Region 3

Alexa A. Cole
Bailey Law Group
Washington, D.C.
Acole@baileylawgroup.com

EPA Headquarters

A. On January 22, 2001, EPA issued its final standards and guidelines for discharges into waterways from oil and gas drilling operations that use synthetic-based drilling fluids. According to EPA, the expectation is that these new standards and guidelines will result in a reduction of annual discharges of pollutants: 1) into water – 118 million pounds per year; and 2) into air – 3,000 tons per year. They are also expected to reduce energy use by the equivalent of 200,817 barrels of oil and result in an annual savings of $48.9 million, with no adverse economic impact to drilling operators. For additional information on the Final Effluent Limitations Guidelines and Standards for Synthetic-Based Drilling Fluids go to: http://www.epa.gov/ost/guide/sbf/

B. On January 19, 2001, EPA proposed to establish four Special Ocean Sites. Special Ocean Sites "have outstanding environmental value, including prohibitions for new and expanded ocean development." According to an EPA press release, "for the first time, development activities such as mining, oil and gas exploration, and fish farming in federal ocean waters beyond three miles offshore would have to meet protective new standards under the Clean Water Act." The four sites are: 1) Flower Garden Banks, located off Texas; 2) Gorda Ridge-Blanco Fracture zone, located off Oregon; 3) Escanaba Trough of the Gorda Ridge, located off California; and, 4) Northern Right Whale Critical Habitat Areas, located off Massachusetts and the Florida/Georgia border. This proposal is designed to protect ocean sites of outstanding value, such as critical habitat, high value coral reefs, and hydrothermal vents. Also included in this proposal is the designation of all ocean areas outside of state jurisdiction, beyond three miles off shore, as "Healthy Ocean Waters." The designated areas must "meet 16 specific water quality criteria, in addition to other conditions necessary to support aquatic life and wildlife, recreational, and aesthetic values." For more information, go to: http://www.epa.gov/ow, under "What’s New."

Source: EPA, Headquarters Press Release, January 19, 2001, http://yosemite.epa.gov/opa/admpress/.

District of Columbia

A. In early January, the District of Columbia Water and Sewer Authority (WASA) received nine grants from the U.S. EPA totaling $73.5 million to improve sewage treatment and upgrade the water system throughout the District. The lion’s share of the grant money, $64.9 million, will go towards improving the Blue Plains Wastewater Treatment Plant. This treatment facility is the world’s largest advance treatment plant. The facility serves over two million people residing in the District, Maryland and Virginia. The money will be spent on replacing the liquid chlorine used for disinfection with sodium hypochlorite, increasing the number of sludge dewatering centrifuges, and improving the outdated headworks of the plant. These changes are expected to reduce the chances for accidental releases of gaseous chlorine into the surrounding area, improve the quality and acceptability of the resultant biosolids product for agricultural use and help improve the removal of objects interfering with the treatment process.

The remaining $8.6 million will be spent on upgrading the District’s water system. WASA will work to "improve the structural integrity of older water mains, eliminate the potential for accidental contamination of the drinking water, and install valves to facilitate repairs when necessary." With the addition of these nine grants, the U.S. EPA will have awarded a total of $468 million to the District of Columbia for improvement of drinking water supplies and wastewater treatment.

Source: EPA, Region 3, Press Release, January 4, 2001, http://yosemite.epa.gov/r3/press.nsf/

Maryland

A. On January 25, 2001, the Maryland Department of the Environment (MDE) announced its Final Determination to issue a strict new discharge permit to Bethlehem Steel Corporation. The final permit is the end result of an unusually high level of cooperative work between state and federal agencies, as well as environmental organizations and industry. The new permit is expected to drastically reduce pollutant discharges into the Chesapeake Bay. The stringent requirements include an 87 percent reduction in the discharge of metals and other suspended solids, a 3.7 million pound annual reduction in oil and grease pollution, as well as strict limits of concentrations of copper, lead, zinc, nickel, chromium and cyanide. The permit also includes pollution prevention and nutrient reduction requirements, and requires a thermal study of the discharge to Old Road Bay.

Source: Maryland Department of the Environment, News Release, January 25, 2001, http://www.mde.state.md.us/press/nr/

B. In December 2000, the Governor’s Oil Spill Prevention Advisory Committee issued its Final Report for addressing the concerns of the State of Maryland. The Final Report comes in the wake the April 7, 2000 spill into the Patuxent River – one of Maryland’s worst spills on record. After the spill an Oil Spill Prevention Advisory Committee was formed by the Governor and charged with four tasks: 1) to review and assess the adequacy of state and federal laws regarding oil transport, oil spill response and the protection of Maryland’s natural resources; 2) to assess the adequacy and preparedness of government agencies, the oil industry, regional organizations and private oil spill response contractors to prevent and respond to oil spills; 3) to identify and prioritize sensitive areas of risk that require immediate improvement; and 4) to provide recommendations to the Governor regarding these issues. The Final Report can be downloaded through the Maryland Department of the Environment website: http://www.mde.state.md.us/

Pennsylvania

A. On January 10, 2001, Governor Ridge announced the beginning of a $1.1 million project to protect the Great Lakes from the invasions of nuisance species and human pathogens. Unregulated ships apparently are the primary source for these invasions. According to recent studies, "more than 90 percent of the vessels entering the St. Lawrence Seaway declare ‘no ballast on board’" thereby avoiding regulation by local, state, provincial or federal governments. This project is the first to focus specifically on the aquatic animals, plants and human pathogens entering the Great Lakes on these unregulated vessels. It will "determine the threats that these vessels pose to the Great Lakes and examine the effectiveness of ballast water-management practices on short circuiting this pathway for biological invasions." For more information on the Great Lakes Protection Fund, which was created by the Council of Great Lakes Governors, visit http://www.dep.state.pa.us/

Source: Pennsylvania, Department of Environmental Protection, News Release, January 10, 2001, http://dep.state.pa.us/newsreleases/

Virginia

A. On January 12, 2001, the Virginia secretary of Natural Resources launched Virginia’s Clean Marina Program – a voluntary program designed to "address a broad range of issues related to the potential environmental impacts of marina operations." The project is funded through both state and federal agencies, and was developed with the assistance of private sector organizations. Incentives for participation include recognition as an "Environmental Enterprise," partnership with Businesses for the Bay, and other incentives offered by the Virginia Environmental Excellence Program. For more information, visit http://www.deq.state.va.us/coastal/marina.html/