March 2023 Vol. 78 No. 3
Newsline
Newsline: U.S. Appeals Court Reinstates Pro-Infrastructure Water Rule
U.S. Appeals Court Reinstates Pro-Infrastructure Water Rule
A U.S. appeals court said a lower court lacked authority to remove a rule established by former President Donald Trump that limited state’s power to deny permits for pipeline projects.
San Francisco Judge William Alsup originally vacated the pro-infrastructure rule in 2021, after President Joe Biden took office. However, according to a Reuters report, the 9th U.S. Circuit Court of Appeals said that a California judge couldn’t kill the rule because he didn’t consider first whether it actually broke the law.
The rule reinterprets part of the Clean Water Act that allows states and Native American tribes authority to deny approvals for interstate pipelines and other projects. The rule keeps states from blocking such projects unless they can prove the projects will directly pollute waterways.
Democrats and environmental activists protested the rule while organizations such as the American Petroleum Institute said they’re pleased with the court’s decision.
Having a “clear and consistent permitting process in place ensures that needed infrastructure can be built,” API said.
PG&E Curtails Plan to Bury Power Lines to Prevent Forest Fires
California’s PG&E has scaled back its plans to bury 3,600 miles of power lines through 2026 as part of a larger capital project to fortify its infrastructure against fires.
The Oakland-based utility now plans to bury 2,275 miles over the next three years, according to company executives in a February investor presentation.
In a statement to Reuters, PG&E CEO Patricia Poppe said that the reduction is “the result of conversations with our key stakeholders” and the need to demonstrate that the business can advance its undergrounding activities in a cost-effective manner.”
PG&E’s overhead power lines were blamed in 2018 for the worst wildfire in California history, as well as other deadly fires in recent years. The incidents forced the company to apply for bankruptcy protection due to billions of dollars in fire-related liabilities. Beginning in June, PG&E will be tried for manslaughter in connection with fire fatalities.
The utility, which serves around 5.5 million homes and businesses with electricity, eventually intends to bury 10,000 miles of wires.
Water Utilities to be affected by EPA’s Proposed PFAS Regulations
According to Bloomberg Law, water utilities across the nation expect the EPA to codify its 2022 health advisories that suggest PFAS substances are dangerous in drinking water.
In a news release, the EPA reported that a draft of the proposed rule is going through a review process, with results being released in the “coming weeks.”
In 2022, the EPA issued a health advisory saying that all levels of PFAS substances in drinking water are dangerous. According to water attorney John Kindschuh, safe levels are “so low that most if not all public water systems can’t even detect it.”
The interim advisory levels of 0.004 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and 0.02 ppt for perfluorooctanesulfonic acid (PFOS) dramatically tightened EPA’s 2016 advisory of 70 ppt for either compound or a combination of both.
Professionals in industries such as chemical, oil and gas, and automotive question the scientific evidence surrounding the health advisories. The concern stems from the fact that the World Health Organization (WHO) allows more PFOA and PFOS in drinking water than the EPA’s recommendation.
The industry is concerned about what scientific evidence is being considered, especially because the World Health Organization issued draft guidance in 2022 that would allow more PFOA and PFOS in drinking water than the EPA has recommended, she said.
The WHO recommended a limit of 100 ppt of either PFOA or PFOS in drinking water and a total cap of 500 ppt for combinations of up to 30 PFAS.
Pennsylvania Passes ‘Forever Chemicals’ Drinking Water Limits
Pennsylvania has enacted a statewide drinking water limit on two forms of highly toxic chemicals, nicknamed “forever chemicals.”
The rule, published in January in the official register of state government agency actions, sets a limit of 14 parts per trillion for perfluorooctanoic acid and 18 parts per trillion for perfluorooctane sulfonic acid.
The rule applies to all 3,117 water systems, the Department of Environmental Protection (DEP) said.
Both chemicals belong to the group of perfluoroalkyl and polyfluoroalkyl substances, known collectively as PFAS, which are used in products such as nonstick cookware, carpets, firefighting foam and fast-food wrappers.
Currently, there is no national limit, although the federal government has issued an advisory level of 70 parts per trillion or below.
Studies have found associations between the chemicals and cancer, thyroid disease, ulcerative colitis and other health issues, although state officials say their effects on human health are not fully understood.
The chemicals have turned up increasingly in public water systems and private wells around the country after the federal government in 2013 ordered public water systems with more than 10,000 customers to test for it.
In 2021, the Pennsylvania’s DEP said that about a third of the more than 400 sites it had tested across Pennsylvania were found to contain one of the chemicals.
Former Maui Official Gets 10 years for Taking Wastewater Contract Bribes
A former Maui County official was sentenced to 10 years in prison for accepting $2 million in bribes from a Honolulu businessman in one of the biggest bribery cases in Hawaii history.
Stewart Olani Stant, who was a wastewater manager and the director of Maui’s Department of Environmental Management, was also ordered to pay $1.9 million in restitution, the Honolulu Star-Advertiser reported.
Prosecutors said businessman Milton Choy deposited money into bank accounts owned by Stant during a six-year period starting in 2012. They said Choy gave Stant gambling chips during trips to Las Vegas and paid for his Las Vegas airfare and hotel rooms. In exchange, prosecutors said Stant directed at least 56 sole-source contracts worth $19.3 million to Choy and the wastewater company he owned, H2O Process Systems LLC.
Stant pleaded guilty Sept. 19 to a single count of conspiracy to deprive the public of the right to honest services. Choy is scheduled to be sentenced for his role in the scheme on May 17.
Last year, former state Senate Majority Leader J. Kalani English was sentenced to three years and four months in prison for taking bribes from Choy. Former state Rep. Ty Cullen, who served as vice chairperson of the House Finance Committee, is scheduled to be sentenced on April 6, also for taking bribes from Choy.
Oregon Halts Water Pipeline Project after 12 Years, $38 Million
The Portland Water Bureau abruptly stopped work in February on a planned water pipeline beneath the Willamette River after more than 12 years of planning and preparation at a cost of $38 million.
The Water Bureau intended for the pipeline to help protect access for the city’s westside population to drinking water in the event of an earthquake. The pipeline was part of the Willamette River Crossing project (WRX).
“In the last 45 days alone, new information on construction inflation projections, supply chain challenges and overlap with other Water Bureau, city of Portland and regional projects of a similar nature intensified the potential risks with moving forward now,” the bureau told Willamette Week, which first reported the story.
Jodie Inman, the bureau’s chief engineer said the original goal was to deliver a final proposal this spring and begin construction in the fall. The planned construction start has been delayed until 2027–2028, he said.
Arizona Judge Won’t Compel Scottsdale to Share Water
An Arizona judge said she won’t compel Scottsdale to resume an arrangement that allowed residents of a neighboring community to get their water from a city standpipe, saying the flap isn’t the court’s concern.
In a victory for the city, Maricopa County Judge Joan Sinclair ruled that people living in the Rio Verde Foothills have not showed the city caused them irreparable harm and said community residents can obtain their water elsewhere.
Sinclair said the court “appreciates the difficulties inherent in allocating dwindling water resources” but cannot make water policy decisions in lieu of the appropriate authorities.
Scottsdale on Jan. 1 cut off the water it long provided to Rio Verde Foothills, saying it needs to guarantee there is enough for its own residents amid a deep, long-lasting drought. Homeowners in Rio Verde Foothills, located in unincorporated Maricopa County, sued Scottsdale, demanding that access to the city’s water supply be restored to some 500 homes without working wells.
The Scottsdale City Council was scheduled to in late February to consider a new agreement that could extend temporary access to the,
Half-Million Gallons of Sewage Spills into San Diego Bay
A malfunction at a wastewater pumping station spilled 500,000 gallons of raw sewage into San Diego Bay during a period of heavy rain, while three other spills sent more than 50,000 gallons into three areas of the county and closed beaches around a state marine conservation area, authorities said.
More than six miles of shoreline were closed or posted with warning signs after the spill sent untreated wastewater flowing out of manholes and into storm drains downtown and in the Midway area instead of going to a treatment plant, the San Diego Union-Tribune reported.
A sensor malfunction caused pumps to shut down for about a half-hour, backing up wastewater which then spilled in areas leading to the bay, city spokesperson Arian Collins said.
Beach closures remained in effect until tests for bacterial levels showed the water is safe, officials said.
Flint, Plaintiffs Agree on New Date to Replace Lead Water Lines
After again missing the court-approved date for the replacement of lead water lines last fall, the city of Flint, Mich., and a group of plaintiffs who sued the city have agreed to set a new timetable.
An updated agreement submitted to a federal court in Ann Arbor now calls for the city to finish excavations and replacements at 31,758 eligible residences by Aug.1, according to an ENR Midwest report.
Homes that have previously undergone replacements and those that are finished by March 1 must have all restoration work done by June 30. Restoration must be completed within four months following excavations for houses where replacements were made after March 2.
The plaintiffs, which also include the organizations Concerned Pastors for Social Action, American Civil Liberties Union of Michigan, and Natural Resources Defense Council, as well as Melissa Mays, a Flint resident and operations manager for community advocacy group Flint Rising, are also entitled to weekly progress reports from the city.
Mays has accused the city of unnecessarily delaying construction while Flint Rising has been working to educate homeowners about their right to new water service lines and property restoration.
Vermont’s Wastewater Infrastructure Deemed “Mediocre” by Engineering Group
The Vermont section of the American Society of Civil Engineers (ASCE) has graded Vermont a “C” overall for the quality of its infrastructure, a grade that equates to “mediocre,” according to the group.
The New England State fared worse in some of the nine categories on which ASCE regularly grades. Wastewater received the lowest grade in the report card with a D+, which the organization defines as “Poor.”
Only half of Vermont’s population is served by public wastewater systems, while the rest depend on septic systems that can cause public health hazards and water pollution if they fail. In 2021, Vermont spent just $12 million on wastewater infrastructure, compared to $29 million in 2018, ASCE said.
The Society also noted that many of Vermont’s wastewater systems are more than century old and in need repairs. Old infrastructure and operations led to 144 combined sewer overflows from 2020 through 2022, it said.
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