400 meetings with stakeholders across the country, reviewed over one million public comments, and listened carefully to perspectives from all sides. EPA and the Army also utilized the latest science, including a report summarizing more than 1,200 peer-reviewed, published scientific studies, which showed that small streams and wetlands play an integral role in the health of larger downstream water bodies.

Climate change makes protection of water resources even more essential. Streams and wetlands provide many benefits to communities by trapping floodwaters, recharging groundwater supplies, filtering pollution, and providing habitat for fish and wildlife. Impacts from climate change like drought, sea level rise, stronger storms, and warmer temperatures threaten the quantity and quality of America’s water. Protecting streams and wetlands will improve our nation’s resilience to climate change.

The Clean Water Rule:

• Clearly defines and protects tributaries that impact the health of downstream waters. The Clean Water Act protects navigable waterways and their tributaries. The rule says that a tributary must show physical features of flowing water—a bed, bank, and ordinary high water mark—to warrant protection. The rule provides protection for headwaters that have these features and science shows can have a significant connection to downstream waters.
• Provides certainty in how far safeguards extend to nearby waters. The rule protects waters that are next to rivers and lakes and their tributaries because science shows that they impact downstream waters. The rule sets boundaries on covering nearby waters for the first time that are physical and measurable.
• Protects the nation’s regional water treasures. Science shows that specific water features can function like a system and impact the health of downstream waters. The rule protects prairie potholes, Carolina and Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands when they impact downstream waters.
• Focuses on streams, not ditches. The rule limits protection to ditches that are constructed out of streams or function like streams and can carry pollution downstream. So ditches that are not constructed in streams and that flow only when it rains are not covered.
• Maintains the status of waters within Municipal Separate Storm Sewer Systems. The rule does not change how those waters are treated and encourages the use of green infrastructure.
• Reduces the use of case-specific analysis of waters. Previously, almost any water could be put through a lengthy case-specific analysis, even if it would not be subject to the Clean Water Act. The rule significantly limits the use of case-specific analysis by creating clarity and certainty on protected waters and limiting the number of similarly situated water features.

A Clean Water Act permit is only needed if a water is going to be polluted or destroyed. The Clean Water Rule only protects the types of waters that have historically been covered under the Clean Water Act. It does not regulate most ditches and does not regulate groundwater, shallow subsurface flows, or tile drains. It does not make changes to current policies on irrigation or water transfers or apply to erosion in a field. The Clean Water Rule addresses the pollution and destruction of waterways—not land use or private property rights.

The rule protects clean water necessary for farming, ranching, and forestry and provides greater clarity and certainty to farmers about coverage of the Clean Water Act. Farms across America depend on clean and reliable water for livestock, crops, and irrigation. The final rule specifically recognizes the vital role that US agriculture serves in providing food, fuel, and fiber at home and around the world. The rule does not create any new permitting requirements for America’s farmers. Activities like planting, harvesting, and moving livestock have long been exempt from Clean Water Act regulation, and the Clean Water Rule preserves those exemptions.

The Clean Water Rule will be effective 60 days after publication in the Federal Register. 

Learn DOT’s New Rules for Lithium Battery Shipments

• Enhance packaging and hazard communication requirements for lithium batteries transported by air
• Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
• Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
• Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
• Revise the exceptions for small cells and batteries in air transportation
• Revise the requirements for the transport of lithium batteries for disposal or recycling
• Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
• Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

Chattanooga RCRA and DOT Training

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EPA Proposes Increases in Renewable Fuel Levels

 The proposal would boost renewable fuel production and provide for ambitious yet responsible growth over multiple years, supporting future expansion of the biofuels industry.

“This proposal marks an important step forward in making sure the Renewable Fuel Standard program delivers on the Congressional intent to increase biofuel use, lower greenhouse gas (GHG) emissions and improve energy security,” said Janet McCabe, the acting assistant administrator for EPA’s Office of Air. “We believe these proposed volume requirements will provide a strong incentive for continued investment and growth in biofuels.”

After extensive outreach and dialogue with the agricultural community, biofuel producers and the oil and gas industry, EPA is proposing to establish 2014 standards at levels that reflect the actual amount of domestic biofuel use in that year, and standards for 2015 and 2016 (and 2017 for biodiesel) that increase steadily over time.

Proposed Renewable Fuels Volumes

Note: Units for all volumes are ethanol-equivalent, except for biomass-based diesel volumes which are expressed as physical gallons.

The proposed volumes represent substantial growth over historic levels. For example:

• The proposed 2016 standard for cellulosic biofuel—those fuels with the lowest GHG emissions profile—is more than 170 million gallons higher than the actual 2014 volumes. That’s six times higher than actual 2014 volumes.
• The proposed 2016 standard for total renewable fuel is nearly 1.5 billion gallons more, or about 9% higher, than the actual 2014 volumes.
• The proposed 2016 standard for advanced biofuel is more than 700 million gallons—27%—higher than the actual 2014 volumes.
• Biodiesel standards grow steadily over the next several years, increasing every year to reach 1.9 billion gallons by 2017. That’s 17% higher than the actual 2014 volumes.

EPA is proposing to use the tools provided by Congress to adjust the standards below the statutory targets, but the steadily increasing volumes in the proposal indicate that biofuels remain an important part of the nation’s overall strategy to enhance energy security and address climate change.

By displacing fossil fuels, biofuels help reduce GHG emissions and help strengthen energy security.

EPA will hold a public hearing on this proposal on June 25, 2015, in Kansas City, Kansas. The period for public input and comment will be open until July 27. EPA will finalize the volume standards in this rule by November 30.

EPA Region Ten Completes over 40 Compliance and Enforcement Actions in First Quarter

The EPA, Region 10, completed over 40 environmental compliance and enforcement actions in Alaska, Idaho, Oregon, and Washington from January 1, 2015 through March 31, 2015.

Violations of environmental laws put public health and the environment at risk. These compliance and enforcement efforts also level the playing field by deterring violators who might otherwise have an unfair business advantage over environmentally compliant facilities and businesses.

DWD International LCC Agrees to Address RCRA Violations

The EPA recently issued a consent agreement and final order to DWD International, LLC, in Houston, Texas.The company will pay a $91,773 civil penalty and is required to take steps to protect the local community from health and environmental risks associated with hazardous waste.

DWD International, reported to produce less than 100 kilograms a month, however, actually generated over 1,000 kilograms of hazardous waste per month. The company also failed to properly report waste shipments.

DWD International designs, manufactures, installs, and maintains HVAC and pressurization systems. The company services oil companies, engineering firms, and building fabricators.

RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally-sound storage and disposal of hazardous waste. The RCRA requirements mandate the use of safe practices which greatly reduce the chance that hazardous waste will be released into the environment.

University of Wisconsin-Madison Fined $70,050 for Hazardous Materials Violations

The FAA alleges that on January 13, 2015, an official traveling on behalf of the university offered an undeclared hazardous material shipment to Delta Air Lines for transport on a passenger flight from Madison to Minneapolis.

The shipment included 1.89 liters of ethyl alcohol, which is highly flammable, and 120 milliliters of Epofix hardener, which is a corrosive material. Delta personnel discovered the shipment and notified the FAA.

The FAA alleges the shipment, which was in the passenger’s checked baggage, should have been offered to Delta as cargo containing hazardous materials. Declaring these items as hazardous materials would have required protective packaging and shipping papers, marks and labels to indicate the hazardous nature of the contents. Additionally, the FAA alleges the university failed to ensure its employees had received required hazardous materials training and did not include emergency response information with the shipment.

The University of Wisconsin-Madison has 30 days from receipt of the FAA’s enforcement letter to respond to the agency.

Universal Pressure Pumping Inc. Ordered to Comply with Environmental Laws and Protect Public Health

The EPA recently issued a consent agreement and final order to Universal Pressure Pumping Inc., (UPP) and eight of their facilities across Texas.

UPP reported to produce less than 100 kilograms a month, however, the facility violated federal environmental laws by generating over 1,000 kilograms of hazardous waste. The company also failed to maintain adequate records of hazard waste stored at the facility and properly label hazardous waste.

The UPP is a source for hydraulic fracturing, cementing, nitrogen, and acidizing services. The company operates throughout Texas and provides well services largely in the Permian, Barnett, and Eagle Ford basins.

New Jersey Developer to Pay $225,000 for Stormwater Violations and Wetland Preservation

 These failures potentially resulted in pollutant discharges to the Passaic, Hackensack, Rahway, Raritan, Saddle, and Delaware River watersheds. In addition, the company has agreed to provide 108 acres of land for preservation within the Highlands Preservation Area in Morris County, New Jersey, protecting it from possible future development. This land contains approximately 23 acres of wetlands adjacent to the Berkshire Valley Wildlife Management Area and in the Highlands Preservation Area—a critical drinking water protection area for the state of New Jersey.

“Today’s settlement will help protect New Jersey waterways from the harmful pollutants contained in stormwater runoff from Garden Homes’ construction sites and also preserve valuable wetlands and wildlife habitat,” said Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division. “One of the important parts of the settlement is the requirement that Garden Homes develop a corporate-wide stormwater management program which may stimulate better management practices throughout the construction business.”

“Stormwater often carries pollution and sediment into local waterways that can damage water quality,” said Regional Administrator Judith A. Enck for EPA. “Large quantities of stormwater can run off of construction sites and it is critically important that stormwater be controlled. The EPA takes these violations seriously and this legal settlement not only holds the company accountable, but also includes measures to preserve 108 acres of land that contains vital wetlands near a wildlife area.”

 These plans can include measures such as the establishment of sediment barriers, the implementation of controls to hinder stormwater flowing onto the construction site and the protection of slopes. Water carries soil and contaminants off of construction sites at a rate typically 10 to 20 times greater than that from agricultural lands and 1,000 to 2,000 times greater than that from forested lands.

Under the settlement, Garden Homes will undertake a corporate-wide evaluation of its existing stormwater practices and develop a corporate-wide stormwater management program. In addition, Garden Homes will designate one of its employees as its company stormwater manager, who will be responsible for preparing all stormwater pollution prevention plans, developing, and overseeing stormwater compliance training and conducting unannounced site inspections, among other responsibilities. The company will also designate individual site stormwater managers for its various sites. EPA estimates the value of these measures to be $539,000 for the first year and approximately $380,057 annually thereafter.

The complaint alleged that Garden Homes violated numerous stormwater requirements at ten of the company’s sites in New Jersey by failing to conduct and document weekly inspections; failing to install perimeter silt fencing along the perimeter of construction sites; failing to maintain a spill kit on-site; and allowing fuel to spill on the ground uphill from an unprotected catch basin, among other allegations. The violations at issue in this case were found at multiple construction sites owned and/or operated by Garden Homes through their affiliates. These repetitive violations continued to persist despite two administrative penalty actions taken by Region 2 against affiliates of Garden Homes.

Under the terms of the proposed settlement, Garden Homes will donate land within the Highlands Preservation Area as a supplemental environmental project. This donation of land will further aid in the recovery of threatened and endangered species, particularly the Indiana Bat and bog turtle, which have a known presence in the vicinity.

Puerto Rico Developer to Pay $500,000 Penalty to Address Clean Water Act Violations

“Stormwater often carries pollution and sediment into local waterways that can damage water quality,” said EPA Regional Administrator Judith A. Enck. “Large quantities of stormwater can run off of construction sites and it is important that stormwater be controlled. The EPA takes these violations seriously, and today’s settlement illustrates that EPA will take all actions necessary to make sure that construction sites are not polluting water bodies in Puerto Rico.”

These plans can include measures such as the establishment of sediment barriers, the implementation of controls such as berms or catch basins to reduce stormwater flowing onto the construction site, and the protection of slopes. Water carries soil and contaminants off of construction sites at a rate typically 10 to 20 times greater than that from agricultural lands and 1,000 to 2,000 times greater than that from forested lands.

The complaint alleged that F&R violated numerous stormwater requirements at two sites by failing to adequately prepare or revise site-specific stormwater pollution prevention plans; failing to implement best management practices; and failing to post adequate signage at the sites. The complaint also alleged that at a third site F&R discharged stormwater into the R?o Can?vanas, the R?o Grande de Lo?za, and ultimately the Atlantic Ocean without a permit.

F&R operates seven construction sites throughout Puerto Rico. Under the settlement, F&R will staff a Company Stormwater Compliance Manager to oversee the company’s stormwater compliance program at these sites and any future sites the company may operate. Among other responsibilities, the Company Stormwater Compliance Manager will implement F&R’s stormwater training program; submit quarterly compliance summary reports to the EPA; manage all activities necessary to meet stormwater requirements at each of the company’s construction sites; and ensure a stormwater pollution prevention plan has been completed prior to commencement of construction activities at all company sites. F&R will also staff a Site Stormwater Compliance Manager at each site to oversee stormwater compliance, to stop work, or order work, if necessary to ensure compliance, and to update the site’s stormwater pollution prevention plan. F&R will also provide stormwater compliance training for employees and contractors with operational responsibilities at a construction site, including comprehensive training for all managers, site-specific training in Spanish for field employees, and annual refresher training for all managers.

Precise Packaging Violates Clean Water Act

A Fall River, Massachusetts, company, Precise Packaging, LLC, will purchase nearly $150,000 of equipment to assist emergency response capabilities in Fall River, under the terms of a recent EPA settlement.

Also as part of the settlement, the company has agreed to pay a civil penalty of $57,369, in addition to the purchase of emergency response and planning equipment for the City of Fall River, totaling $147,625. The equipment will enhance the Fall River Fire Department’s ability to respond to and prepare for emergencies involving hazardous chemicals.

“Facilities that manufacture, use or store significant quantities of hazardous chemicals are required to carefully develop Risk Management Plans to help avoid accidental releases of chemicals, or if an accident does occur, to help reduce the risk of serious injury to the surrounding community and to first responders,” said Curt Spalding, regional administrator of EPA’s New England office. “EPA is pleased that this settlement means that the Fall River community is better protected, because the company chose to settle this case in a way that better equips Fall River’s emergency responders, whose safety is on the line whenever a chemical accident occurs in the City.”

City of Fall River Mayor Sam Sutter said, “The hard work done by the EPA and the targeted settlement which directly addressed our public safety response couldn’t have come at a better time for our city. EPA’s work to reduce the chances of accidental chemical releases and the agreement assistance given directly to our Fire Department to respond if there is a failure, helps make each and every one of us a little safer.”

. A company that fails to take these steps can leave the public and environment at risk from accidental releases.

The settlement follows earlier administrative compliance actions, including an Administrative Order on Consent on July 2, 2014, under which the company has been coming into compliance with the RMP regulations. Precise Packaging recently participated in and performed satisfactorily in a chemical response “table-top exercise” with the Fall River Fire Department. EPA’s inspections, enforcement and this settlement likely were a major impetus for chemical and safety improvements as well as compliance with RMP regulations at the facility. Precise Packaging is located near several other facilities that have Risk Management Plans.

Better Living through Green Chemistry

Green chemistry applies across the life cycle of a chemical product, including its design, manufacture, use, and ultimate disposal. Participants will learn about tools available for selecting alternatives or safer products and how businesses of all sizes can embrace the principles, and increase their economic bottom line. Call will take place on Thursday June 4, 2015 at 10:00 a.m. PT/ 1:00 p.m. ET.

Harvey Recycling Penalized for C&D Waste Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed Harvey Recycling of Fitchburg, LLC, a $3,036 penalty for violating solid waste management regulations at its construction and demolition (C&D) transfer station located at 50 Arbor Way in Fitchburg.

In May 2014, MassDEP observed C&D materials stored outside, in uncovered containers, or uncovered bunkers, in violation of permit conditions. In a consent order with MassDEP, the company agreed to store all processed C&D materials at the facility in a manner that complies with its permit conditions.

The company will complete a Supplemental Environmental Project (SEP) with a value of at least $2,277 and pay a penalty of $759. The SEP will provide 400 feet of four-inch supply hose to the Fitchburg Fire Department, which will be used to boost water pressure at major fires and for the “drafting” of water from local surface water supplies when a hydrant is unavailable.

“The requirement to store C&D materials in covered containers is important because it prevents potential contamination of water and the ground surface,” said John Kronopolus, deputy director of the Bureau of Air and Waste at MassDEP’s Central Regional Office in Worcester.

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Trivia Question of the Week

What country has the greatest supply of fresh water?

a) Canada

b) Iceland

c) Russia

d) China