Tag Archives: U.S. Environmental Protection Agency

Huge win for Waterkeepers: Court stops FDEP assumption of water permitting, and countersuit 2024-02-15

In a rare huge win for conservationists, on February 15, 2024, St. Johns Riverkeeper, Miami Waterkeeper, and co-plaintiffs won their case to stop the Florida Department of Environmental Protection (FDEP) from assuming wetlands permitting.

[Florida panther, Waterkeepers Florida]
Florida panther, Waterkeepers Florida

FDEP assumption was always a bad idea. “The toxic algae blooms that now plague Florida are a direct result of the state’s decades-long failure to protect our waterways from wildlife-choking pollution,” Jason Totoiu, a senior attorney at the Center for Biological Diversity, said in a statement. “Now the state wants to make it even easier to dredge and fill wetlands that help filter these pollutants.”

Here’s the original lawsuit.

Jim Saunders, WUSF & News Service of Florida, February 19, 2024, A judge sides with environmentalists in wetlands permitting shift,

In a win for environmental groups, a U.S. district judge Thursday ruled that federal officials did not follow required steps in 2020 before shifting permitting authority to Florida for projects that affect wetlands.

Washington, D.C.-based Judge Randolph Moss, in a 97-page decision, found that actions by the U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency violated the Endangered Species Act. Moss vacated the approval of the shift to the state.

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Mercury through the air into rivers has greatly decreased in recent years 2023-06-05

Good news: “Atmospheric [mercury] deposition from domestic power plants decreased by 91% across the contiguous U.S. from 6.4 Mg in 2010 to 0.55 Mg in 2020.”

Bad news: “Despite large deposition declines, an end-member scenario for remaining exposures from the largest active power plants for individuals consuming self-caught fish suggests they could still exceed the U.S. Environmental Protection Agency reference dose for methylmercury.”

[Better with room for further improvement]
Better with room for further improvement

We know mercury is a problem in the Alapaha River, coming through the air from coal Plant Scherer, north of Macon, Georgia. So by this paper the problem is lessened, but still is a problem.

It’s also a problem on land, for example near the Okefenokee Swamp, where the proposed strip mine may stir up mercury, as mentioned in the Clinch County resolution against that mine and for the Swamp.

You can still help stop that mine.

Sociodemographic Disparities in Mercury Exposure from United States Coal-Fired Power Plants, Continue reading

EPA Proposed PFAS NPDWR Public Hearing 2023-05-04

Register by May 2nd for this online Public Hearing on Thursday, May 4, 2023, from 11 AM to 7 PM EDT.

[PFAS testing, Withlacoochee River, 2022-06-30]
PFAS testing, Withlacoochee River, 2022-06-30

Public hearing to present information and receive public comment on the proposed PFAS NPDWR:

The United States Environmental Protection Agency (EPA) is hosting a public hearing to present information and receive public comment on the proposed per- and polyfluoroalkyl substances (PFAS) National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act (SDWA). The hearing will be held virtually on May 4, 2023, from 11am until 7pm eastern time. The number of online connections available for the hearing is limited and will be offered on a first-come, first-served basis. Persons wishing to attend this public hearing are requested to register in advance no later than May 2, 2023.

During the virtual hearing, there will be Continue reading

Georgia Okefenokee protection bill HB 1289 filed on Okefenokee Swamp Day 2022-02-08

On newly-proclaimed Okefenokee Swamp Day, a bipartisan bill to ban mining on Trail Ridge by the Okefenokee Swamp appeared in the Georgia legislature: HB 1289.

[Bill, Proclamation, Trail Ridge]
Bill, Proclamation, Trail Ridge

What You Can Do

You can ask Georgia Governor Kemp to get the Georgia Environmental Protection Division (GA-EPD) to deny the permit request from Twin Pines Minerals, LLC, for a titanium dioxide strip mine within three miles of the Okefenokee Swamp, which is the headwaters of the St. Marys and Suwannee Rivers. Or ask your city or county government to pass a resolution supporting the Swamp and opposing the mine, as half a dozen have already done.

Or write directly to GA-EPD: TwinPines.Comment@dnr.ga.gov

Or use this convenient Georgia Water Coalition action alert form to ask your statehouse delegation to pass HB 1289 and to ask GA-EPD to deny the permits.

Why

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Video: Titanium strip mine too near Okefenokee Swamp; Suwannee Riverkeeper on Scott James Radio 2021-10-18

That titanium strip mine too near the Okefenokee Swamp is still in permitting, as Scott James and I discussed on his radio show Monday morning; here’s video. You can help stop that mine.

There’s serious doubt about the legitimacy of the decision last October by the Army Corps of Engineers to abdicate responsibility, since a District Court revoked last year’s EPA decision that the Corps used to decide. Meanwhile, the Georgia Environmental Protection Division (GA-EPD) has five permit applications from those Alabama coal miners, Twin Pines Minerals LLC. For details, see Mining moratorium: NWPR WOTUS and Army Corps on Okefenokee mine site –WWALS to EPD 2021-09-27.

[Strip mine discussion and location]
Strip mine discussion and location

You can ask GA-EPD for a moratorium on all mining, until the effects of that District Court decision get sorted out, or to deny the permits for that mine, or at the very least to examine the permits very thoroughly and produce the equivalent of the Environmental Impact Statement that the Corps should be working on.
https://wwals.net/?p=55092

And don’t forget the WWALS Boomerang paddle race tomorrow morning, Saturday, October 23, 2021, from Georgia into Florida and back!
https://wwals.net/pictures/2021-10-23–boomerang/

Here’s WWALS video of that radio discussion: Continue reading

Help Georgia stop titanium mine threatening Okefenokee Swamp –Dirty Dozen 2020, Georgia Water Coalition 2020-11-17

FOR IMMEDIATE RELEASE

Hahira, Georgia, November 17, 2020 — Once again, the Okefenokee Swamp features in the Georgia Water Coalition Dirty Dozen, “the worst offenses to Georgia’s water.” The Swamp and the Suwannee and St. Marys Rivers and the Floridan Aquifer are still threatened by a strip mine, but this time only Georgia can stop it, with your help.

[Great Blue Heron, Suwannee River, Okefenokee Swamp, TPM mine site]
Great Blue Heron, Suwannee River, Okefenokee Swamp, TPM mine site

Contact: This Okefenokee item was submitted by Suwannee Riverkeeper John S. Quarterman (229-242-0102, contact@suwanneeriverkeeper.org) and Georgia River Network Executive Director Rena Ann Peck, (404-395-6250, rena@garivers.org).

They also recently observed the mine site that threatens our ecosystems and drinking water for private profit. [TPM mine site with ONWR on left]
Photo: John S. Quarterman, TPM mine site with ONWR on left

They met again that same weekend on the Suwannee River in the Okefenokee Swamp with forty paddlers, experiencing the fragile natural beauty that makes the Okefenokee National Wildlife Refuge a great economic benefit to both Georgia and Florida.

[Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07]
Photo: John S. Quarterman, Great Blue Heron flying, Suwannee River, Okefenokee Swamp, 2019-12-07

The entire text of the Okefenokee Dirty Dozen item is below. Also below is how you can help.

This year’s Dirty Dozen report includes the following: Continue reading

Tens of thousands commented against a strip mine near the Okefenokee Swamp

Hahira, Georgia, May 30, 2020 — From every U.S. state and beyond, tens of thousands comments poured in to the Army Corps against a permit application for a titanium strip mine far too near the unique blackwater gem of the Okefenokee Swamp. The comment period ended Thursday. You and your elected officials can still ask the U.S. Army Corps of Engineers to do the right thing and deny this permit, or at least require an Environmental Impact Statement.

[44,000 commenters against strip mine on a map]
44,000 commenters against strip mine on a map

“With its unique ecosystem and incomparable beauty,” says Suwannee Riverkeeper John S. Quarterman, “the Okefenokee Swamp is a national and international treasure, and the source of the St. Marys and Suwannee Rivers. With its opportunities for boating, birding, fishing, photography, adventure, and hunting nearby attracting 600,000 visitors a year and supporting more than 700 jobs, the Okefenokee National Wildlife Refuge (NWR) provides more economic benefit to each of Georgia and Florida than any other refuge.”

The groups supporting the Swamp and opposing the mine include twenty Waterkeepers from three states, and umbrella organizations Waterkeepers Florida and Waterkeeper Alliance.

Contact: John S. Quarterman, Suwannee Riverkeeper, contact@suwanneeriverkeeper.org, 229-242-0102.

See below for a longer press release from Georgia River Network about the several dozen organizations loosely associated to protect the Okefenokee Swamp from anything that might harm it, such as this strip mine for private profit for paint.


Tens of Thousands Voice Opposition Over Mine Proposed to be Located Next to the Okefenokee Swamp

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Comment now: TPM mine drains to Okefenokee Swamp, Rivers Styx, St. Marys, Suwannee, Georgia and Florida 2020-04-10

Comment by this Monday, April 13, 2020, if you don’t want any of these creeks, rivers, or the Okefenokee Swamp affected by this strip mine, or the Floridan Aquifer, in Georgia or in Florida.

The Twin Pines Minerals strip mine site drains west from Trail Ridge into the River Styx, into the Okefenokee Swamp, and to the St. Marys River, which becomes the border between Georgia and Florida. On the east, it drains into Boone Creek and into the St. Marys River. If it affects the Swamp, it will affect the Suwannee River, which runs through Georgia and Florida to the Gulf of Mexico.

[River Styx]
River Styx

Please go ahead and tell the U.S. Army Corps of Engineers why you don’t want this strip mine near the Swamp.

You can also ask for an extension of the public comment deadline, and for public hearings in Georgia and Florida. Here is the Suwannee Riverkeeper extension and hearings request for WWALS.

The Rule the Corps is following for comments says the U.S. Environmental Protection Agency (EPA) can require any other affected state to comment. So you can ask EPA to ask Florida to comment. Here is our request for that. Here’s a simple version you can use:

[Your Name or Your Organization Name] requests the U.S. Environmental Protection Agency (EPA), pursuant to 33 CFR § 325.2, (b), regarding permit application SAS-2018-0054 to determine that the mining activities of the subject Application may affect the quality of the waters of the state of Florida and to notify the state of Florida, the district engineer, and the applicant that Florida ‘has 60 days from receipt of EPA’s notice to determine if the proposed discharge will affect the quality of its waters so as to violate any water quality requirement in such state, to notify EPA and the district engineer in writing of its objection to permit issuance, and to request a public hearing.’

The inset map is from Figure 66 in the TPM application. TPM didn’t label the waterways, but that’s the River Styx where it says MSW-1, and Boone Creek where it says MSW-4. Both lead to the St. Marys River, which becomes the Georgia-Florida state line. The River Styx joins the St. Marys in the Okefenokee Swamp, which is the headwaters of the Suwannee River. Continue reading

Request EPA to ask Florida for comment on Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554 2020-03-30

WWALS requests the U.S. Environmental Protection Agency (EPA) “EPA regarding permit application SAS-2018-0054 to determine that the mining activities of the subject Application may affect the quality of the waters of the state of Florida and to notify the state of Florida, the district engineer, and the applicant that Florida ‘has 60 days from receipt of EPA’s notice to determine if the proposed discharge will affect the quality of its waters so as to violate any water quality requirement in such state, to notify EPA and the district engineer in writing of its objection to permit issuance, and to request a public hearing.’

[2020-03-30--WWALS-EPA-TPM-FDEP-comment-hearing-0001]
2020-03-30–WWALS-EPA-TPM-FDEP-comment-hearing-0001

We quoted from the Rule the Army Corps says it is using in its comment period for the re-application by an Alabama company to strip mine for titanium near the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Marys Rivers, and interchanges water with the Floridan Aquifer, all of which affects Florida.

You can also send a letter like this to the EPA, asking for comment from the state of Florida and a public hearing in Florida.

Or you can send a comment to the U.S. Army Corps of Engineers requesting a 120-day extension of their ridiculously brief comment deadline of April 14, 2020, and public hearings, like WWALS did.

Why not both?

WWALS Letter to EPA

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Request comment deadline extension and public hearings about titanium mine near Okefenokee Swamp –Suwannee Riverkeeper to Army Corps 2020-03-19

We urge everyone else to also send the Army Corps a comment letter asking for an extension of the comment deadline and for public hearings.

For more things you can do to oppose this bad mining application, see How to Comment.

[Map: TPM Mine, Okefenokee Swamp, Suwannee River]
Map: TPM Mine, Okefenokee Swamp, Suwannee River
in the WWALS map of All Public Landings in the Suwannee River Basin.
The TPM mine is marked in the right center by the highlighted crossed hammers,
due north of the line of four Chemours titanium mines in north Florida.

Below is the text of the letter WWALS just sent to the Corps as a PDF.

March 19, 2020

To: Col. Daniel Hibner, Commander, U.S. Army Corps of Engineers, Savannah District
Attention: Ms. Holly Ross, holly.a.ross@usace.army.mil,
CESAS-SpecialProjects@usace.army.mil
1104 North Westover Boulevard, Suite 9, Albany, Georgia 31707

Cc: Stephen Wiedl, Wetlands Unit, stephen.wiedl@dnr.ga.gov
Georgia Department of Natural Resources, Environmental Protection Division,
Water Protection Branch, 7 Martin Luther King, Jr. Drive, Atlanta, GA 30334

Re: Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554

Dear Colonel Hibner,

Regarding permit application SAS-2018-0054 by Twin Pines Minerals, LLC, of Birmingham, Alabama, Suwannee Riverkeeper for WWALS Watershed Coalition (WWALS) asks the U.S. Army Corps of Engineers (USACE) to extend the public comment period and to hold public hearings, as detailed at the end of this letter.

Review of the current 219-page Application and the hundreds of pages of appendices is not practicable in Continue reading