SAB Review of Aquatic Life Benchmark for Conductivity in Central Appalachian Streams

The Science Advisory Board (SAB) has released their first draft review of EPA’s research into the water quality impacts of valley fills associated with mountaintop mining, and their Aquatic Life Benchmark for conductivity. In their draft review, the SAB supports EPA’s scientific research and agrees with EPA’s conclusion that valley fills are associated with increased levels of conductivity in downstream waters, and that these increased levels of conductivity threaten stream life in surface waters.

The SAB reviewed EPA’s draft report “A Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams,” which uses field data to derive an aquatic life benchmark for conductivity. The benchmark is intended to protect 95% of aquatic species in streams in the Appalachian region influenced by mountaintop mining and valley fills. To protect water quality, EPA has identified a range of conductivity (a measure of the level of salt in the water) of 300 to 500 microSiemens per centimeter (uS/cm) that is generally consistent with protecting life in Appalachian streams. The maximum benchmark conductivity of 500 uS/cm is roughly five times above normal levels.

Following the completion of the external peer review and review of public comments, the report will be revised and published as a final report.

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CEQ FOIA Request Procedures Amended

The Council on Environmental Quality (CEQ) has revised regulations governing the disclosure of information pursuant to the requests made under the Freedom of Information Act (FOIA). The regulations have also been updated to reflect CEQ's policy and practices.

The regulations provide for an online FOIA Requester Service Center and Reading Room; electronic FOIA requests; access to records published or released under FOIA in electronic format, provided the record is readily reproducible in that form or format; designation of a Chief FOIA Officer and FOIA Public Liaison; referral of requests to appropriate Federal agencies or consultation with another agency, if appropriate; review of requests in order of receipt; multi-tacking of FOIA requests based on the amount of time and work involved in processing requests; revision of CEQ's initial determination period from 10 days to 20 days, beginning on the date CEQ receives a written request; assignment of individualized tracking numbers for certain requests; tolling of the time limit for CEQ to act on a request; expedited processing of FOIA requests upon showing a showing of compelling need; CEQ consultations with a requester to determine if a FOIA request may be modified to allow for a more timely response, or to arrange an alternative time frame for a response; informing the requester of the volume of requested material withheld and the extent of deletions in records released in response to a FOIA request; increase in time for appeal from 45 to 60 days from the date of denial of a request; extension of the time limit to respond to a request in “unusual circumstances,” and aggregation of clearly related requests by a single requester or group of requesters.

CEQ's fee structure is also revised to include a method for computing fees based upon the classification of the requester and the base pay of the employee making the search, an increase of copying costs from $0.10 to $0.15 per page, and a provision for waiving fees.

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Hydraulic Fracturing Information Requests Issued

U.S. Environmental Protection Agency (EPA) has issued voluntary information requests to nine natural gas service companies regarding the process known as hydraulic fracturing. The data requested part of a broad scientific study now underway by EPA, which Congress in 2009 directed the agency to conduct to determine whether hydraulic fracturing has an impact on drinking water and the public health of persons living in the vicinity of hydraulic fracturing wells.
EPA is seeking information on the chemical composition of fluids used in the hydraulic fracturing process, data on the impacts of the chemicals on human health and the environment, standard operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted. EPA has requested the information be provided on a voluntary basis within 30 days, and has asked the companies to respond within seven days to inform the agency whether they will provide all of the information sought.

Hydraulic fracturing is a process in which water, sand and chemicals are injected at high pressure to extract oil and natural gas from underground rock formations. The process creates fractures in formations such as shale rock, allowing natural gas or oil to escape into the well and be recovered. During the past few years, the use of hydraulic fracturing has expanded across much of the country.

EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water. The initial results of the study will be announced in late 2012.

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Categorical Exclusions for Offshore Drilling Restricted

The Department of the Interior and Bureau of Ocean Energy Management, Regulation and Enforcement (BOEM) announced that the department will restrict its use of categorical exclusions for offshore oil and gas development to activities involving limited environmental risk, while it undertakes a comprehensive review of its National Environmental Protection Act (NEPA) process and the use of categorical exclusions for exploration and drilling on the Outer Continental Shelf.

Department of the Interior intends to conduct a new environmental analysis in the Gulf of Mexico that will help provide information to guide future leasing and development decisions. BOEM intents to complete a supplemental environmental impact statement for the Gulf.

The announcements follow the release of the Council on Environmental Quality’s (CEQ) report on the former Minerals Management Service’s NEPA program. The report was done in close consultation with Interior and BOEM which replaced the Minerals Management Service.

BOEM will issue a Federal Register notice announcing a formal process for the comprehensive review and evaluation of its use of categorical exclusions in relation to offshore oil and gas exploration and drilling activities. While this review is underway, BOEM will be using categorical exclusions on a more limited basis. For actions that potentially involve more significant environmental risk, Department of Interior officials intend to subject more decisions to environmental assessments.

When the review is completed, BOEM will announce a new approach to NEPA compliance that takes into account the joint recommendations included in CEQ‘s report, statutory and/or regulatory constraints, and other appropriate factors. This is consistent with the Council’s regulations directing all federal agencies to periodically review their NEPA policies and procedures.

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Dredging EIS On Missouri River Rejected By EPA

EPA has determined that the U.S. Army Corps of Engineers (USACE) Draft Environmental Impact Statement presents insufficient scientific information to support dredging permits allowing sand and gravel removal from the Missouri River. The USACE proposal would allow the removal of 11,615,000 tons per year of main channel river bottom material.

Under the National Environmental Policy Act and Clean Air Act, EPA is required to review the environmental impact of federal proposals. The Corps of Engineers will consider EPA’s comments as it prepares a final Environmental Impact Statement (EIS). The final EIS will contain the Corps’ preferred dredging amount.

According to EPA, dredging is one of several factors contributing to riverbed degradation. Riverbed degradation can threaten bank stability, erode levee foundations and eliminate adjacent wetlands. Dredging usually occurs in close geographic proximity to locations where the construction need is greatest, such as cities along the Missouri River including Jefferson City, Kansas City, St. Charles and St. Joseph, MO. Active commercial sand and gravel dredging in the lower Missouri River began in the 1930s largely to support construction and road building. Sand and gravel dredging removal has increased from 250,000 tons per year in 1935 to about seven million tons in recent years.

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