Article | May 24, 2011
Water Online's EPA Update: May 24, 2011
Welcome to Water Online's review of the latest U.S. Environmental Protection Agency (EPA) regulations, resources, and activities related to the water, wastewater, and stormwater industries. EPA offices and programs covered in this installment are listed below. Click on an office or program name to go directly to that section of the article. Office of Water (OW) EPA Releases Searchable Website For Drinking Water Violations EPA's enforcement goals for clean water include working with states and tribes to ensure clean drinking water for all communities and improving transparency by making facility compliance data available to the public. The release of drinking water violations data in ECHO advances these goals and creates additional incentives for government agencies to improve their reporting of drinking water violations and increase efforts to address those violations.
Havasupai Tribe Receives EPA Approval To Administer Water Quality Standards Program
EPA Releases Report Highlighting Role Of State Revolving Funds In Implementing The American Recovery And Reinvestment Act EPA-Sponsored Water Laboratory Alliance Forum
"Waters of the U.S." Proposed Guidance
EPA Launches New Strategy To Promote Use Of Green Infrastructure For Environmental And Economic Benefits EPA Announces Release Of Re-Energizing The Capacity Development Program Report
National Risk Management Research Laboratory
(NRMRL) Risk Management Researchers Support State Cleanup Projects Some Challenges In Ohio Collaborative Action Other remediation sites throughout Ohio — in Springfield, Middletown and
Columbus — provide opportunities for applying the specialized skills of EPA laboratory-based scientists to real-world challenges at state cleanup sites. This collaboration is helping to restore precious environmental resources, preserving them for a sustainable future. Environmental Technology Verification (ETV) Program ETV Verified Technologies
Vendor Solicitations
Upcoming Conferences and Meetings
For more information on the ETV, visit www.epa.gov/etv. Other EPA News EPA Funds 10 Small Businesses To Develop Environmental Technologies
Texas Egg Producer To Pay $1.9 Million Penalty To Resolve Clean Water Act Violations
EPA's National Library Network Named Federal Library/Information Center Of The Year
EPA Announces Next Step On Air Toxics Standards For Boilers And Certain Incinerators
Prem Kumar Added To EPA Fugitive List
SOURCE: EPA
The U.S. Environmental Protection Agency (EPA) recently announced improvements to the availability and usability of drinking water data in the Enforcement and Compliance History Online (ECHO) tool. ECHO now allows the public to search to see whether drinking water in their community met the standards required under the Safe Drinking Water Act (SDWA), which is designed to safeguard the nation's drinking water and protect people's health. SDWA requires states to report drinking water information periodically to EPA. ECHO also includes a new feature identifying drinking water systems that have had serious noncompliance.
The new Safe Drinking Water Act information on EPA's website provides:
Safe Drinking Water Act search page: http://www.epa-echo.gov/echo/compliance_report_sdwa.html
Enforcement and Compliance History Online tool: http://www.epa-echo.gov/echo/
The U.S. Environmental Protection Agency (EPA) has approved the application from the Havasupai Tribe (located near the Grand Canyon in Arizona) to administer a water quality standards program under the Clean Water Act. The Havasupai Tribe becomes the 46th Tribe that EPA has found eligible to be treated in a manner similar to a state for this purpose. The Tribe is now working with EPA to develop and adopt the actual water quality standards for their waters. Once EPA approves the standards, which is expected to occur within the next year, all surface waters that the Tribe identified within the exterior boundaries of its reservation will be protected by Clean Water Act standards.
For more information about EPA's tribal approvals to date, please visit:
http://water.epa.gov/scitech/swguidance/standards/wqslibrary/approvtable.cfm
EPA has released a report highlighting the important role of the Clean Water and Drinking Water State Revolving Funds (SRFs) in implementing the American Recovery & Reinvestment Act (ARRA) of 2009. Together, the SRFs executed more than 3,200 assistance agreements worth more than $5.6 billion for clean water and drinking water projects. The report, titled "Implementation of the American Recovery & Reinvestment Act of
2009 — Clean Water and Drinking Water State Revolving Fund Programs," includes case studies that emphasize the role of ARRA in funding wastewater and drinking water infrastructure projects that will contribute to long-term economic productivity, environmental sustainability, and public health protection, many of which would not have otherwise been funded.
To view a copy of the report, visit: http://water.epa.gov/aboutow/eparecovery/index.cfm
For additional information on the SRF programs, please visit the Clean Water State Revolving Fund program website,
http://water.epa.gov/grants_funding/cwf/cwsrf_index.cfm, and the Drinking Water State Revolving Fund program website,
http://water.epa.gov/grants_funding/dwsrf/index.cfm
The U.S. Environmental Protection Agency (EPA), in collaboration with the Association of Public Health Laboratories, is sponsoring the Water Laboratory Alliance (WLA) Forum. The Forum will be held on June 8, 2011 (1:30 p.m. to 3:30 p.m.) at the Qwest Center in Omaha, Nebraska. The Water Laboratory Alliance, as part of EPA's Environmental Response Laboratory Network (ERLN) of state, federal, local, and commercial laboratories focused on state and local drinking and waste water utility laboratories, is designed to provide the water sector with an integrated nationwide network of laboratories with the analytical capabilities and capacity necessary to respond to drinking water contamination events.
Attendees can expect to hear about WLA programmatic elements and laboratory tools developed to assist with responding to emergencies. Registration for the Forum is free and can be accessed on-line at:
https://www.aphlnet.org/eweb/DynamicPage.aspx?webcode=EventInfo&RegPath=EventRegFees&REg_evt_key=295df87c-6070-407f-9e52-563b0299dee7
More information about the Water Laboratory Alliance can be found on EPA's Web site at
http://water.epa.gov/infrastructure/watersecurity/wla/
Americans depend on clean and abundant water. However, over the past decade, interpretations of Supreme Court rulings removed some critical waters from Federal protection, and caused confusion about which waters and wetlands are protected under the Clean Water Act. As a result, important waters now lack clear protection under the law, and businesses and regulators face uncertainty and delay. The Obama Administration is committed to protecting waters on which the health of people, the economy and ecosystems depend.
U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have developed draft guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This guidance would replace previous guidance to reaffirm protection for critical waters. It also will provide clearer, more predictable guidelines for determining which water bodies are protected by the Clean Water Act.
The draft guidance will reaffirm protections for small streams that feed into larger streams, rivers, bays and coastal waters. It will also reaffirm protection for wetlands that filter pollution and help protect communities from flooding. Discharging pollution into protected waters (e.g., dumping sewage, contaminants, or industrial pollution) or filling protected waters and wetlands (e.g., building a housing development or a parking lot) require permits. This guidance will keep safe the streams and wetlands that affect the quality of the water used for drinking, swimming, fishing, farming, manufacturing, tourism and other activities essential to the American economy and quality of life. It also will provide regulatory clarity, predictability, consistency and transparency.
The draft guidance will be open for 60 days of public comment to allow all stakeholders to provide input and feedback before it is finalized.
Read more at http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm
The U.S. Environmental Protection Agency (EPA) is launching a new strategy to promote the use of green infrastructure by cities and towns to reduce stormwater runoff that pollutes the nation's streams, creeks, rivers, lakes and coastal waters. Green infrastructure decreases pollution to local waterways by treating rain where it falls and keeping polluted stormwater from entering sewer systems. In addition to protecting Americans' health by decreasing water pollution, green infrastructure provides many community benefits including increased economic activity and neighborhood revitalization, job creation, energy savings and increased recreational and green space.
Large volumes of polluted stormwater degrade the nation's rivers, lakes and aquatic habitats and contribute to downstream flooding. Green infrastructure captures and filters pollutants by passing stormwater through soils and retaining it on site. Effective green infrastructure tools and techniques include green roofs, permeable materials, alternative designs for streets and buildings, trees, rain gardens and rain harvesting systems.
As part of the strategy, EPA will work with partners including local governments, watershed groups, tribes and others in ten cities that have utilized green infrastructure and have plans for additional projects. EPA will encourage and support expanded use of green infrastructure in these cities and highlight them as models for other municipalities around the country. The ten cities are: Austin, TX; Boston, MA; Cleveland, OH; Denver, CO; Jacksonville, FL.; Kansas City, MO.; Los Angeles, CA; Puyallup, WA; Syracuse, N.Y.; and Washington, D.C. and neighboring Anacostia Watershed communities.
EPA will continue to work with other federal agencies, state and local governments, tribes, municipalities, and the private sector to identify opportunities for using green infrastructure and provide assistance to communities implementing green approaches to control stormwater. EPA will also provide additional tools to help states and communities leverage green infrastructure opportunities within other innovative environmental projects.
For more information on EPA's green infrastructure agenda: http://epa.gov/greeninfrastructure
The U.S. Environmental Protection Agency (EPA) has made available a report titled: Re-Energizing the Capacity Development Program: Findings and Best Practices from the Capacity Development Re-Energizing Workgroup. This report is the product of the workgroup's goals to better understand EPA's drinking water program's existing implementation efforts, evaluate roadblocks to developing capacity and identify best practices to facilitate state program implementation. In 2010, EPA partnered with eight states and the Association of State Drinking Water Administrators to form the workgroup to assess the Capacity Development program's progress and bring renewed attention to it. The program was established under the 1996 Amendments to the Safe Drinking Water Act to provide a framework for EPA, states and systems to work together to ensure that drinking water systems attain short and long term capacity.
Public drinking water systems regulated by EPA, and delegated states and tribes, provide drinking water to about 90 percent of Americans. Providing safe drinking water is a partnership that involves EPA, the states, tribes, water systems and their operators.
The report provides case studies that may be useful for states, utilities and regions in their capacity development drinking water programs.
Electronic versions of the document may be found on the EPA website at http://water.epa.gov/type/drink/pws/smallsystems/state_guidance.cfm
EPA regional and state offices often call upon laboratory-based researchers whenever scientific or engineering assistance is needed for state remediation projects. Whether these involve hot-spot landfills, contaminated ground waters, polluted lakes, or Superfund sites, EPA risk management researchers bring their expertise to bear on local cleanup and restoration projects.
Background
EPA regional and state officials are the front-line troops of the U.S. EPA regulatory mission. Each of the 10 EPA Regional Offices across the United States oversees a cluster of states. For example: Region 5, the Great Lakes Region based in Chicago, administers federal environmental regulations in Illinois, Indiana, Michigan, Minnesota, Wisconsin and Ohio. Since all pollution is local, regional regulators work cooperatively with state and local project managers on remediation projects. They, in turn, frequently rely upon scientists in EPA's National Risk Management Research Laboratory and with specialists in the laboratory's Engineering Technical Support Center who often act as a link between researchers and site managers.
Ohio is representative of Region 5 states in two important areas of remedial environmental concern: landfills and water bodies (lakes and rivers).
Landfills are regulated under the Resource Conservation & Recovery Act (RCRA) according to the types of waste they accept: Subtitle C landfills accept hazardous wastes, while Subtitle D landfills accept only nonhazardous wastes. A third category of
landfill — construction and demolition — generally accepts soils and construction materials of insignificant pollution content. All three categories may, over time, demonstrate non-conformance pollutants such as noxious odors, abnormally high temperatures, open fires, or biological reactions leading to slides.
When lakes and rivers become contaminated, they may exhibit high-risk toxic algae, diminished or deformed aquatic life forms, or declining water quality, among other hazards.
The following is a sampling of some areas of environmental concern in Ohio that involve EPA risk management researchers and Region 5 and state offices in collaborative cleanup projects.
For further information on land remediation programs, visit EPA's Land Research web page.
The ETV Program has verified the performance of 446 innovative environmental
technologies that can be used to monitor, prevent, control, and clean up
pollution. For a full list of ETV verifications, visit
http://www.epa.gov/etv/verifiedtechnologies.html.
ETV centers issue periodic solicitations for vendors and collaborators
interested in verification. For a list of active ETV vendor solicitations,
please visit www.epa.gov/etv/vendorswanted.html,
or contact the appropriate ETV center (see www.epa.gov/etv/contacts.html).
The U.S. Environmental Protection Agency is awarding nearly $2.25 million to 10 small companies to support the development of new technologies for protecting the environment and public health.
Winners include small businesses in California, Colorado, Florida, Massachusetts, Michigan, and New Mexico. This year's innovative projects include reducing toxic chemicals from landfills, producing an environmentally friendly adhesive, reducing methane emissions by converting dilute methane waste gas streams into useful fuel, and designing a real-time environmental water monitoring sensor.
"The SBIR program demonstrates how meeting environmental challenges can help create jobs," said Dr. Paul T. Anastas, assistant administrator for EPA's Office of Research and Development. "These small businesses are simultaneously leading the way toward a sustainable planet and a healthy economy."
Earlier this year, the companies received "proof of concept" awards from EPA through its Small Business Innovation Research (SBIR) program. The companies will use these additional funds to move their technologies towards commercialization and implementation.
Each year, the EPA's SBIR program gives small businesses the opportunity to compete for funds to develop technology addressing key environmental areas, such as green building, innovation in manufacturing, nanotechnology, greenhouse gases, drinking water monitoring and treatment, wastewater and sustainable infrastructure, air pollution monitoring and control, biofuels, waste monitoring and management, and homeland security.
There are approximately 25 million small businesses in the U.S. today. As the leading source of employment growth, these firms have generated 60 to 80 percent of new jobs over the past decade and are responsible for developing most of the country's new technologies. To be eligible to participate in the SBIR program, a company must be an organized, for-profit U.S. business and have fewer than 500 employees.
More information on the 10 awardees and the abstracts of their proposals: http://www.epa.gov/ncer/sbir
The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department (DOJ) today announced that Mahard Egg Farm, Inc., a Texas corporation, will pay a $1.9 million penalty to resolve claims that the company violated the Clean Water Act (CWA) at its egg production facilities in Texas and Oklahoma. The civil penalty is the largest amount to be paid in a federal enforcement action involving a concentrated animal feeding operation (CAFO). The company will also spend approximately $3.5 million on remedial measures to ensure compliance with the law and protect the environment and people's health.
"By working with DOJ and our state partners in Texas and Oklahoma, we have reached a significant settlement that reflects the seriousness of Mahard's violations," said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. "Large animal feeding operations that fail to comply with our nation's environmental laws threaten public health and the environment and put smaller farming operations at a disadvantage."
"This agreement is the result of extensive cooperation between the states of Texas and Oklahoma and the federal government to address multiple violations of the Clean Water Act at Mahard facilities," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. "Ensuring the lawful handling of CAFO wastes will mean cleaner steams and waterways in Texas and Oklahoma, which is important for aquatic habitats, safe drinking water, and public recreation."
The CWA complaint, filed jointly with the settlement by the United States and the states of Texas and Oklahoma, alleges that Mahard operated a facility without a permit and discharged pollutants into area waterways. Mahard also allegedly discharged pollutants or otherwise failed to comply with the terms of its permits at six other facilities, including its newest facility near Vernon, Texas, where it also failed to comply with the Texas Construction Storm Water Permit and to ensure safe drinking water for its employees. The states of Texas and Oklahoma also alleged violations of state laws.
Most egg production facilities generate various wastes, including wet or dry manure from chicken houses, wastewater from the egg-washing process, and compost from chicken carcasses. If done properly, these wastes may be sold or contained on-site in manure storage lagoons, prior to being applied to nearby fields. However, the joint complaint alleges that, as a result of Mahard's historic practice of over-applying waste to its fields, the soils at its facilities are saturated with nutrients (nitrogen and phosphorus) and, during and after rainfall, these nutrients are discharged into area streams and waterways. In addition, at several facilities, Mahard abandoned inactive and improperly designed manure lagoons rather than closing them as required by law.
As part of this settlement, Mahard has committed to comprehensive, system-wide changes in order to bring each of its seven CAFO facilities into compliance with applicable state and federal laws, permits, and regulations and to restore the lands to prevent future discharges to area waterways. The settlement mandates the performance of specific requirements, such as lagoon closures, groundwater monitoring, and the construction and maintenance of buffer strips along area waterways within the facility boundaries. It also requires on-going land restoration and management measures, such as restrictions on land-application of manure and livestock grazing.
Preventing animal waste from contaminating surface and ground waters of the United States is one of EPA's National Enforcement Initiatives for 2011-2013. The initiative continues EPA's focus on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.
The settlement, lodged in the U.S. District Court for the Northern District of Texas, is subject to a 30-day public comment period and approval by the federal court.
More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/cwa/mahardegg.html
More information on EPA's National Enforcement Initiatives: http://www.epa.gov/compliance/data/planning/initiatives/initiatives.html
The U.S. Environmental Protection Agency's National Library Network has been named Federal Library/Information Center of the Year by the Library of Congress. The award recognizes outstanding, innovative, and sustained achievements during fiscal year 2010 by a federal library or information center. EPA's library network is an essential information partner with EPA staff and the public to support transparency, decision making, environmental awareness, and protection of people's health and the environment.
"We are proud to be recognized for our outstanding information services," said Malcolm D. Jackson, assistant administrator for EPA's Office of Environmental Information. "This award is a testament to EPA's commitment to provide top notch library services to both our staff and the American public."
In FY2010, EPA libraries worked together to digitize 7,500 agency publications, adding to the growing inventory of more than 45,000 digital documents available to the public at no cost. Serving as a point of contact for public inquiries, EPA libraries collectively addressed nearly 9,000 public reference questions and loaned more than 8,000 documents, saving taxpayers an estimated $266,000.
The Federal Library and Information Centers Committee (FLICC) of the Library of Congress gives the award to both small libraries/information centers (with a staff of 10 or fewer federal and/or contract employees) and large libraries/information centers (with a staff of 11 or more). EPA's National Library Network is named in the large category.
More information on EPA's National Library Network: http://www.epa.gov/libraries/
More information on the Federal Library Information Centers Committee and the award:
http://www.loc.gov/flicc/FliccForum/index_forumandwards.html
As previously announced, the U.S. Environmental Protection Agency (EPA) is seeking additional public feedback and gathering more information on the final standards for boilers and certain solid waste incinerators that were issued in February 2011. These additional opportunities for public input will ensure that any final standard will be informed by input and feedback from key stakeholders, including the public, industry, and public health communities.
Input through the public comment process already resulted in dramatic cuts in the cost of implementation, while maintaining maximum public health benefits, under the rule announced in February. As part of the reconsideration process, EPA will issue a stay postponing the effective date of the standards for major source boilers and commercial and industrial solid waste incinerators to allow the agency to continue to seek additional public comment before an updated rule is proposed. This process of careful consideration of public comments, and close attention to both costs and benefits, is consistent with the president's directives with respect to regulation, as set out in executive order 13563, issued on January 18.
Following the April 2010 proposals, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, EPA made extensive revisions to the standards, and in December 2010 requested additional time for review to ensure the public's input was fully addressed. The court only granted EPA 30 days, resulting in the February 2011 final rules. The agency is reconsidering the standards because the public did not have sufficient opportunity to comment on these changes, and, as a result, further public review and feedback is needed.
EPA will accept additional data and information on these standards until July 15, 2011.
More information: http://www.epa.gov/airquality/combustion
Prem Kumar, also known as Premakumaran Krishnan, a citizen of India, has been added to the U.S. Environmental Protection Agency's (EPA) fugitive list for failing to surrender to federal law enforcement authorities after he was indicted for his role in an illegal ocean-going vessel wastewater discharge case. Illegally discharging wastewater into the ocean threatens aquatic life and can lead to fish kills, contamination of fish and shellfish, and may have long-term ecological effects.
"EPA is serious about enforcing the nation's environmental laws and making sure that those who are charged with criminal violations are held accountable," said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. "The public can help EPA by reporting any information they have on the whereabouts of Mr. Kumar on EPA's fugitive website or to local law enforcement."
Kumar and Fleet Management Ltd, a commercial ship management company based in Hong Kong, were indicted by a federal grand jury in Corpus Christi, Texas on April 29, 2010. Fleet Management was charged with one count of failing to maintain an accurate oil record book as required by the Act to Prevent Pollution from Ships (APPS), one count of making false statements, and one count of obstruction.
Kumar who worked as a marine superintendent for the company was charged in a four-count indictment with obstruction, conspiracy and making false statements. The conspiracy charge carries a maximum sentence of five years in prison and a $250,000 fine. The obstruction of justice charge carries a maximum sentence of 20 years in prison and a $250,000 fine. An indictment is an accusation and a defendant is presumed innocent until proven guilty in a court of law.
As the marine superintendent, Kumar was responsible for, among other things, ensuring that ships managed by Fleet Management operated in compliance with the APPS. His responsibilities included working with and directing the engine room officers in the management of oily waste water and other waste generated on board the vessel. On October 6, 2009, the U.S. Coast Guard was conducting a routine inspection of the M/V Lowlands Sumida, a cargo ship being operated by Fleet Management, when a crew member provided information that the vessel was illegally discharging oily wastewater directly into the ocean by bypassing the oily water separator, a required pollution control device. Oily wastewater can only be legally discharged overboard if the wastes are first processed through the separator, which ensures that the water contains no more than 15 parts per million of oil.
A subsequent investigation by EPA, the U.S. Coast Guard, and the Texas Commission on Environmental Quality found that the vessel's oil record book was knowingly falsified. Large commercial ships, like the M/V Lowlands Sumida, are required to maintain accurate oil record books to document that wastes are being property treated.
On September 9, 2010, Fleet Management Limited pleaded guilty and the company was sentenced in the Southern District of Texas to pay $3 million in fines, four years probation and ordered to establish an environmental compliance program. Under the whistleblower provision of the APPS, the court awarded $200,000 to the crew member who brought the violations to the attention of the federal government.
Launched December 2008, EPA's fugitive list website contains information about individuals who have failed to turn themselves in after having been indicted and charged with or convicted of violating environmental laws. The website contains a form that the public can use to report information related to a fugitive's identity and/or current location.
To date, information from citizens or law enforcement organizations have assisted in the arrest or capture of five fugitives and the surrender of two others. Of the seven former fugitives, five have been sentenced, one is awaiting sentencing, and one was found not guilty. With the addition of Prem Kumar, there are currently 17 fugitives on EPA's fugitive list.
Since fugitives may be armed and dangerous, the public should not try to apprehend any of the individuals. Citizens may also report the information to their local police or, if outside the United States, to the nearest U.S. Embassy.
More information on EPA's fugitive website: http://www.epa.gov/fugitives
More information about EPA's criminal enforcement program: http://www.epa.gov/compliance/criminal/index.html