EPA, Vermont At Odds Over Phosphorus

The EPA may not decide on issues around Lake Champlain's water quality and phosphorus reduction needs until next year.

Stephen Perkins, a director at the EPA office in Boston, said the agency will issue an order by spring 2015, "the latest delay in a decision that had been due this fall," VT Digger reported. 

Perkins said the delay is a result of staffing issues, according to the report. The EPA also wants to hear more from the governor's office and see what actions the Vermont Legislature takes on this issue in the coming months, he said, according to the report.

Vermont is working to adopt new standards for phosphorus in Lake Champlain. The EPA mandated three years ago that the state take action.

The state has had some disagreements with the EPA over the best approach to phosphorus from wastewater treatment plants.

"EPA has repeatedly asked the state to limit phosphorus pollution from [wastewater plants]. In its May letter to the state, EPA said the state will not meet its reduction targets in the Missisquoi Bay and South Lake segments by focusing only on nonpoint sources," the report said.

If the state chooses not prioritize phosphorus from wastewater treatment plans, the EPA might mandate that it do.

"The EPA has said it will tighten restrictions on Vermont’s wastewater treatment facilities to the limits of available technology if the state’s plan doesn’t pass muster. That could cost municipalities millions in upgrades. "VT Digger previously reported.

The state has questioned the validity of this approach. Governor Peter Shumlin's administration "maintains that it is not worth investing millions in upgrades to wastewater treatment plants, which it estimates would reduce phosphorus loading by only 3 percent," the report said.

Gina McCarthy, the EPA administrator, visited Vermont in October. "McCarthy, standing alongside Gov. Peter Shumlin, Sen. Patrick Leahy and Rep. Peter Welch, was in Vermont to show support for the state’s efforts to clean up Lake Champlain," VPR reported.

She announced a $67,000 grant to support lake cleanup, according to the report.

For more on policy and politics, check out Water Online's Regulations & Legislation Solution Center.