New York continues to strengthen its regulatory approach to 1,4-dioxane. Last month, the state Department of Health adopted the nation’s first maximum contaminant level (MCL) for 1,4-dioxane in drinking water, The regulation is working its way toward implementation and is now in the public comment period. Following assessment of public comments, the proposed regulation will either be revised or submitted for adoption by the Public Health and Health Planning Council. The regulation will then go into effect upon publication of a Notice of Adoption in the New …Continue Reading
On March 28, 2019, U.S. Senators. Debbie Stabenow (D-Mich.), and Mike Rounds (R-S.D.), and U.S. Representatives. Dan Kildee (D-Mich.) and Jack Bergman (R-Mich.) introduced bipartisan legislation to sample water for per- and polyfluoroalkyl substances (PFAS).
The PFAS Detection Act of 2019 would authorize the United States Geological Survey (USGS) to conduct a nationwide sampling to test surface and groundwater for PFAS pollution, with a special focus on water near sites already known or suspected to be contaminated. The PFAS Detection Act also appropriates $45 million …Continue Reading
Big news on the Clean Water Act (CWA). With the backdrop of a major circuit split (previously discussed here), the U.S. Supreme Court has agreed to hear the Ninth Circuit case of County of Maui, Hawaii v. Hawaii Wildlife Fund. The Supreme Court will now have to determine whether discharges of pollutants to surface waters via groundwater are regulated under the CWA.
In County of Maui, plaintiff-environmentalists alleged that the wastewater from a municipal wastewater treatment facility was seeping through the groundwater and ending …Continue Reading
It’s no secret that more and more states are investigating PFAS chemicals to determine whether regulation is wise. The U.S. Government has been grappling with the same issues. Contaminants of emerging concern (CECs), including PFAS, are of great interest to regulators, water treatment utilities, the general public and scientists. When considering, for example, 2016 data collected by federal scientists that estimates that up to 110 million people are served by water supplies with PFAS, investigation is important. As we are well aware though, the federal …Continue Reading
For every barrel of oil drilled in Texas, four-to-five barrels of wastewater are produced. The abundance of untreated water has led the EPA to consider whether to permit oil drillers in Texas to discharge wastewater directly into local rivers and streams, avoiding the complicated and costly process of trucking the water to underground wells that may be many miles away. If put into effect, this plan would alter established federal clean water regulations that have been in place for decades.
Currently, drillers pump wastewater, a …Continue Reading
In February, we reported about whether ground water can be regulated under the Clean Water Act. As a refresher, we discussed Hawaii Wildlife Fund v. County of Maui — a case involving the indirect discharge of injection well wastewater into the ocean by traveling through groundwater. The court held there that for purposes of the CWA the injection wells were a point source, requiring an NPDES permit for groundwater because “the pollutants are fairly traceable from the point source to a navigable water such that …Continue Reading
This past winter, California finally experienced the rain it had been desperately awaiting for several years. The state Department of Water Resources is tracking more than 22 million acre-feet of water in its reservoirs, hoping that it will replenish the losses sustained from 2012 onward when a drought began ravaging the state. While California residents must be excited at the prospect of longer showers, state water officials are researching how to best make the bounty last.
California precipitation is unpredictable, and the state is generally …Continue Reading
As the clock winds down on the 2017 legislative session, the Illinois legislature is currently debating over two diametrically opposed bills regarding the proper testing to be done on the groundwater surrounding reclaimed rock quarries.
Representative Margo McDermed, a Republican, has sponsored legislation that would require groundwater monitoring around quarries that are being used to store construction waste. Under current Illinois Environmental Protection Agency regulations, concrete free of steel reinforcement bars, rock, stone, brick, and asphalt from sites where buildings are going up or being …Continue Reading