Federal Water Tap, September 3: Government Lawyers Defend EPA Water Quality Standards in Supreme Court Case

The Rundown

• Federal lawyers respond to San Francisco’s objection to certain water quality standards for its wastewater treatment plant.
• Proposed new federal standards to protect workers from extreme heat include stipulations for drinking water.
• EPA internal watchdog will begin inquiry into U.S. Virgin Islands management capacity for water infrastructure funds.
• House subcommittee will hold a field hearing on the federal government’s response to the Maui wildfires.
• USGS researchers study how post-fire debris flows could affect reservoirs.

And lastly, cybersecurity researchers are developing a tool to protect hydropower dams from internet-based attacks.

“Think about the duration of a cyberattack and how much it could cost operators. If an attack shut down a hydro plant for five hours, it might cost you a huge amount of money as the operator, and it could affect flood control and local water supplies and ecosystems. This tool would potentially circumvent any of those issues by helping prevent the attack in the first place.” – Vivek Kumar Singh, senior cybersecurity researcher at the National Renewable Energy Laboratory. The lab is developing a cybersecurity tool for hydropower dams.

By the Numbers

5: States added to the federal government’s planning for large-scale solar development. The Biden administration updated a 2012 solar development plan that initially included six states. The new plan focuses solar development on 31 million acres.

News Briefs

EPA Responds in Supreme Court Water Pollution Case
Government lawyers defended the EPA’s water quality standards for a wastewater treatment facility in San Francisco, in a U.S. Supreme Court case that could change the implementation of the Clean Water Act.

San Francisco is challenging two water quality criteria that it claims are too “generic” and wants specific limits.

Lawyers for the EPA and Justice Department argued in a brief that legal precedent has established “narrative” limitations as a valid and complementary approach to pollution control. Numeric criteria “are one tool for protecting water quality,” the brief notes. But “they do not suggest that EPA is foreclosed from using other permit conditions as well.”

The lawsuit centers on San Francisco’s Oceanside treatment plant, which discharges treated wastewater to the Pacific Ocean via a 3.3 mile pipe. But during heavy rains, when the plant reaches capacity, untreated sewage is discharged at seven points closer to shore, leading to beach closures.

Heat Standards for Workers
OSHA, which regulates the workplace, is proposing new standards to protect workers from heat.

The standards include requirements for employers to provide cold drinking water that is “readily accessible.” Studies have shown that people are more likely to drink cold water than warm water, so the chance of dehydration decreases. Employers cannot charge workers for the water.

The rules would apply to outdoor and indoor workers in industries like construction and agriculture.

Public comments on the proposal are being accepted through December 30. Submit them via www.regulations.gov using docket number OSHA-2021-0009.

Studies and Reports

Post-Wildfire Debris Flows in California
After the fire, the deluge?

U.S. Geological Survey researchers contributed to two studies that assessed what happens in watersheds after a destructive wildfire.

One study is statewide, encompassing all fires in California larger than 100 square kilometers from 1984 to 2021. It found post-fire erosion generally occurring upstream of reservoirs, which could diminish storage capacity.

The other study is specific, an autopsy of the 2018 Carr Fire on Whiskeytown National Recreation Area, in the northern part of the state. The fire severely burned 90 percent of the rec area. The risk of debris flows in these burned areas remains high for a decade following a fire.

U.S. Virgin Islands Water Infrastructure
The EPA’s internal watchdog will begin an inquiry into the ability of the U.S. Virgin Islands to “manage and use” federal funds for water and wastewater infrastructure.

The goal of the Office of the Inspector General report is to identify weaknesses and deploy support so that federal dollars are used more effectively.

On the Radar

Maui Wildfire Hearing
On September 4, a House Oversight subcommittee will hold a field hearing to assess the federal government’s response to the Maui wildfires. The August 2023 disaster – whose many causes include a warming climate, land mismanagement, strong winds, and electric power lines – burned the historic town of Lahaina and killed more than 100 people.

Local Government Advisory Committee Meeting
The group that advises the EPA on matters related to local governments will hold a meeting on September 26 and 27, in Lincoln, Nebraska.

The agenda includes discussion on EPA’s proposed Water System Restructuring Assessment Rule, which is an attempt to encourage failing utilities to undertake administrative/structural change to deliver water that meets federal standards.

The meeting – both in-person and online versions – is open to the public. Register by September 12 by sending a message to LGAC@epa.gov.

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