The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers largely revives a definition of “waters of the United States,” or WOTUS, coined during the Reagan-era, updated to accommodate limits the Supreme Court has placed on federal jurisdiction during the intervening 36 years. The latest definition is an effort to find a “durable” solution for protecting wetlands and streams — an issue that has been hotly debated since the Clean Water Act’s passage in 1972. The new rule would give federal protection to large waterways, like interstate rivers and streams and wetlands that are adjacent to them. Wetlands would be considered adjacent if they are connected to those larger waterways with “relatively permanent” surface water connections, or if they have a “significant” hydrologic or ecological “nexus” to those protected tributaries.

News

Spurred by regulators, 3M to phase out PFAS compounds

The Seattle Times – December 20

3M said last Tuesday that it will phase out its manufacturing of polyfluoroalkyl substances, better known as PFAS, and try to eliminate them from all 3M products within two years. The decision was made after EPA designated PFAS — which have been used in nonstick frying pans, water-repellent sports gear, stain-resistant rugs, cosmetics, and countless other consumer products since the 1940s – as hazardous substances under the federal Superfund law. While such designation is not an outright ban, it triggers reporting requirements to federal, state, or tribal officials if the amount of PFAS released into soil or water meet or exceed certain levels. EPA could then require environmental cleanups to protect public health and recover investigation and cleanup costs.

Los Angeles taps contaminated aquifers at Superfund sites to boost drinking water supplies

The Mercury News – December 27

Los Angeles is nearly finished with a $600 million project in the east San Fernando Valley that will turn contaminated groundwater from Superfund sites into drinking water for as many as 261,000 households annually. The three new treatment facilities, expected to become operational in the second half of 2023, will produce up to 87,000 acre feet, or roughly 28 billion gallons, of drinkable water during a typical year, according to the Los Angeles Department of Water and Power. The project is a major step toward achieving the city’s goal of obtaining 70% of its water from local sources by 2035, a move that will rein in the city’s reliance on imports, which currently supply about 90% of the city’s drinking water.

$36.5 million from Monsanto water pollution settlement headed to Bay Area cities, Alameda County

East Bay Times – December 21

Bayer, which acquired the now-defunct Monsanto in 2018, will pay $36.5 million to thirteen Bay Area cities and Alameda County after settling a class action lawsuit involving polychlorinated biphenyls, or PCBs, a chemical manufactured by Monsanto for various industrial and household uses. Between the 1930s and 1970s, Monsanto was the primary domestic manufacturer of PCBs, which seeped for decades into local storm water, sediment, rivers, streams, and lakes. The municipalities contended Monsanto knew of the chemical’s toxicity, yet continued to sell PCBs. The settlement includes thousands of other cities, counties, and port districts across the country, totaling $537.5 million in payouts.

Groundwater depletion is accelerating in the Central Valley

Los Angeles Times – December 22

Scientists have discovered that the pace of groundwater depletion in California’s Central Valley has accelerated dramatically during the last few drought years as heavy agricultural pumping has drawn down aquifer levels to new lows and now threatens to devastate the underground water reserves. The research, which was published this month in Nature Communications, shows that chronic declines in groundwater levels, which have plagued the Central Valley for decades, have worsened significantly in recent years, with particularly rapid declines occurring since 2019, some 31% greater than during the last two droughts.

Quemetco battery recycler in City of Industry to pay $2.3M fine, fix problems

Los Angeles Daily News – December 14

The operator of a lead smelter near Hacienda Heights, Quemetco, Inc., has settled a lawsuit brought by state environmental agencies and California Attorney General Rob Bonta involving 29 alleged violations of hazardous waste handling and excessive toxic air emissions. The company agreed to make improvements to its facility and pay $2.3 million to settle enforcement actions brought by the state Department of Toxic and Substances Control in 2018, according to a settlement approved by the Los Angeles Superior Court on December 13.

Court orders TJX Companies, Inc. to pay $2.05M for unlawful disposal of hazardous waste

KSBY – December 14

Under a stipulated judgment entered in Monterey County Superior Court, TJX, which owns approximately 340 T.J. Maxx, Marshalls, and HomeGoods stores in California, will pay $2.05 million for alleged unlawful disposal of hazardous waste. The multi-county lawsuit alleges that TJX improperly disposed of hazardous wastes (including aerosol cans, batteries, electronic devices, and cleaning agents) into its regular trash bins destined for municipal landfills, which are not authorized to accept any hazardous waste.

Contra Costa County investigates recent incidents at Martinez Refinery

NBC Bay Area – December 19

Contra Costa Health Services has recommended an independent investigation into emissions incidents at the Martinez Refining Co. in late November and early December. On the night before Thanksgiving, the refinery accidentally released 20 tons of spent catalyst, a powdery dust containing heavy metals that left cars covered in ash. In another incident on Dec. 9, the Martinez Refinery experienced a larger than usual flaring event.

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