Tag Archives: EPA

Consent Order, FDEP v. Chemours involving Twin Pines Minerals 2019-02-07

Twin Pines Minerals (TPM) is cited in a consent order on Chemours mines, for failure to collect data, spilling waste through silt fences and not cleaning it up, and being out of compliance on numerous counts, including radium and iron, in the Suwannee, St. Johns, and St. Mary’s River basins in Florida.

[Four times spelled out]
Four times spelled out, on four different pages

This is the same TPM that has applied to mine titanium in Charlton County, Georgia, near the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers.

[TPM, GA and Chemours FL mines]
TPM, GA and Chemours FL mines

You can read the Consent Order yourself: Continue reading →

Titanium mine near Okefenokee NWR 2019-07-12

Update 2019-07-18: The complete application is now on the WWALS website; you can comment now.

Friday, July 12, 2019, the U.S. Army Corps of Engineers published a Public Notice for Application SAS-2018-00554 for a titanium mine southeast of the Okefenokee National Wildlife Refuge (NWR). Thursday I attended a meeting at the Okefenokee NWR near Folkston about that, and I met with agents of the miners back in April. The application is about the little purple area on this map they showed us at the end of April:

[Context]
Context

But that’s not the whole story; see below. Today this mine proposal is on the agenda for the WWALS board meeting.

Here are some things the application doesn’t tell you: Continue reading →

Excluding groundwater makes no sense above the Floridan Aquifer –WWALS to EPA 2019-04-15

Approved at the Sunday WWALS board meeting and filed last night via regulations.gov as PDF.

April 15, 2019

U.S. Environmental Protection Agency
EPA Docket Center
Office of Water Docket
Mail Code 28221T
1200 Pennsylvania Avenue, NW
Washington, DC 20460

Re: Docket ID No. EPA-HQ-OW-2018-0149,
       Revised Definition of Waters of United States

To Whom it May Concern:

WWALS Watershed Coalition, Inc. (WWALS), also known as Suwannee Riverkeeper, submits the following comments on the United States Environmental Protection Agency (“EPA”) and Department of Defense, Department of the Army, Corps of Engineers (“Corps”) proposed rule entitled “Revised Definition of Waters of United States,” 84 Federal Register 4154-01 (February 14, 2019) (hereinafter “Proposed Rule”).

In addition to supporting the comments of Waterkeeper Alliance and the Southern Environmental Law Center (SELC), WWALS adds these comments on groundwater.

The Proposed Rule’s categorical exclusion of groundwater makes no sense here above the Floridan Aquifer where surface water and groundwater constantly interchange, and pollutants travelling through groundwater are a frequent source of health, environmental, and economic problems.

[2019-04-15--WWALS-to-EPA-0001]
2019-04-15–WWALS-to-EPA-0001

This proposed exclusion of groundwater is called out repeatedly in the Proposed Rule, starting with this:

Continue reading →

Help upgrade our Suwannee River Basins in Georgia

Update 2021-02-09: Redesignating waterways as Recreational –GA-EPD Triennial Review Meeting 2021-02-02.

See also Cost of reclassifying Georgia rivers from Fishing to Recreational in Triennial Review of Water Quality Standards.

We asked the state of Georgia to upgrade our main Suwannee River Basin rivers (and some lakes and swamps) from their current lowest water quality classification as Fishing to what they really are: Recreational Use. You can help!

[Georgia landings in Suwannee River Basin]

Every three years, federal law requires each state to review its water quality standards. 2019 is such a year for Georgia, so the Georgia Environmental Protection Division (GA-EPD) is conducting a Triennial Review. The request WWALS sent to GA-EPD, background, and their response are all on the WWALS website. Our request was rather long, with 23 pages asking for reclassification of the Suwannee River, the Okefenokee Swamp, the Alapaha River, Lake Irma, Banks Lake, Grand Bay, the Withlacoochee River, the Little River, and Reed Bingham State Park Lake, all from Fishing to Recreational Use. The WWALS cover letter is included at the end of this blog post. For the rest, see the WWALS website.

The response thus far from GA-EPD has some good news: Continue reading →

EPA kicks PFAS regulation a year down the road

Yesterday’s EPA PFAS plan does nothing except to study for a year or more what has already been studied. Where are the limits on amounts of these firefighting chemicals in water that would enable EPA or GA-EPD to test private wells, for example for the PFAS that got into groundwater from Moody Air Force Base’s Wastewater Treatment Plant, causing Moody’s report to say be careful eating fish caught in Beatty Branch or Cat Creek, upstream from the Withlacoochee River? Where are the funds and methods to remediate the problem and to stop it getting worse?

[Figure 25 Waste Water Treatment Plant (AFFF Area 8) PFBS, PFOA, and PFOS in Soil and Sediment]
Figure 25 Waste Water Treatment Plant (AFFF Area 8) PFBS, PFOA, and PFOS in Soil and Sediment

U.S. Environmental Protection Agency (EPA), 14 February 2018, EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, Continue reading →

Health costs of firefighting foams

It’s time for the state of Georgia and the U.S. Congress to set limits, and appropriate funds for testing and remedial actions, as the evidence and lawsuits pile up about those firefighting chemicals spilled from Moody AFB and many other places.

What is the price of fire safety? As lawsuits pile up and government pressure rises, firefighting-foam makers reconsider the environmental cost of fluorosurfactants, by Marc S. Reisch, Chemical and Engineering News (c&en), JANUARY 14, 2019 | APPEARED IN VOLUME 97, ISSUE

Photo: Large Atmospheric Storage Tank Fires project; Firefighters spray fluorine-free foam on a hydrocarbon test fire at Dallas Fort Worth Airport.
Photo: Large Atmospheric Storage Tank Fires project
Firefighters spray fluorine-free foam on a hydrocarbon test fire at Dallas Fort Worth Airport.

Testifying to Congress in September 2018 before it passed the legislation allowing civilian airports to use fluorine-free foams, Timothy Putnam, a 24-year civilian firefighter for the navy, said he recalled using fluorine-containing foam—in the days before scientists raised safety flags—“as a substitute for vehicle soap to wash fire department vehicles. We also used [it] to clean the fire station floors.”

Now, Putnam said, he is worried about “human impacts” of the exposure. And he didn’t accept the argument that Continue reading →

EPA considering abandoning Floridan Aquifer?

The new water rule EPA plans to propose may be much more about all our drinking water underground in Florida and south Georgia than about anybody’s private pond.

Stacey H. Mitchell, David H. Quigley and Bryan Williamson, Akin Gump Strauss Hauer & Feld LLP, 11 December 2018, United States: Dipping Its Toe In The Groundwater? Supreme Court Eyes Expedited Review For Clean Water Act Case,

Specifically, the Court aims to address a circuit split among the 4th, 5th and 9th Circuits in determining whether only direct discharges to “navigable waters” (rivers, lakes and other surface waters, for example) are covered or whether groundwater that is “hydrologically connected to surface water” is subject to Clean Water Act (CWA) pollution discharge requirements.2 Groundwater—that is, water held beneath the soil or in between rock structures—does not fall under CWA jurisdiction. Nevertheless, the U.S. Environmental Protection Agency (EPA), for many years, maintained that pollutants that flow with a direct and immediate hydrologic connection through groundwater into surface waters are properly regulated under the CWA.3 Environmentalists agree with EPA’s long-standing position, while many in industry say that the agency is reaching beyond its scope.

Surface water interchanges with groundwater all the time here in the southeast coastal plain, where we all drink with straws from the groundwater.


Figure from same USGS study as below.

This SCOTUS case appears to be related to the forthcoming EPA rule change proposal that has been all over the news lately. More from the same article: Continue reading →

FGT pipeline noise, Suwannee County 2018-02-25

It sounded like a jet engine Wednesday evening, said a WWALS member as a pipeline let loose in Suwannee County. (Hear it for yourself in WWALS videos four days later.) Was it a leak? A planned release? A road construction break? We get no answers, just runarounds, from the federal and state agencies that permitted all the interstate natural gas pipelines into Florida. They passed the buck to Suwannee County Fire Rescue. At least Suwannee BOCC opposed the Sabal Trail pipeline and approved a solar farm.

Photo: John S. Quarterman for WWALS 2018-02-25 of FGT pipeline at Suwannee Oaks Drive.
Photo: John S. Quarterman for WWALS 2018-02-25 of FGT at Suwannee Oaks Drive.

Neighbors preparing to evacuate February 21, 2018, confirmed the location: just north of 208th Street, at Continue reading →

Motion to reject FERC DSEIS, to take Sabal Trail out of service, and to revoke its permit: WWALS to FERC 2017-12-29

reopen the whole basis of the FERC 2016 Order, Filing FERC, if it follows its own rules, should reject the DSEIS, stop Sabal Trail, and revoke its permit, says a motion filed today with FERC by Suwannee Riverkeeper.

Followup blog posts will feature major sections and arguments from these 20 pages with their 93 footnotes. The basic arguments are summarized on the first page:

WWALS argues that no SEIS can be complete without accounting for GHG from Liquid Natural Gas (“LNG”) exports, nor without comparing natural gas to solar power, according to precedents already set by FPL, FERC, and others, which also reopen the whole basis of the FERC 2016 Order.

FERC may not care, but the D.C. Circuit Court may, or candidates for office, or the voting public.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

Filed with FERC today as Continue reading →

SELC against proposed suspension of Clean Water Rule 2017-12-13

Yesterday, the Southern Environmental Law Center (SELC) submitted a sixteen-page letter against the EPA’s proposed suspension of the Clean Water Rule, on behalf fifty-six organizations including WWALS.10

Struggling to eliminate, Letter Much of that letter could as easily apply to today’s foregone vote to eliminate the FCC’s net neutrality rule. FCC Chairman Ajit Pai’s “‘unalterably closed’” views should have been enough for him to recuse himself. The three FCC Commissioners for the elimination of net neutrality made it clear they were not paying attention to the millions of public comments, despite requirements of the Administrative Procedure Act to do so. Chairman Pai with perhaps unintentional irony even argued that there was no need to hold public hearings since far more people commented online, which of course is only possible through an open Internet. Nevermind that the FCC appears to be ignoring those comments.

Similarly, the EPA does not seem to be paying attention to the “more than 680,000 public comments” on the Clean Water Rule repeal beyond taking only six days to come up with a two year delay in implementation of that rule.

The SELC letter to the EPA even cites two cases against the FCC when it says: Continue reading →