Clean Water Act

January 14, 2025

PFAS in sludge spread on farmland poses health risks, EPA report says

By Shannon Kelleher and Carey Gillam

US regulators on Tuesday added to growing concerns about the long-standing practice of using sewage sludge to fertilize farmland, releasing a report warning that chemicals contaminating the sludge pose heightened human health risks for cancer and other illnesses.

The Environmental Protection Agency (EPA) said two types of hazardous per- and polyfluoroalkyl substances (PFAS) widely found in sewage sludge, a byproduct of wastewater treatment, can contaminate the milk, eggs and meat that come from farm animals raised on agricultural land where the sludge has been applied. Those “exposure pathways” are among multiple ways in which people can be at risk, the EPA said.

The agency focused on perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), two well-studied types of PFAS chemicals linked to testicular and kidney cancer as well as liver problems. The EPA last spring designated PFOS and PFOA as hazardous substances under the so-called Superfund law and announced the first legally enforceable limits for the two chemicals and four other types of PFAS in drinking water.

The EPA said that though the majority of US food crops are not grown with the use of sewage sludge as a soil conditioner or fertilizer, because of the “extreme persistence” of PFOA and PFOS in soils, land where sewage sludge was applied years ago may still be contaminated.

The agency’s draft risk assessment, which was made publicly available Jan. 14, said that “under certain scenarios and conditions,” land-applying or disposing of sewage sludge containing 1 part per billion (ppb) or more of PFOA or PFOS “could result in human health risks exceeding the agency’s acceptable thresholds for cancer and noncancer effects.”

November 14, 2024

US EPA enables polluting plastics plants by failing to update wastewater limits, report says

By Shannon Kelleher

Federal regulators have enabled US plastics plants across the country to dump dangerous chemicals into waterways by failing to update wastewater limits for over 30 years, according to a new analysis by a watchdog group.

While the Clean Water Act requires the US Environmental Protection Agency (EPA) to review wastewater discharge limits every five years to keep up with advances in water treatment technologies, the agency has not updated its guidelines for the plastics sector since 1993.

“Most folks don’t know that the plastics industry is not required to use modern wastewater treatment controls to limit the amount of pollution they pour into our waterways,” Jen Duggan, the executive director of EIP, said in a press call Thursday. “It’s long past time these plants clean up.”

In its analysis, the Environmental Integrity Project (EIP) focused on 70 plants that make raw plastics called “nurdles,” tiny pellets later used to make products such as water bottles, food containers and toy

Over 80% of the plants violated pollution limits in their permits at least once between 2021 and 2023, according to the report, yet the EPA only issued financial penalties to 14% of violators, the report found. The Chemours Washington Works plant in West Virginia received 115 violations over this period – more than any other plant studied – but was not issued any penalties by regulators, the EIP analysis found.

Additionally, 40% of the plastics plants are operating on outdated water pollution control permits, the study found.

The EPA said it is reviewing the report and would “respond appropriately.”

September 12, 2024

EPA battles environmentalists in court over regulation of CAFOs and water pollution

By Keith Schneider

A coalition of environmental organizations faced off against the Environmental Protection Agency (EPA) in federal appellate court on Thursday in the latest skirmish in a long-running battle over the agency’s regulatory approach to water contamination connected to industrial agricultural operations.

The groups, led by the nonprofit Food & Water Watch, told a three-judge panel of the 9th US Circuit Court of Appeals that the EPA must strengthen its oversight of what are known as concentrated animal feeding operations (CAFOs).

The agency is unlawfully allowing roughly half of the nation’s more than 20,000 big livestock and poultry feeding facilities around the country to operate without permits required under the 1972 Clean Water Act, the groups argued to the court. And, they said, the agency is violating the law by authorizing CAFOs to store and spread manure so haphazardly that the drinking water for millions of people is at risk as thousands of streams, lakes and other waterways are polluted with harmful bacteria, nitrates, phosphorus and other contaminants.

The agency has “failed” for more than a decade to adequately regulate these operations, Food & Water Watch lawyer Emily Miller told the court.

The hearing Thursday stems from a petition filed by Food & Water Watch and other groups in 2017 that called for the EPA to require CAFOs to obtain water quality permits and strengthen permit standards to protect waterways from the manure generated by the animal operations. The petition also urged the agency to reconsider an exemption that immunizes CAFOs from any water pollution caused by storms washing manure off of saturated fields.

The Trump administration ignored the petition. Last summer, the EPA formally denied the petition, but announced it would form a committee to recommend any changes in how the agency regulated CAFOs. Food & Water Watch, joined by four other national organizations and eight environmental groups from five states, then sued the EPA, demanding it reconsider its decision.

In the court hearing, EPA attorney Paul Cirino told the judges that the agency had initiated a detailed study of CAFO operations and pollution in January and established a study group last summer that is scheduled to issue recommendations on CAFO oversight next year. The new information, he said, would guide the agency’s actions about how to respond to the environmental groups’ concerns.

But Miller pushed back. “EPA has already spent seven years when it could have been taking its statutory mandate seriously,” she said. “Now they want some undefined amount of time thinking rather than acting.”

A court ruling on the matter could take months.

June 27, 2024

Rain-fed streams lacking federal protections are vital for water quality, study finds

By Shannon Kelleher

New data supports environmental advocates’ long-held position that small, rain-fed streams make major contributions to water quality in rivers and lakes across the US.

So-called “ephemeral streams,” which only flow after precipitation falls and are not currently protected under the Clean Water Act, contribute more than half of the water discharged from US regional rivers, according to the study, which published on Thursday in the journal Science. These streams are likely a major pathway for downstream water pollution, the study concluded.

The findings back concerns that a 2023 US Supreme Court decision in the case titled Sackett v. Environmental Protection Agency (EPA) may put many US waterways and communities living downstream at risk of exposure to pollutants. The ruling effectively removed federal protections for ephemeral streams and wetlands, narrowly defining “waters of the United States” as “relatively permanent, standing or continuously flowing bodies of water.”

The study provides “some scientific confirmation that pollution would flow significantly downstream from these smaller waterways,” said John Rumpler, clean water director and senior attorney for the organization Environment America.

“That’s a really important finding,” he said. “If polluters are allowed to dump into ephemeral streams with impunity and there’s no federal recourse, then downstream water quality can be dramatically impacted.”

The Supreme Court’s move to limit the Clean Water Act has been met with alarm by environmentalists and sharp criticism from the Biden administration, with President Joe Biden saying in a statement last May that it “upends the legal framework that has protected America’s waters for decades.”

A 2022 brief filed in the Supreme Court by 45 senators and 154 House members expressed support for more limited federal control in the Clean Water Act, siding with petitioners in the then-pending Sackett v. EPA case.

June 7, 2024

EPA enabled widespread contamination of farmland from PFAS in fertilizer, lawsuit alleges

By Shannon Kelleher

US regulators failed to prevent toxic PFAS in fertilizers from contaminating farmland across the country, alleges a lawsuit filed this week by a watchdog group on behalf of two Texas farm families who suffered health problems after their properties were polluted.

The Environmental Protection Agency (EPA) violated the Clean Water Act by failing to identify at least 18 per- and polyfluoroalkyl substances (PFAS) in treated sewage sludge spread on farmland even though scientific evidence suggests the chemicals are present in the sludge, according to the complaint filed June 6 in the US District Court for the District of Columbia by the nonprofit Public Employees for Environmental Responsibility (PEER).

The EPA also neglected to develop regulations restricting several other PFAS chemicals the agency has previously recognized exist in sewage sludge, according to the complaint. As a result of its inaction, the EPA has enabled “millions of acres” of land to become contaminated with PFAS-laced sewage sludge, exposing many communities to the harmful chemicals, the lawsuit alleges.

“PFAS poisoning of farmlands is fast becoming a national agricultural emergency,” PEER attorney Laura Dumais said in a press release. “EPA needs to act immediately to protect farmers and our food supply from this toxic mess.”

The EPA declined to comment.

PFAS are a class of nearly 15,000 human-made chemicals that have been linked to many health problems, including certain cancers and reproductive issues. These highly persistent so-called “forever chemicals” have been used for decades in consumer products, including non-stick cookware, food packaging, and industrial products, and are widely present in the environment.

December 15, 2023

EPA proposes tighter standards to slash slaughterhouse pollution

By Shannon Kelleher

Following a legal challenge from environmental groups, the US Environmental Protection Agency (EPA) on Friday proposed new standards aimed at reducing water pollution from slaughterhouses and meat processing plants. The move is the agency’s first such effort in two decades.

The EPA said its preferred option presented in the proposed rule could eliminate about 100 million pounds of water pollution generated by large slaughterhouse and meat processing plants each year.

The plan would put stricter limits in place for nitrogen in liquid waste that is directly discharged into waterways and would establish limitations for phosphorus for the first time. It would also establish the first pretreatment standards for oil, grease, and certain other pollutants. The standards would apply to about 845 of the 3,879 slaughter and meat processing facilities that discharge waste into US waters.

“It’s a very good step in the right direction,” said John Rumpler, senior clean water director for Environment America, a network of state environmental groups. “But by EPA’s own estimates they could be doing more to curb pollution from this sector,” he said.

The EPA said its plan “follows the latest science” and “would help protect the nation’s vital water resources, which support safe drinking water, agriculture, industry, recreation activities, and thriving communities, through the implementation of affordable and available wastewater treatment technologies.”

An alternative option proposed by the EPA would apply to the same 845 facilities, eliminating an estimated 228 million pounds of water pollution per year, according to the EPA. A third option would extend requirements to some smaller facilities, affecting almost twice as many facilities and eliminating an estimated 322 million pounds of pollution per year, the EPA said.

In addition, the EPA is proposing limits on E. coli bacteria in wastewater directly discharged into waterways, which can cause severe illness if consumed by humans.

July 24, 2023

Reporting project examines the scandal of US farm pollution

By Keith Schneider

There’s no way to describe farm-related nutrient pollution other than what it is – a national scandal.

A tiny minority of Americans, half of one percent, is grossly fouling the waters for tens of millions of others. Corn Belt crop farmers, and livestock and poultry producers – the heart of the rich and powerful $618 billion American farm sector – have virtually unlimited opportunities within state and federal law to pollute at will.

Crop producers, unregulated under the Clean Water Act, seek maximum production with no restriction on how much fertilizer they apply. Livestock and poultry producers, barely covered by the clean water law, treat farm fields as waste disposal zones for an ocean of untreated liquid manure and a mountain range of solid manure and poultry litter ripe with E.coli and other hazardous microorganisms. Polluting farm production practices, mostly overlooked by state environment departments, are defended by trade associations with lobbying offices in state capitals and allies from both parties in state legislatures and in Congress.

Since January I’ve been reporting the causes, consequences, and solutions to the farm sector’s assault on American waters with financial support from the Alicia Patterson Foundation, which also helped me secure a second grant from The Fund For Investigative Journalism. See the latest story here.

The project focuses on nitrate pollution in the Corn Belt and builds on expertise I gained reporting in 2022 for Circle of Blue on phosphorus pollution in Michigan and the Great Lakes states. Early reports from this year’s project have already been published in The New York Times, The Guardian, The New Lede, Circle of Blue, Minnpost, Investigate Midwest, Detroit Now, Michigan Radio, and my ModeShift blog.

To some extent, the tide of toxic nitrogen and phosphorus discharges from crop land and livestock operations is a well-recognized story not only in media, but also in government. Addressing it has resulted in an unsteady platform of responses over the last three decades held up by two of three legs.

The first is the considerable investment by states and the federal government in science. Billions of dollars have been spent on research and nutrient monitoring. America knows with great clarity the sources of nutrient contamination and the environmental, health, and economic damage it causes.

July 6, 2023

Poop pathogens threaten US beachgoers nationwide, study finds

By Shannon Kelleher

Beachgoers may be on the lookout for sharks and jellyfish, but one danger lurking beneath the waves this summer originated onshore — pathogens from human and farm animal waste. Over half of US beaches tested in 2022 harbored potentially unsafe levels of contamination, according to an analysis released today by the organizations Environment America Research & Policy Center and Frontier Group.

The study found that 1,761 out of 3,192 coastal and Great Lakes beaches tested across the country last year showed fecal contamination levels above an Environmental Protection Agency (EPA) benchmark on at least one day that year. 363 of the beaches showed potentially unsafe levels on at least a quarter of the days they were tested. Much of the contamination comes from stormwater runoff in developed areas, outdated and deteriorating sewage systems, and factory farming, the authors write.

Swimming in water contaminated with fecal bacteria can cause gastrointestinal and respiratory illness, as well as infections, according to the EPA’s website.

“If it [had] just rained the day before, that might not be the day to go to the beach, particularly if there are local sewage treatment plants that discharge anywhere [nearby],” said John Rumpler, Clean Water Director at Environment America Research & Policy Center and an author of the report.

Rumpler also advised checking real-time water quality data that many communities use to alert beachgoers before traveling to a favorite vacation spot.

April 27, 2023

EPA orders Chemours to address toxic PFAS near ‘Dark Waters’ town

By Shannon Kelleher

In the first-ever such enforcement action, the US Environmental Protection Agency (EPA) has ordered the chemical company Chemours to curb pollution from toxic chemicals its West Virginia plant dumps into the Ohio River.

While per-and polyfluoroalkyl substances (PFAS) discharged by the Washington Works facility have long plagued the nearby town of Parkersburg, the EPA said this is the first time it is leveraging the Clean Water Act to hold a company accountable for contaminating its surroundings with these toxic chemicals

“This order demonstrates that EPA will take action to safeguard public health and the environment from these dangerous contaminants,” EPA Mid-Atlantic Regional Administrator Adam Ortiz said in a press release.

PFAS are a large class of human-made compounds often called “forever chemicals” that break down slowly in the environment and build up in the body over time. Scientific evidence suggests PFAS are linked to risks for a range of cancers, birth defects, and other serious health problems. These dangerous chemicals have become widespread across the US, including in water sources.

Chemours is a spin-off of the chemical company DuPont, which has previously been found liable for cancer incidences tied to polluted the local water in Parkersburg. Attorney Rob Bilott famously exposed DuPont for sickening the community, a story depicted in the 2019 film ‘Dark Waters.’

Bilott is currently leading an ongoing nationwide class action suit against PFAS manufacturers on behalf of people across the US. A report by the Centers for Disease Control and Prevention suggests that 97% of Americans have PFAS in their blood.

The move by the EPA is an “excellent step,” said John Rumpler, clean water program director for the advocacy group Environment America. “But even more steps will be needed and we hope EPA takes them soon,” said Rumpler. “It is long past time for companies like Chemours to be held accountable under the Clean Water Act for releasing these toxic substances into our rivers, lakes and streams.”

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February 8, 2023

“A national scandal” – new US climate funding could make water pollution worse

By Keith Schneider

The $369 billion Inflation Reduction Act was applauded by a chorus of US organizations and activists enthusiastic about the generous funding earmarked for projects designed to mitigate harmful climate change and improve environmental health.

But some researchers and activists are raising concerns that several provisions of the new law will actually worsen a growing environmental disaster in the nation’s heartland by increasing the tide of farm-related pollution washing into waterways and groundwater.

The sweeping new statute, which includes more than $140 billion in incentives designed to promote renewable fuels and cleaner electricity generation, aims to slash greenhouse gas emissions 40% below 2005 levels by the end of the decade. But in its efforts to promote climate-friendly agriculture, it also promotes corn-fed ethanol refineries and manure-based energy production that could unintentionally supercharge fertilizer and fecal contamination.

The Great Lakes and Midwest regions face nothing short of a water quality emergency, say those on the frontlines. Farming-related contaminants have already fouled thousands of drinking water wells from Minnesota to Missouri, and virtually every waterway in Iowa is degraded with little regulation to rein in the pollutants.

“It’s already a national emergency and a national scandal,” said Emma Schmit, senior organizer in the Midwest for Food and Water Watch, an environmental advocacy group. “When we test our waterways, the main pollutants are E.coli and nitrates and phosphorus from agriculture. These are pathogens and contaminants that can cause serious issues for people. We’re about to give large corporate farms carte blanche to make it worse.”