Category: Water Quality
EPA Issues Historic Rules on Drinking Water
In an unprecedented move, the federal government proposed strict new rules limiting the presence of a class of chemicals known as per- and polyfluoroalkyl substances, or “PFAS,” in the nation’s drinking water – a decision that could impact nearly all Americans. While PFAS chemicals are ubiquitous in consumer goods...
50th Anniversary of the Clean Water Act and What the Future Holds
This week, I spoke to Bobby Magill at Bloomberg Law about the 50 th Anniversary of the Clean Water Act (CWA). Fifty years ago, Congress overrode a Presidential veto to enact the Clean Water Act, ushering in a sea change in the way we address water resources in this...
SF Regional Board attempts to clarify vapor intrusion approach
The San Francisco Regional Water Quality Control Board recently issued a fact sheet summarizing changes to its approach to remediating environmental impacts and mitigating vapor intrusion (VI) at properties impacted with volatile organic compounds (VOCs). This follows a January 2019 update to the Board’s vapor intrusion environmental screening levels—which...
Superior Court Invalidates Hexavalent Chromium Drinking Water Standard
Earlier this month, Judge Christopher E. Krueger of the Sacramento Superior Court issued an order invalidating the Maximum Contaminant Level (MCL) for hexavalent chromium . The California Department of Public Health (“DPH”) established an MCL of 10 μg/L, or parts per billion (ppb), pursuant to a rulemaking effort that concluded in 2014...
Shell Pays Big for Double Dipping with the UST Fund
Last week, the California State Water Resources Control Board (State Water Board) announced that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California UST Cleanup Fund (Fund) for allegedly claiming reimbursement through false or misleading statements on its claim forms. The State...
U.S. EPA’s Proposed Rule Would Modernize NPDES Regulations
Earlier this month, the United States EPA proposed a rule (“Proposed Rule”) that would update and revise National Pollutant Discharge Elimination System (“NPDES”) regulations. Rather than reopening the existing NPDES regulations for comprehensive revision, the Proposed Rule would make “specific targeted changes to the existing regulations” that align the...
California Supreme Court Finds that a Public Agency Cannot Inadvertently Waive Attorney-Client and Work Product Privileges
Last year, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles . In Ardon , the appellate court found that a public agency can waive statutory privileges that it otherwise would have if it produces privileged documents in response to a California Public Records Act...
In the Heart of the Rainy Season: The New (Stayed) Clean Water Rule Covers Vernal Pools in California
After years of drought, the El Niño storms have been bringing much-needed rain and snow to California–albeit in quantities significantly less than we hoped for thus far. In addition to the anticipated snowpacks, flowing rivers, and replenished reservoirs, the California landscape has been marked by the return of ephemeral...
State Water Board Approves Composting General Order
Earlier this month, the California State Water Quality Control Board (“State Water Board”) approved a General Order for Waste Discharge Requirements (“WDRs”) for composting operations, which will streamline and standardize permitting processes and regulate water quality at new and existing composting facilities. While the General Order was approved with...
State Water Board Continues Deadline for Compliance with New California Industrial General Permit for Stormwater until August 14, 2015
As an update to a previous write-up on the deadline for compliance with the new California Industrial General Permit for Stormwater (General Permit), the State Water Resources Control Board (State Water Board) has continued the deadline for registration and compliance from July 1, 2015 to August 14, 2015 . In a...
Deadline For Compliance With New California Industrial General Permit For Stormwater Is A Week Away (July 1, 2015)
On July 1, 2015, the new California Industrial General Permit for Stormwater (General Permit) will take effect and along with it come a host of new compliance obligations. Chief among those obligations is the completion and submission of a notice of intent (NOI) to be bound by the new...
Guiding Us Through the Waters of the United States: New Guidelines Proposed Clarifying What Waters are Protected by Clean Water Act
On May 2, the Environmental Protection Agency (EPA) and Army Corps of Engineers formally proposed new guidelines for determining which waters and wetlands are “waters of the United States” and are, therefore, protected under the Clean Water Act (CWA). According to the notice, jointly published in the Federal Register, the new guidelines will provide clarity...
Sorry Sixth Circuit – You Just Got Housed: House passes a bill taking pesticides out of CWA’s jurisdiction
On Tuesday, the House of Representatives passed a bill sponsored by Rep. Bob Gibbs (R-Ohio) known as the Reducing Regulatory Burdens Act of 2011 (or H.R. 872). The bill would amend the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) such that CWA permits, known as National Pollutant Discharge Elimination System permits (or NPDES...
Can Construction Site Webcams Be Far Behind?
The State Water Resources Control Board (“State Water Board”) recently adopted toughened standards for water flows generated by construction sites under a new statewide storm water construction general permit, effective July 1, 2010. The new permit (the “2010 Permit”) replaces the storm water construction general permit in place since 1999 (the “1999 Permit&rdquo...
EPA Holds Hearings on Hydraulic Fracturing
As part of a broad investigation into the practice of pressurized injection of water, sand, and chemicals to extract natural gas from shale, known as hydraulic fracturing or fracking, the Environmental Protection Agency (EPA) held several public hearings this week in Binghamton, New York. Hydraulic fracturing operates by the...
EPA Takes Steps Under The Clean Water Act to Protect California’s Coastline
On August 25, 2010, the Environmental Protection Agency (EPA) proposed the nation’s largest coastal “No Discharge Zone,” covering California’s entire 1,624 miles of coastline. Pursuant to the federal Clean Water Act, states may request EPA to establish vessel no-discharge zones to protect and restore water quality. Non-sewage discharge from vessels...
There’s a “Canary” in My Water – EPA Software Detects Hazardous Contaminants in Drinking Water Systems
Bringing to mind the old adage “canary in a coalmine,” the Environmental Protection Agency (EPA) announced this week its innovative water quality software aptly named “Canary.” Developed by EPA scientists in collaboration with the Department of Energy (DOE), the Canary software can help detect chemical and biological contaminants including pesticides, metals...
What’s Coming Down the River – How EPA’s Designation of the Los Angeles River as a “Navigable Waterway” May Impact Future Development
As reported by the Los Angeles Times , the U.S. Environmental Protection Agency (EPA) designated the entire 51-mile, concrete lined Los Angeles River a “traditional navigable water,” under the Clean Water Act on Wednesday. Although it may be hard to picture the Los Angeles River as a navigable waterway on par...
Coastal Senators Seek Increased Liability for Oil Spills
In the wake of the massive Gulf Coast oil spill, three coastal Senators have introduced legislation entitled the “Big Oil Bailout Prevention Act.” The bill was introduced on May 3, 2010 by Senators Robert Menendez (D – NJ), Frank Lautenberg (D – NJ), and Bill Nelson (D – FL). Under the...