EPA Seeks Additional Funds for 2001 Water Programs

March 1, 2000
The Environmental Protection Agency has proposed more spending for water programs in its $9.5 billion budget request for fiscal 2001. If Congress approves the plan, EPA also would add $384 million, or 11 percent, to its core environmental programs.

The Environmental Protection Agency has proposed more spending for water programs in its $9.5 billion budget request for fiscal 2001. If Congress approves the plan, EPA also would add $384 million, or 11 percent, to its core environmental programs.

EPA Administrator Carol Browner said the budget would provide $495 million for Clean Water state grants, including a $50 million increase to specifically address polluted runoff, which she called "the largest current threat to our nations water quality."

Browner said the budget includes $50 million for a program to improve water quality in the Great Lakes.

"Through this initiative, states and communities will be eligible for funds to improve water quality through stormwater pollution control, wetlands restoration, and remediation of contaminated sediment."

Browner also said, "We are stepping up our efforts to identify and restore polluted waterways by providing an additional $456 million in state grants for the administrations new Cleaner Waters Across America program.

"The program is aimed at waterways still in need improvements. Resources will be used to develop specific restoration plans for some 20,000 waterways across the nation."

Browner said the budget includes $800 million for the Clean Water State Revolving fund. EPA would give states the option of using 19 percent of their Clean Water SRF funds in the form of grants to fight polluted runoff.

The budget also proposes $250 million, up $50 million from last year, in grants to states for polluted runoff control projects.

MTBE contamination

Concerns over contamination of drinking water supplies by a gasoline additive are getting attention in Congress.

The 1990 Clean Air Act Amendments required the use of reformulated gasoline used in nine major U.S. urban areas with ozone pollution problems, and stipulated that it must contain 2 percent of oxygenates by weight. The most commonly used additives are MTBE and ethanol.

In some areas methyl tertiary butyl ether (MTBE) has fouled groundwater and states are pressuring legislators to require less MTBE use. Gasoline from leaking underground tanks has caused the MTBE contamination.

MTBE is highly soluble and travels faster and farther in water than other gasoline components. It has a turpentine-like taste and odor, so even small amounts of MTBE in water can make water unacceptable for drinking. Also, MTBE may pose a public health threat at high concentrations.

The American Water Works Association (AWWA) recently urged the Clinton administration to act on the MTBE issue.

Jack Hoffbuhr, AWWA executive director, said, "MTBE contamination presents a real and growing threat to the quality of our drinking water resources and public health.

"The large clean up costs and possible health risks associated with MTBE contamination demand immediate focus on ways to prevent it."

AWWA has estimated that water utilities may have to spend more than $1 billion nationwide to prevent, clean, and treat water supplies contaminated with MTBE.

Combined effort

An unusual coalition has been formed to lobby Congress for a staged reduction in MTBE usage. The American Petroleum Institute, the Northeast States for Coordinated Air Use Management (NESCAUM), the American Lung Association, and the Natural Resources Defense Council are joining forces.

The coalition wants Congress to repeal the mandate and lower the maximum MTBE content in gasoline in stages, giving refiners time to adjust. NESCHAUM urged a 50-75 percent reduction of MTBE over 4 years.

The groups also want Congress to clarify states powers to regulate MTBE and other oxygenates. More specifically, they want EPA to allow California to set oxygenate limits for its gasoline.

Janet Hathaway of NRDC said, "While there have been huge pollution reductions in smog and cancer-causing air toxics from the switch to RFG, Congress can no longer ignore the harm being done by gasoline and MTBE leaking into drinking water supplies.

"Oil refiners have the ability to produce gasoline that achieves just as much air pollution reduction without oxygenates such as MTBE, but the law currently mandates their use."

Mark Meteyer, APIs Fuels Team leader, said the law forces refiners to use twice the levels of oxygenates needed to achieve the same air quality benefits.

But the Oxygenated Fuels Association said, "Despite its key contribution to the nations enormously successful clean-burning gasoline program, MTBE has been unfairly singled out as a threat to groundwater. OFA believes that if you fix (leaking gasoline) tanks, you fix the problem."

Sen. Bob Smith (R-NH), the Environment and Public Works Committee chairman, supports an MTBE rollback and planned hearings soon on legislation.

Enforcement actions

Seven Louisiana companies have pleaded guilty in New Orleans U.S. District Court to charges that they conspired to violate the Clean Water Act.

The firms were Johnson Properties Inc., Johnson Utility Co. Inc., Utilities Management Services Inc., Seashore Utilities Inc., Seashore Utilities of Louisiana Inc., Thoroughbred Park Service Corp., and Tara Development Corp.

They admitted conspiring from 1991 to 1998 to improperly operate and maintain six wastewater treatment facilities located in and around Thibodaux and Houma, La.

The defendants also admitted concealing maintenance and operation violations by submitting false monitoring information to EPA and the Louisiana Department of Environmental Quality.

As part of the plea agreement, the defendants will pay a $4.36 million criminal fine and $165,000 in restitution to affected homeowners.

Justice said Glenn Kelly Johnson and Montell Watkins pleaded guilty to conspiracy to violate the Clean Water Act. Johnston also pleaded guilty to obstruction of justice. A third defendant, Carol Rowell, pleaded guilty to violating a Clean Water Act permit.

Johnson will serve 3 years in prison, pay a $500,000 fine, and pay $250,000 to homeowners who had sewage back up into their houses.

-- Spartan Technology Inc., Rio Rancho, N.M., will pay $1.65 million and clean soil and a plume of groundwater contaminated by wastes from its Albuquerque electronic components manufacturing plant.

Spartan and the Justice Department filed the settlement in Albuquerque U.S. District Court.

The company released trichloroethylene and trichloroethane, which EPA considers to be probable human carcinogens, into the soil and groundwater in amounts exceeding federal drinking water standards and state groundwater standards.

The affected groundwater is part of a group of aquifers that is the sole source of drinking water for the Albuquerque area.

The New Mexico Natural Resources Trustee, the State of New Mexico, the City of Albuquerque, and the U.S. government will split the $1.65 million.

Spartan will install a system to stop the flow of contaminants from the plant site to the off-site plume, remove contaminants from soils, and determine if the systems are restoring the groundwater.

Other cases

William Lee Slocum, Jr., of Youngsville, Pa., has pleaded guilty in Pittsburgh U.S. District Court to six counts of negligently violating the Clean Water Act when he operated the Youngsville Sewage Treatment Plant between 1983 and 1995.

The Justice Department said during that period there were repeated discharges of raw sewage and sewage sludge from the plant into Brokenstraw Creek, a tributary of the Allegheny River.

Slocum, a Pennslyvania state senator, directed the installation and use of a bypass gate which was used to discharge raw sewage, failed to ensure that the plants flow meter was providing accurate readings and failed to provide for the removal of sewage sludge from the plant on a regular basis.

Justice said as a result, about 3.5 million gallons of raw sewage and sludge were discharged into the creek.

Justice said Slocum could be sentenced to a maximum of 1 year in prison and/or a fine of $100,000 per count.

-- A federal grand jury has indicted Central Industries Inc. and its president Tam Etheridge for wastewater discharge violations that polluted the drinking water of Jackson, Miss.

Justice said Centrals rendering plant in Forest, Miss., discharged contaminants into Shockaloo Creek, a Pearl River tributary, between 1975 and 1995 in excess of its wastewater discharge permits.

A federal grand jury issued an indictment alleging 1,114 violations of the plants discharge permits between April and June of 1995.

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