Federal Water Tap, December 16: Coastal Groundwater Hazards

The Rundown

• Federal agencies publish reports on coastal groundwater hazards.
• White House science advisers submit their report on national groundwater security.
• EPA bans two hazardous chemicals that are often part of Superfund cleanups and designates a new Superfund site in the Upper Columbia River.
• The next Congress could use the Congressional Review Act to nullify rules finalized in the last months of the Biden administration.
• Supreme Court denies attempt to block federal coal ash disposal rules.
• Justice Department responds to sewage pollution from two Illinois cities.
• USAID seeks to improve water management in Pakistan.

And lastly, the White House holds its Tribal Nations Summit.

“To create a future of opportunity and dignity, we must also make sure every person has the freedom to drink clean water and breathe clean air. Tribal Nations and people have served as responsible stewards of our environment and natural resources for millennia — the original leaders. And over the past four years, we have then made it a priority to make sure you have the resources to continue your important work of leadership.” – Vice President Kamala Harris, speaking at the White House Tribal Nations Summit, an annual gathering initiated by the Biden administration. Also last week, the EPA finalized rules that will make it easier for states and tribes to gain the authority to oversee the Clean Water Act section that deals with disposing of dredged material into protected waters.

By the Numbers

$1.6 Billion: Community Change grants announced by the EPA for disadvantaged communities to build climate resilience and reduce pollution. One hundred and five applicants will receive funds, including the Black Belt Unincorporated Wastewater Program, which will install septic systems for Alabama homes that do not have functioning waste treatment.

3 Percent: Discount rate for fiscal year 2025 for the Bureau of Reclamation, an increase of 0.25 percent. The agency uses the discount rate when assessing costs and benefits for water projects. It’s a way to translate future dollars into current terms.

News Briefs

Chemical Phase Out
The EPA decided to ban all uses of TCE, a toxic solvent used in dry cleaning and degreasing. The agency is also banning consumer uses of PCE, another toxic solvent. It will allow certain industrial uses to continue.

The phase out will take place over several years. Both chemicals have been linked with drinking water contamination and Superfund cleanups.

Coal Ash
The Supreme Court denied a Kentucky utility’s attempt to block Biden administration rules for safely disposing of the toxic waste that remains after burning coal, The Hill reports.

The utility sought a temporary reprieve from the coal ash rules while a lawsuit against them is being heard in lower courts.

Sewage Lawsuits in Illinois
The Justice Department took two actions regarding sewage pollution in Illinois cities.

The DOJ announced a settlement in a lawsuit against Cahokia Heights for illegal overflows of its sewer system into waterways and basements. Some $30 million in improvements are being mandated. Lawyers for city residents argue that the timeline for fixes – up to 12 years for some repairs – is too slow.

The department also filed a new complaint against East St. Louis for illegal sewage overflows into the Mississippi River and Whispering Willow Lake.

Studies and Reports

Coastal Groundwater Hazards
Coastal fresh groundwater systems are in peril, according to two studies from federal researchers.

A NASA Jet Propulsion Laboratory study shows that coastal groundwater is likely to become saltier in many of the world’s non-polar regions. As much as 77 percent of these areas are expected to experience saltwater intrusion by the end of the century. This is due to twin forces: less water flowing into the ground and higher sea levels.

Hot spots for recharge-driven intrusion were the Arabian Peninsula and Western Australia; for sea-level-rise intrusion, Southeast Asia and the Gulf of Mexico. Mean inland movement of salty water was estimated to be 210 meters.

The study takes a high-level view of groundwater dynamics and does not incorporate groundwater changes due to pumping. The authors say the results provide a “pattern of vulnerability” that can inform more detailed local and regional investigations.

The second study, from the U.S. Geological Survey, examines coastal groundwater in the Southeast United States as a flood hazard.

Rising seas also lift groundwater levels, which can flood basements or surfaces.

Researchers found that 70 percent of the population of the Southeast Atlantic coast and $1 trillion in property value will be exposed to groundwater flooding if seas rise by one meter.

National Groundwater Security
The President’s Council of Advisors on Science and Technology submitted its report on national groundwater sustainability.

Acknowledging that the federal government plays a tiny role in groundwater regulation – primarily a state and local responsibility – the council instead focused on incentives for better management.

The report offers six major recommendations. Among them: an interagency working group for data collection and hydrologic modeling, a research and development agenda for groundwater quality and quantity, education and outreach, and workforce development.

The report also suggests a competitive grant program to spur innovation, and incorporating economic values of groundwater into a new federal system of natural capital accounting.

On the Radar

Congressional Review Act
With control of Congress and the Presidency changing hands in January, Republicans will be able to use the Congressional Review Act to nullify regulations that were finalized in the last months of the Biden administration.

The act allows a new Congress to review rules that were published in the previous 60 legislative days. The exact date won’t be known until the current Congress adjourns, but by some estimates, rules finalized after August 9, 2024, will be vulnerable.

Arnold and Porter, a law firm, made a list of rules that could be targets. Included are the revisions to the EPA’s Lead and Copper Rule, which require most lead service lines nationwide to be replaced in 10 years.

Pakistan Water Management
The U.S. Agency for International Development is seeking applicants for a $14-million, five-year grant to improve water management in Pakistan.

The grant targets three areas: flash floods in mountainous terrain, urban groundwater recharge, and water storage in rural communities.

Applications are due February 6, 2025.

New Superfund Site in Washington State
The EPA decided to list 35 miles of the Upper Columbia River, in northeastern Washington state, as a Superfund site.

Sediments in this stretch of river have been polluted with arsenic, lead, and other heavy metals from two smelters – Trail smelter, in British Columbia, and Le Roi smelter, on this side of the border.

Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.

Brett Walton

Brett writes about agriculture, energy, infrastructure, and the politics and economics of water in the United States. He also writes the Federal Water Tap, Circle of Blue’s weekly digest of U.S. government water news. He is the winner of two Society of Environmental Journalists reporting awards, one of the top honors in American environmental journalism: first place for explanatory reporting for a series on septic system pollution in the United States(2016) and third place for beat reporting in a small market (2014). He received the Sierra Club’s Distinguished Service Award in 2018. Brett lives in Seattle, where he hikes the mountains and bakes pies. Contact Brett Walton