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41 The Environmental Council of the States
MnJay;�Piil 1, 77 ECOSWIRE TT IN _N iT 13
E C 0 S
ECOS%7RE is a weekly service to ECOS members and alumni. No federal funds are spent on this newsletter.
Copyright (02016, the Environmental Council of the States. Permission. is granted for our members to reproduce
for state government purposes.
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ECOS has posted here a final main agenda and final session agendas for all open sessions
at the April 10 - 13 ECOS Spring Meeting in Nashville, Tennessee. While the main agenda
Till be provided at the registration desk and does not need to be downloaded, attendees
should download separate agendas for all individual sessions they plan to attend, as these
will not be distributed in our efforts to go "paper -less." ECOS members should have
received a resolutions packet today and will receive additional states -only information next
week, including agendas for various closed sessions and descriptions of the states -only
cutting -edge breakouts.
Regular registration closes today for the action -packed gathering. Among the confirmed
guest speakers are U.S. EPA Administrator Gina McCarthy, Acting Deputy Administrator
Stan Meiburg, Acting Assistant Administrator for Air and Radiation Janet McCabe,
Assistant Administrator for Enforcement and Compliance Assurance Cynthia Giles,
General Counsel Avi Garbow, and Science Advisor Thomas Burke; Major General Donald
E. Jackson of the U.S. Army Corps of Engineers; U.S. Assistant Attorney General John
Cruden; author Bryn Barnard on the environment -public health nexus; Randall Hyer, Co-
founder of CrisisCommunication. net and Deputy Director of the Center for Risk
Communication; former ECOS President Richard Opper, now Director of the Montana
Department of Public Health and Human Services; Association of State and Territorial
Health Officials President Edward Ehlinger, Commissioner of Health of the Minnesota
Department of Health; Tennessee Governor Bill Haslam; and Nashville Mayor Megan
Barry.
The ECOS room block at The Omni Nashville Hotel has sold out, but attendees may be
able to locate Nashville properties offering government rate rooms at www.fedrooms.gov. If
you need to cancel any room nights, please do not do so with the hotel, but instead email
Lia Parisien so that she can arrange a transfer to an attendee on the ECOS waiting list.
Please also note that one $55 ECOS ticket remains for the April 12 at 7:30 p.m. "We're All
for the Hall" concert at the nearby Bridgestone Arena. Contact Katie Fehrenbach if
interested.
Attendees can access online registration, hotel information, and brief tourism videos about
Nashville here. For questions about the agenda or hotel, contact Lia Parisien. For
registration. questions, contact Katie Fehrenbach. See you in Nashville! [Parisien]
Drinking Water
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Last week, the Flint Water Advisory Task Force (FWATF), commissioned by Michigan
Governor Rick Snyder, published its final revort offering findings and recommendations
regarding the Flint water crisis. In response to the publication of the report, Commissioner
John Linc Stine urged Minnesota Pollution Control Agency employees via email to "not
hesitate to immediately and directly contact me or our leadership team to communicate
concerns about any action or inaction by the MN Pollution Control Agency. I will do the
same for you."
Meanwhile, Ohio announced proposed new state standg-rds to protect public health, with
............................................................................
legislative changes to its lead and copper rule. In addition to the proposed changes, Ohio
announced plans for special financing to help communities and schools identify and
manage or replace service lines or install corrosion control in there public water systems.
Other proposals include tighter deadlines for public water systems to inform and educate
homeowners about high lead levels and new funding help for communities to replace lead
service lines and fixtures.
In other drinking water news across the country, earlier this month the Governors of New
York, New Hampshire, and Vermont sent a letter to EPA Administrator Gina McCarthy
urging EPA to take federal action on perfluorooctanoic acid (PFOA) contamination,
documenting concerns about PFOA in drinking water in their states. EPA is poised to
release an updated non -binding health advisory for PFOA this spring, due to pressure to
act on PFOA water contamination in West Virginia and several other states. EPA
previously issued a provisional health advisory for PFOA, also known as C-8, in 2009,
requiring DuPont chemical company to treat water that contains 0.40 parts per billion or
provide safe drinking water to affected residents. [Miller/Piper]
Climate
As previously reported, the U.S. Supreme Court stayed implementation of the Clean Power
Plan (CPP) until litigation is complete (West Virginia v. EPA, U.S., No. 15A773, 2/9/16).
The D.C. Circuit has scheduled oral arguments in the CPP litigation for June 2 and
possibly June 3 before Judges Judith Rogers, Karen Le Craft Henderson, and Sri
Srinivasan. Briefs for interveners supporting the EPA are due March 29 with amicus briefs
due April 1. Petitioners' reply briefs are due April 15.
On March 28, U.S. EPA filed its initial brief with the U.S. Court of Appeals for the District
of Columbia Circuit in defense of the CPP. Bloomberg BNA identified the following key EPA
arguments in defense of the CPP:
Generation Shifting: "Previous [Clean Air Act] programs and rules for the power
sector have also drawn upon generation -shifting as one way for plants to cost -
reasonably reduce air pollution, further demonstrating that generation -shifting is
an adequately demonstrated system."
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Market Trends: "EPA further projects that significant reductions in coal-fired
generation would occur even in the Rule's absence, and that following full
implementation of the Rule in 2030, the amount of coal-fired generation will be
27.4% of total generation — only 5.4% less than projected without the Rule."
EPA Expertise: "Unlike Burwell, this case involves EPA's construction of a statute
that it has long administered and of provisions that go to the core of EPA's mission
to protect public health and welfare."
Cooperative Federalism: "States have wide discretion in fashioning 'standards of
performance' under Section 111 (d). This flexibility supports EPA's interpretation
that the 'best system of emission reduction' that underlies such standards also
encompasses a wide range of pollution -reduction strategies, including generation -
shifting."
State Authority Over Electricity Generation: "Petitioners ignore the important
distinction between (1) regulation of pollution, as authorized by the [Clean Air] Act,
which indirectly affects energy prices and markets, and (2) direct regulation of
energy markets. This Rule is the former."
The Section 112 Exclusion: "Petitioners' interpretation of Section 111 (d) —which
would strip that provision of nearly all effect —is not reasonable, let alone
mandatory."
In related news, on March 31 former EPA Administrators William D. Ruckelshaus and
William K. Reilly submitted a final brief as amici curiae in support of the validity of the
CPP. [Teplitzky]
The Mississippi Department of Environmental Quality (MDEQ) and the Mississippi
Department of Marine Resources (MDMR) have announced the construction of a berm for
a marsh restoration project at the Round Island Coastal Preserve in Pascagoula. An
anticipated four to five million cubic yards of dredge material from a U.S. Army Corps of
Engineers' project will be removed from the Pascagoula Channel, with approximately 2.5
million cubic yards placed adjacent to Round Island which will create about 200 acres of
sand beach and marsh habitat.
"This type of marsh will provide many benefits to Mississippi and the Gulf. Salt marshes
can function as water and air purifiers, as well as significantly add to the food chain by
producing biomass," said Gary Rikard, MDEQ Executive Director.
A unique situation developed in the Mississippi Sound which presented a perfect
opportunity for Mississippi to increase the marsh acreage adjacent to Round Island. The
Army Corps previously had added the Port of Pascagoula to its list of sites to be dredged,
and the MDMR previously had obtained the appropriate permits for construction adjacent
to Round Island. Through a Memorandum of Understanding, the state, local, and federal
agencies designed a plan for MDEQ to construct the berm. [Miller/ Parisien]
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The District of Columbia Department of Energy and Environment (DOEE) has announced
the launch of Ariacostia. River Explorei-s, offering area residents of all ages the unique
................................................................................................ opportunity to engage directly with the Anacostia River and local wildlife through free,
guided boat tours. These educational tours will provide an overview of the river's history,
associated wildlife, and environmental threats, and will highlight initiatives that DC is
undergoing to restore and protect one of the city's two major waterways.
This is an innovative approach to engage citizens in local environmental programs. The
program is funded by the J%Aiacostia River Clean Up and Protection Fund, and participation
is open to all. [Miller/ Parisien]
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The Alaska Department of Environmental Conservation (ADEC) is working with one of its
regional operations, the Fairbanks North Star Borough, to send Fairbanks residents a
postcard survey to collect information on home heating use in the area. The survey is
confidential, and this year's survey results will be compared with those of past years to
help assess changes in heating practices that may have resulted from the drop in heating
oil prices.
ADEC notes that previous results from heating surveys have been an important part of
determining the overall picture of home heating habits in the borough, monitoring trends,
and verifying projections for air quality planning. For more information on air quality in
Alaska, click here. [Miller]
The Michigan Department of Environmental Quality (DEQ) now publishes a biweekly
publication called DEQ Envfi-onnienud Calendar providing timely information on permit
decisions, administrative rules promulgation, public hearings, and upcoming meetings
and programs. This is a successful approach to making DEQ's services more accessible to
the public by keeping the public abreast of environmental requirements, pollution
prevention practices, and other topics related to the protection of Michigan's natural
resources. [Miller]
The Pennsylvania Department of Environmental Protection has awarded a $13.45
million competitively bid contract to Rosebud Mining Co. to remediate and reclaim a 62-
acre abandoned mine site in the community of Ehrenfeld in Cambria County. The project
strengthens the economic prospects for Ehrenfeld, eliminates hazards to the safety of its
citizens, restores the environment, and creates new recreational opportunities for citizens
and visitors.
This large-scale project is expected to take three years to complete, but it will help to
transform the community. The site is a visual blight on Ehrenfeld and includes a coal
refuse pile that towers above the more than 100 nearby homes and buildings. The steep
pile poses dangers for riders of all -terrain vehicles on the site. A five -acre portion of the
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pile is currently burning. In addition, highly acidic runoff and coal fires from the pile have,
for many years, been running into the adjacent stream.
Reclamation plans include improved drainage, tree plantings, and the development of a
recreational park on a portion of the site, due to its location along the "Path of the Flood
Trail," commemorating the 1889 Johnstown Flood. An extremely important benefit of this
project is that the contract awarded to Rosebud Mining enables it to recall 40 recently laid -
off miners to complete the reclamation work. [Teplitzky]
This week, Georgia Power announced that preparation activities are underway to
permanently close all of the company's 29 ash ponds located at 11 coal-fired generation
facilities across the state. Twelve ponds are scheduled for closure in less than two years;
16 are expected to close in less than 10 years; and one pond is expected to close in
approximately 10-14 years. The cleanup process will cost more than $1 billion in the next
10 years, the company said.
The company has worked with the Georgia Environmental Protection Division (EPD) on the
closure plan and will continue to work closely with the EPD throughout the closure
process. [Teplitzky]
Target Stores in Casper and Cheyenne are being recognized by the Wyoming Department
of Environmental Quality (DEQ) Environmental Stewardship Program for innovative
voluntary efforts to reduce the amount of hazardous waste that enters local landfills and is
misidentified for destruction by company personnel. The two stores are being recognized
after recent inspections were completed by the DEQ Solid and Hazardous Waste Division.
These inspections identified best mar agement practices that allowed all individuals within
the store to scan any bar-code and determine whether the product scanned was classified
as a. hazardous :material. These efforts reduce the amount of misidentified contaminants
from entering local landfills and also from being placed with other potentially hazardous
chemicals. Other notable pollution prevention efforts include the reuse and salvage of
products that would otherwise be discarded to local landfills and the removal. of in-store
photo developing machines that created wastefrom photo developing chemicals. [Teplitzky]
Pairing industry leaders with innovations and environmental training, Tennessee's 45th
Annual Environmental Show of the South (Show) is one of the nation's largest
environmental conferences and tradeshows, averaging over a thousand attendees.
Launched by the University of Tennessee in 1971 with support from the state government,
the Show originally provided a forum for approximately 300 people to gather and discuss
new rules being proposed by the then -nascent U.S. EPA. The event grew steadily, adding
hazardous waste topics in the 198Os and waste reduction/recycling (now materials
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management) in the 1990s. The name Environmental Show of the South stuck in the mid-
1990s.
Today, the Show includes sessions on Environmental Law, Water Resources, Materials
Management, Air Pollution Control, Remediation, Toxic Substances, and Radiological
Health, in addition to the original Solid and Hazardous Waste technical sessions. The
Show facilitates information -sharing and best practices among leaders from environmental
agencies, industry partners, law firms, and utility providers.
Sponsored by the Tennessee Department of Environmental Conservation, the keynote
speaker at this year's show on April 20 - 22 will be U.S. EPA Acting Deputy Administrator
Stan Meiburg. Learn more about the Show on the event's webpage. [Miller/Dunn]
On March 21, U.S. EPA's Office of Water released the National Aquatic Resource Survey's
National Rivers and Streams Assessment 2008-2009: A Collaborative Survey. The
assessment marked the first time a national monitoring study of the overall condition of
U.S. rivers and streams has been conducted with a statistically valid random sample
approach.
The report finds that almost half of our rivers and streams do not support healthy aquatic
communities, 25% of river and stream miles are in fair condition, and 28% are in good
condition. Over 40% of river and stream miles have nitrogen and phosphorous levels that
are too high. Poor habitat conditions, present in a substantial portion of rivers and
streams, make them more vulnerable to flooding, contribute to erosion, and allow more
pollutants to enter waterways.
EPA's Office of Research and Development worked in partnership with the Office of Water
on this survey. [Hanson]
U.S. EPA has awarded $4 million to four institutions to conduct research to combat the
effects of drought and extreme events on water quality in watersheds and at drinking
water utilities. The grantees - Clemson University in Clemson, SC; Water Research
Foundation at the University of Colorado at Boulder; Public Policy Institute of California in
San Francisco; and the University of Utah in Salt Lake City - will study innovative
strategies for protecting water quality and public health during periods of drought.
More information about EPA's water research grants and recipients is available here.
[Hanson]
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Next week, U.S. EPA's Office of Air and Radiation (OAR) is expected to release its FY16-17
Grant Allocation Information for §105 grants. A state -OAR call is being planned following
release of this information. The date and time are still being finalized. The document,
announced in OAR's FY17 NPM addendum document, will be posted to the OCFO NPM
Guidance website. OAR still plans to meet the April 29 date for publication of the final
allocation.
If you have any questions, please contact Owen McAleer. [McAleer]
U.S. EPA Acting Deputy Administrator Stan Meiburg has announced the selection of
Mike Flynn to serve as Associate Deputy Administrator starting April 25. Flynn has a
broad program and management background with over 36 years of experience across
the agency. He has served as the Director of the Office of Radiation and Indoor Air in
OAR for the past six years. Flynn will work to advance various policy issues and assist
Meiburg in moving forward a range of management initiatives.
He succeeds Ben Scaggs, who returns next week to his permanent position as Director
of EPA's Gulf of Mexico Program next week. [Parisien]
ECOS is pleased to welcome Judith (Judy) Cummins as its Manager of Finance, overseeing
the accounting and finance operations. Judy, a CPA, has five years of state environmental
agency financial experience.
Most recently, she served as Senior Financial Advisor to the State of Washington
Department of Ecology with the fiscal group, where her duties included providing financial
data to all environmental programs and overseeing all audits. She previously worked for
the Alaska Department of Environmental Conservation handling the loan portfolio for the
State Revolving Loan Funds (SRF) and project audits. Judy also has served as the Co -
Chair at the SRF EPA/State Workgroup semiannual meetings and has represented both
states there on the workgroup for the past five years.
The association is pleased to tap into Judy's expertise. [Parisien]
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The Environmental Research Institute of the States (ERIS), the 501(c)(3) education and
research nonprofit that supports ECOS, has a new logo! It was selected and approved last
month by the ERIS Board. [Miller/Piper]
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On March 10, the Obama Administration and U.S. EPA announced the next step in
reducing emissions of methane from the oil and natural gas industry: moving to regulate
emissions from existing sources. The agency will begin with an Information Collection
Request (ICR), which will require companies operating oil and gas sources to provide
information that will assist in the development of comprehensive regulations to reduce
methane emissions. This ICR will enable EPA to gather important information on existing
sources of methane emissions, technologies to reduce those emissions, and the costs of
those technologies in the production, gathering, processing, and transmission and storage
segments of the oil and gas sector.
State, local, and tribal agencies are invited to join a webinar on April 5 at 3:30 - 5 p.m.
Eastern to learn more about the ICR process. Please use the webinar link and sign in with
your name and agency name. [Parisien]
•XEi�
On April 7 at 1 - 3 p.m. Eastern, the U.S. EPA Office of Grants and Debarment (OGD)
Till hold a webinar for ECOS members on its new sub -award policy. The policy establishes
the requirements and procedures for grants management and program offices in making
determinations regarding sub -recipient eligibility, overseeing pass -through entity
monitoring and management of sub -awards, and authorizing fixed amount sub -awards.
The policy applies to all grants awarded after March 29, 2016. Jim Drummond of OGD will
be the presenter.
The policy and appendices can be accessed here. To participate, use this webinar link
with call -in number [phone] and passcode [phone]. If you have any
questions about the webinar or the Sub -award Policy, please contact Owen McAleer.
[Graves/ McAleer]
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U.S. EPA, the Centers for Disease Control and Prevention/ Agency for Toxic Substances
and Disease Registry (ATSDR), and the U.S. Consumer Product Safety Commission will
host a webinar for government agencies on April 12 at 9 - 10 a.m. Eastern to share with
states information on Federal Research Action Plan on Recycled Tire Crumb Used on Playing
Fields and Playgrounds. This multi -agency action plan to study key environmental human
health questions includes numerous activities including research studies. By late 2016,
the agencies will release a draft status report that describes the findings and conclusions
of the research through that point in time. The report will also outline any additional
research needs and next steps.
More information on the webinar is available contacting Lisa. Matthews or Amy Scheuer.
[Hanson]
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U.S. EPA will host a webinar on April 20 at 3 - 4 p.m. Eastern to introduce state
environmental and health agencies, local governments, tribes, communities, and others to
the Community -Focused Exposure and Risk Screening Tool (C-FERST).
C-FERST is an online tool empowering communities to learn more about their
environmental issues and gather information and develop options for possible solutions. It
includes maps and tables with data on sources of pollution, environmental concentrations,
estimated exposures and potential risks, demographics, and community characteristics.
The tool also incorporates information about promising sustainable community solutions,
structured community guides, local maps and reports, fact sheet, and links to other public
health information sources and decision -making tools. With C-FERST, users can view
maps and community reports and access information on environmental public health
issues, such as air toxics, diesel exhaust, water pollution, and beach advisories.
To join the webinar, register here. The call -in number is [phone], with access code
2025646669. Please note that telephone lines are limited and will be muted during the
webinar. If you are unable to connect via phone line during the webinar, you will be able
listen through computer speakers.
This webinar is part of a series on research and tools from EPA's Office of Research and
Development. More information on these webinars is available at here or by contacting
Lisa Matthews or Amy Scheuer. [Hanson/ ORD]
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