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EPA Says Vermont Fails to Comply With Clean Water Act Through Inadequate Regulation of Some Farms

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Tuesday, September 10, 2024

Flaws in a Vermont program are preventing the state from controlling phosphorus discharges from certain farms, contributing to severe water quality problems in Lake Champlain and other bodies of water, according to a letter from the U.S. Environmental Protection Agency to state officials.The Monday letter to the secretary of the Vermont Natural Resources Agency says the program is failing to comply with the Clean Water Act. It directs the state to make significant changes in how it regulates water pollution from concentrated animal feeding operations, or CAFOs, which raise animals in confinement. There are 37 large and 104 medium CAFOs in Vermont, along with 1,000 small farms that might be considered such operations, according to the EPA. Two state agencies — Natural Resources and Agriculture Food and Markets — regulate agricultural water pollution in Vermont, which is where the problem lies, the letter states. The division of responsibilities "is interfering with the regulation of Vermont’s CAFOs and preventing Vermont from adequately addressing agricultural water quality,” wrote David Cash, EPA administrator for Region 1 in Boston. Excess phosphorus runoff from farms, roads and urban areas has fueled toxic algae blooms Lake Champlain, sometimes forcing the closure of beaches. Sources of excess phosphorus into lakes and waterways include fertilizers, leaking septic systems or discharges from wastewater treatment plants, according to the EPA. The EPA mandated that the state clean up Lake Champlain and in 2016 released new phosphorus pollution limits for the water body.In Monday's letter, the EPA concluded that the Agency of Natural Resources must be responsible for CAFO permitting, monitoring, and enforcement, which includes doing routine farm inspections, enforcing management plans for the placement of manure and other nutrients on fields, and administering discharge permits.Vermont Natural Resources Secretary Julie Moore said Tuesday that the agency takes its obligations under the Clean Water Act very seriously.“At the same time I think it’s really important to reflect that this is sort of about the operation and administration of government and should not be taken as a reflection on the work being done by farmers,” she said. The state has regulated farms through no-discharge permits issued by the Agriculture Agency, “so nothing is allowed to leave the farm," Moore said. The EPA is showing that there is evidence of occasional discharges from farms, often in response to severe weather, she said. The Conservation Law Foundation, the Vermont Natural Resources Council and the Lake Champlain Committee, an advocacy organization, petitioned the EPA in 2022 to take corrective action or withdraw its authorization of the program related to the regulation of CAFO farms. The foundation released EPA's letter on Monday, and Elena Mihaly, vice president of Conservation Law Foundation Vermont, said it's a step in the right direction. Similar concerns were raised in a 2008 petition filed by the Vermont Law School Environmental and Natural Resources Law Clinic that resulted in a corrective action plan in 2013 in which the state agreed to take steps to improve parts of its program, including its dealings with CAFOs, the letter states. It's clear that Vermont has not adequately addressed deficiencies in its CAFO program or complied with the requirements of the 2013 plan, Cash wrote in the letter to the state. “EPA has closely observed program operations in Vermont for well over a decade and despite having had ample time and opportunity to cure longstanding program deficiencies, many of which were outlined in the 2008 withdrawal petition, ANR has failed to do so,” Cash wrote. Vermont Agriculture Secretary Anson Tebbetts said the issue “really only deals with a handful of farmers” and “is more like a regulatory box that hasn’t been checked.”Farmers and the agency are and have been doing tremendous work in keeping pollution out of the lake and waterways, he said.“The evidence proves through some of the science, the people that are helping to solve the problem over the last decade or so are coming from the farm community,” Tebbetts said. “So the program with education, technical assistance, enforcement, inspections is working.”Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - July 2024

The U.S. Environmental Protection Agency says flaws in a Vermont program are preventing the state from adequately controlling phosphorus discharges from certain farms, which contribute to severe water quality problems in Lake Champlain and other bodies of water

Flaws in a Vermont program are preventing the state from controlling phosphorus discharges from certain farms, contributing to severe water quality problems in Lake Champlain and other bodies of water, according to a letter from the U.S. Environmental Protection Agency to state officials.

The Monday letter to the secretary of the Vermont Natural Resources Agency says the program is failing to comply with the Clean Water Act. It directs the state to make significant changes in how it regulates water pollution from concentrated animal feeding operations, or CAFOs, which raise animals in confinement.

There are 37 large and 104 medium CAFOs in Vermont, along with 1,000 small farms that might be considered such operations, according to the EPA.

Two state agencies — Natural Resources and Agriculture Food and Markets — regulate agricultural water pollution in Vermont, which is where the problem lies, the letter states. The division of responsibilities "is interfering with the regulation of Vermont’s CAFOs and preventing Vermont from adequately addressing agricultural water quality,” wrote David Cash, EPA administrator for Region 1 in Boston.

Excess phosphorus runoff from farms, roads and urban areas has fueled toxic algae blooms Lake Champlain, sometimes forcing the closure of beaches. Sources of excess phosphorus into lakes and waterways include fertilizers, leaking septic systems or discharges from wastewater treatment plants, according to the EPA.

The EPA mandated that the state clean up Lake Champlain and in 2016 released new phosphorus pollution limits for the water body.

In Monday's letter, the EPA concluded that the Agency of Natural Resources must be responsible for CAFO permitting, monitoring, and enforcement, which includes doing routine farm inspections, enforcing management plans for the placement of manure and other nutrients on fields, and administering discharge permits.

Vermont Natural Resources Secretary Julie Moore said Tuesday that the agency takes its obligations under the Clean Water Act very seriously.

“At the same time I think it’s really important to reflect that this is sort of about the operation and administration of government and should not be taken as a reflection on the work being done by farmers,” she said.

The state has regulated farms through no-discharge permits issued by the Agriculture Agency, “so nothing is allowed to leave the farm," Moore said. The EPA is showing that there is evidence of occasional discharges from farms, often in response to severe weather, she said.

The Conservation Law Foundation, the Vermont Natural Resources Council and the Lake Champlain Committee, an advocacy organization, petitioned the EPA in 2022 to take corrective action or withdraw its authorization of the program related to the regulation of CAFO farms. The foundation released EPA's letter on Monday, and Elena Mihaly, vice president of Conservation Law Foundation Vermont, said it's a step in the right direction.

Similar concerns were raised in a 2008 petition filed by the Vermont Law School Environmental and Natural Resources Law Clinic that resulted in a corrective action plan in 2013 in which the state agreed to take steps to improve parts of its program, including its dealings with CAFOs, the letter states.

It's clear that Vermont has not adequately addressed deficiencies in its CAFO program or complied with the requirements of the 2013 plan, Cash wrote in the letter to the state.

“EPA has closely observed program operations in Vermont for well over a decade and despite having had ample time and opportunity to cure longstanding program deficiencies, many of which were outlined in the 2008 withdrawal petition, ANR has failed to do so,” Cash wrote.

Vermont Agriculture Secretary Anson Tebbetts said the issue “really only deals with a handful of farmers” and “is more like a regulatory box that hasn’t been checked.”

Farmers and the agency are and have been doing tremendous work in keeping pollution out of the lake and waterways, he said.

“The evidence proves through some of the science, the people that are helping to solve the problem over the last decade or so are coming from the farm community,” Tebbetts said. “So the program with education, technical assistance, enforcement, inspections is working.”

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos You Should See - July 2024

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Helene’s health risks include contaminated water and mold: Doctors

Floodwater with sewage or other harmful contaminants in it can lead to infectious diseases, according to an epidemiologist.

(NewsNation) — As authorities in the path of Hurricane Helene continue to hunt for missing people, the dangers for those who survived the wind and flooding are many, including contaminated water and mold. “Symptoms from infection with waterborne pathogens can include gastrointestinal upset, diarrhea, nausea, vomiting, fever, and headache,” said Alasdair Cohen, an assistant professor of environmental epidemiology with the Virginia-Maryland College of Veterinary Medicine. The danger is worse for anyone with any sort of skin break, even a small scrape or a condition like eczema. “Floodwater with sewage or other harmful contaminants in it can lead to infectious diseases, particularly among people who are already ill, immunocompromised or have open wounds,” epidemiology professor Jennifer Horney at the University of Delaware wrote on the nonprofit news website The Conversation. In some regions, damaged water treatment plants may not be operational for weeks. A lack of power means that private wells, which require electricity to pump and filter the water, are not a reliable source of safe water. Another dangerous legacy of Helene’s rain and flooding is mold, which may be especially dangerous to people who rush to clean their homes of storm damage. “There are multiple health effects from mold exposure,” said Dr. Colin Swenson of Atlanta’s Emory University. “Probably the best known are those with asthma and other sorts of airway-based diseases,” he told The Atlanta Journal-Constitution. “Mold can enter your home through open doorways, windows, vents, and heating and air conditioning systems,” according to the Centers for Disease Control and Prevention. “Mold in the air outside can also attach itself to clothing, shoes, and pets (and) can and be carried indoors." The site offers several tips on how to clean mold but stresses that “if you see or smell mold, you should remove it. You do not need to know the type of mold. If mold is growing in your home, you need to clean up the mold and fix the moisture problem.” Swenson adds that while you might not see any mold, your sense of smell will tell the story. “The best single way to determine if you have mold in the home is ‘the nose knows’ that sort of musty odor that the mold gives off. These are volatile, organic compounds that can oftentimes predate the development of any visual signs,” he said.

Thousands without clean water across U.S. Southeast, 1 week on from hurricane hitting Florida

Hurricane Helene's abating floodwaters have enabled residents across storm-hit Southeastern states to return home, but health officials warn survivors now face threats including contaminated water and mold.The big picture: More than 180 storm-related deaths have been confirmed as teams search for missing people, thousands of people still have no power and are without clean water access one week on from the hurricane making landfall in Florida and dumping flooding rains across the Southeast.Critical materials like new water pipes continue to arrive in Asheville and are in the process of being connected to our water service system. We are grateful to our state, federal and private sector partners for their critical assistance. pic.twitter.com/myR19mHbbD— City of Asheville (@CityofAsheville) October 2, 2024 "Access to safe and potable water remains a top concern in Western North Carolina," per a Tuesday statement from the N.C. Department of Health and Human Services that noted about 160 boil water advisories were in effect and 27 water plants closed and not producing water due to the storm. Asheville's nearly 100,000 residents may have to wait "weeks" for clean water, city officials said. Meanwhile, boil water and conservation notices were also in effect in Florida, Georgia, Tennessee and Virginia. Thousands of people were estimated Threat level: "Access to clean water is one of the most urgent health concerns after a flood. People need water for drinking, preparing food, cleaning, bathing, even flushing toilets. Contact with contaminated water can cause serious illnesses," wrote disaster epidemiologist Jennifer Horney in The Conversation on Wednesday."Floodwater with sewage or other harmful contaminants in it can lead to infectious diseases, particularly among people who are already ill, immunocompromised or have open wounds," added Horney, who's originally from N.C. and now works as an epidemiology professor at the University of Delaware.Symptoms from infection with waterborne pathogens "can include gastrointestinal upset, diarrhea, nausea, vomiting, fever, and headache," according to a statement from Alasdair Cohen, an assistant professor of environmental epidemiology with the Virginia-Maryland College of Veterinary Medicine.Floodwaters pose risks like gastrointestinal illness, dehydration, and carbon monoxide poisoning from improper generator use, per a statement from Julia Gohlke an associate professor in the Department of Population Health Sciences at the Virginia-Maryland College of Veterinary Medicine. "Pregnant women face an increased risk of premature labor or preterm birth, and long-term mold exposure can exacerbate asthma."The bottom line: "Flooded regions will need long-term help," Horney notes.More from Axios:Hurricane Helene damages could hit $35 billionStudy reveals thousands of long-term deaths from hurricanesView from space shows path of power outages from Hurricane Helene

Hurricane Helene's abating floodwaters have enabled residents across storm-hit Southeastern states to return home, but health officials warn survivors now face threats including contaminated water and mold.The big picture: More than 180 storm-related deaths have been confirmed as teams search for missing people, thousands of people still have no power and are without clean water access one week on from the hurricane making landfall in Florida and dumping flooding rains across the Southeast.Critical materials like new water pipes continue to arrive in Asheville and are in the process of being connected to our water service system. We are grateful to our state, federal and private sector partners for their critical assistance. pic.twitter.com/myR19mHbbD— City of Asheville (@CityofAsheville) October 2, 2024 "Access to safe and potable water remains a top concern in Western North Carolina," per a Tuesday statement from the N.C. Department of Health and Human Services that noted about 160 boil water advisories were in effect and 27 water plants closed and not producing water due to the storm. Asheville's nearly 100,000 residents may have to wait "weeks" for clean water, city officials said. Meanwhile, boil water and conservation notices were also in effect in Florida, Georgia, Tennessee and Virginia. Thousands of people were estimated Threat level: "Access to clean water is one of the most urgent health concerns after a flood. People need water for drinking, preparing food, cleaning, bathing, even flushing toilets. Contact with contaminated water can cause serious illnesses," wrote disaster epidemiologist Jennifer Horney in The Conversation on Wednesday."Floodwater with sewage or other harmful contaminants in it can lead to infectious diseases, particularly among people who are already ill, immunocompromised or have open wounds," added Horney, who's originally from N.C. and now works as an epidemiology professor at the University of Delaware.Symptoms from infection with waterborne pathogens "can include gastrointestinal upset, diarrhea, nausea, vomiting, fever, and headache," according to a statement from Alasdair Cohen, an assistant professor of environmental epidemiology with the Virginia-Maryland College of Veterinary Medicine.Floodwaters pose risks like gastrointestinal illness, dehydration, and carbon monoxide poisoning from improper generator use, per a statement from Julia Gohlke an associate professor in the Department of Population Health Sciences at the Virginia-Maryland College of Veterinary Medicine. "Pregnant women face an increased risk of premature labor or preterm birth, and long-term mold exposure can exacerbate asthma."The bottom line: "Flooded regions will need long-term help," Horney notes.More from Axios:Hurricane Helene damages could hit $35 billionStudy reveals thousands of long-term deaths from hurricanesView from space shows path of power outages from Hurricane Helene

Hurricane Helene leaves thousands without clean water in its wake

Damage to sewage systems and pipes means widespread boil water notices and conservation orders could last weeksHurricane Helene left a path of devastation behind, with storm-ravaged areas struggling to access safe water for days because flooding damaged sewage systems, wastewater treatment plants, and pipes that deliver drinking water to residents in the affected areas.Boiling water advisories and water conservation orders are in place in counties in Florida, Georgia, Tennessee and Virginia. Continue reading...

Hurricane Helene left a path of devastation behind, with storm-ravaged areas struggling to access safe water for days because flooding damaged sewage systems, wastewater treatment plants, and pipes that deliver drinking water to residents in the affected areas.Boiling water advisories and water conservation orders are in place in counties in Florida, Georgia, Tennessee and Virginia.More than 160 boil water advisories were in effect in North Carolina as of Tuesday. On Sunday, officials in Asheville said that nearly 100,000 residents may not get access to water for weeks.“Extensive repairs are required to treatment facilities, underground and aboveground water pipes, and to roads that have washed away which are preventing water personnel from accessing parts of the system,” the city’s press release read.Some residents have resorted to bathing in creeks, and relying on water from streams to flush toilets, according to the Washington Post.Sydney Evans, senior science analyst at Environmental Working Group, said that “after catastrophic storms like Hurricane Helene, many water systems and private wells are compromised by dangerous contamination like bacteria and other pathogens, industrial pollutants and animal waste that pose an immediate threat to people’s health”.Many in the affected areas, particularly in the Appalachian region, rely on wells that require electricity to access drinking water. But in the aftermath of Helene, which made landfall last Thursday, more than 1 million people remain without power.“Now there are so many additional potential contaminants that may be present in water sources, especially water systems that use surface water,” Elin Betanzo, drinking water expert and president of Safe Water Engineering, said.“Boiling water is effective for addressing acute microbial contaminants, but this might be very difficult with the lack of power in many locations.”Betanzo added that camping drinking water filters and treatments may be another option in the short term.

Honeywell will fund cleanup of contaminated groundwater in San Fernando Valley, EPA says

The EPA said the facilities will treat groundwater in a part of the San Fernando Valley Superfund site, enabling the LADWP to use the water as part of its supplies.

Decades ago, chemicals from manufacturing plants seeped into the groundwater in the San Fernando Valley, contaminating the aquifer. As part of ongoing cleanup efforts, the federal Environmental Protection Agency has announced that the company Honeywell International Inc. has agreed to pay for building water treatment facilities in North Hollywood.The EPA said the facilities will treat groundwater in a portion of the San Fernando Valley Superfund site, enabling the Los Angeles Department of Water and Power to use the water as part of its supplies.The agency said in its announcement Tuesday that the agreement was reached after more than a decade of negotiations and that it “resulted from a cooperative process” involving the company, the EPA and LADWP.LADWP had previously announced in 2021 that Honeywell was funding and building treatment facilities to clean up groundwater in the San Fernando Valley.According to the EPA, Honeywell’s predecessors manufactured aircraft parts and other industrial equipment starting in the 1940s at a facility in North Hollywood known as the Bendix site. Regulators determined that operations at several industrial plants, including that site, caused the contamination of groundwater in a part of the Superfund site called the North Hollywood Operable Unit.The groundwater in the area is contaminated with harmful chemicals including trichloroethylene and perchloroethylene.Under the agreement, contaminated groundwater will be pumped, treated and delivered to LADWP. The purified water will be enough to meet the needs of about 144,000 L.A. residents, restoring a local source that will help boost local supplies, the EPA said.Martha Guzman, the EPA’s Pacific Southwest regional administrator, said the announcement “marks major progress on the cleanup of groundwater in the San Fernando Valley.”“This is a key step towards returning the aquifer to use as a drinking water source for the people of Los Angeles,” Guzman said.

Hillsboro voters will advise city whether to add fluoride to water supply

Fluoride is widely used to strengthen tooth enamel, but opponents say it can hurt children’s neurological development.

Hillsboro voters this fall will advise the city whether to add fluoride to the public water supply, weighing in on a mineral that’s widely used to strengthen tooth enamel but that opponents say can hurt children’s neurological development.Hillsboro pediatrician Beth Mossman spearheaded the effort to have city residents vote on the addition of fluoride. In June, the City Council approved placing non-binding advisory Measure 34-338 on the November ballot to ask for the community’s opinion on fluoridation.The measure has brought the fight over fluoride’s health impacts to the forefront. Arguments largely mirror those that erupted in Portland 11 years ago when a similar, highly controversial proposal appeared on the ballot. Voters ultimately rejected it 61% to 39%.Fluoride is added to drinking water in most U.S. water systems to help protect people’s teeth from decay. About 15,000 Hillsboro residents already receive fluoridated water from the Tualatin Valley Water District, which supplies areas east of Cornelius Pass Road and north of U.S. 26. But the remaining 92,000 city residents receive their water from the Hillsboro Water Department, which does not fluoridate the water.Should Measure 34-338 pass, Hillsboro Water Department Director Niki Iverson said her agency would follow the non-binding guidance and fluoridate the rest of the city’s water supply, unless regulations change or costs skyrocket. The department would spread the anticipated costs of around $4 million over at least four to five years and delay non-urgent projects to avoid raising rates, Iverson said.In addition to providing water to most Hillsboro residents, the department also serves the communities of Gaston and Cornelius.Organizations including the Centers for Disease Control and Prevention consider fluoride safe at low concentrations, and in most of the U.S., it’s added to drinking water at a concentration of 0.7 milligrams per liter. A notable exception is the city of Portland, the largest city in the U.S. without fluoridated water.Opponents of fluoridation point to a growing body of research showing that fluoride can have adverse effects on children’s IQ. And the Hillsboro vote is coming just as anti-fluoridation advocates notched a major win: A federal judge in San Francisco ruled Tuesday that the Environmental Protection Agency must further regulate fluoride in drinking water out of concerns about intellectual development.In Mossman’s eyes, adding fluoride to Hillsboro’s water is crucial for the tooth health of local children, including her patients. Her advocacy group, Healthy Teeth Hillsboro, has raised about $6,500 to support the measure, campaign finance records show.Last summer, Mossman saw two young children whose teeth had deteriorated to the point that their parents had to sell their car to pay for dental care. They lived less than a mile from homes that receive fluoridated water, she said. And if they’d lived across that border, she thinks their teeth wouldn’t have deteriorated so much.“So I got fired up,” Mossman said. “I went to the City Council, and I said, ‘Please help me with this. There’s no reason Hillsboro should not be fluoridated.’”To Mossman, opposing fluoridation is akin to embracing the anti-vaccine movement. Opponents of the measure, however, argue that fluoride poses too great a health risk to countenance.“What level of hazardous material do we want to put into any water supply?” asked Hillsboro resident Matthew Sztelle, the director of advocacy group Clean Water Hillsboro, which has raised about $5,500 to oppose the measure.Staci Whitman, a pediatric dentist in Portland who works with Hillsboro patients, agreed. She used to support fluoridation, but more than 10 years ago, she dove into the research and changed her mind. She no longer prescribes fluoride supplements for kids drinking non-fluoridated water, she said, because she doesn’t think the benefits of fluoride for teeth outweigh concerns that it could reduce children’s IQ.“Brain health trumps teeth,” Whitman said.No one disputes that at high concentrations, fluoride can have adverse health effects. High, sustained exposure can lead to skeletal fluorosis, a serious bone disease. And a recent meta-analysis by the federal government’s National Toxicology Program found an association between higher fluoride levels of 1.5 milligrams per liter or above and lower IQ. It noted, however, that it had insufficient data to draw conclusions about the impacts of drinking fluoridated water at 0.7 milligrams per liter.Jessica Steier, a Massachusetts-based public health scientist and founder of the podcast Unbiased Science, pointed out that the government report looked at fluoride levels significantly higher than what’s added to the water in the U.S. She said she does not consider standard fluoridated water a cause for concern: “There is absolutely no reason to panic.”But Ashley Malin, who researches the effect of fluoride exposure on neurodevelopmental outcomes at the University of Florida, said adverse effects can occur even at 0.7 milligrams of fluoride per liter. In particular, studies in areas with typical levels of water fluoridation have found associations between higher fluoride levels in pregnant women and lower IQ for their children, she said.“There are growing concerns now, particularly about the impacts on child development,” Malin said. “People are becoming more cautious.”Moreover, Malin said research generally shows that fluoride is best at preventing tooth decay when applied topically — for example, via a fluoridated toothpaste. She described the evidence for benefits from ingesting fluoride as weaker, though the American Dental Association supports the use of both topically applied and ingested fluoride. Steier said the data are mixed, but pointed to research, including a 2018 federal government-funded study, that showed ingesting fluoride does provide benefits for children.Opponents of fluoridation in Hillsboro argue that taking fluoride should be a question of choice. If individual people want to use fluoride for tooth health, they should take supplements or use fluoride toothpaste rather than putting it in the entire city’s drinking water, said Sztelle of Clean Water Hillsboro.But to Mossman, leaving fluoride out of the water supply poses an equity issue. Wealthy parents might be able to take their children to the dentist regularly and provide them with fluoride supplements, but lower-income parents working multiple jobs can’t always afford preventative dental care or ensure their kids have access to fluoride.Fluoridation has a long history of contention in the Portland area. Portland voted to fluoridate in 1978 but overturned that vote two years later. In Washington County, Beaverton, Forest Grove and the Tualatin Valley Water District — minus the Metzger Water District — fluoridate their water.Hillsboro, meanwhile, hasn’t voted on fluoridation since the 1950s. In 1952, residents voted in favor of adding fluoride before rejecting that decision in another vote just one year later. A community group pushed for fluoridation in 2002, but faced opposition. No vote took place then, Iverson said, and she’s not sure how public sentiment has shifted over the past 70 years.“We don’t want to make a shift without really getting that information back from the community,” Iverson said.— Aviva Bechky covers politics and education for The Oregonian/OregonLive. They can be reached at abechky@oregonian.com or on X at @avivabechky.Our journalism needs your support. Subscribe today to OregonLive.com.

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