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State Water Board fires a loose cannon at an unfortunate staffer

By Boutris Wittfogel

 

At a recent regularly scheduled meeting the State Water Board considered a revision to the list of impaired water bodies. Known as the “303d List,” a citation to the section of the Clean Water Act that requires the list be updated every two years, the list identifies the who’s who of polluted waterways and what they are polluted for. A cascade of consequences results from placement on (and de-listing from) the 303d List including restrictions(known as a “total maximum daily load” or “TMDL”) on what can be dumped into the waterway. Identifying an appropriate TMDL for each waterway is a time consuming and costly process, one the State Water Board is woefully behind in completing. In at least one case, the absence of a TMDL for a 303d List impaired waterway requires an outright ban in dumping anything into the waterway. Clearly, the bi-annual 303d List generates significant scrutiny and attention.

But that’s not how it went at the State Water Board meeting. Apparently, internal documents used to prepare Board Members for meetings indicated that the 303d List item was “uncontroversial.” Oops.

Then the calls came in. Prior to the meeting, alarms were sounded, calls were made, letters were drafted, backdoor channels were employed – Board members were embarrassed. This set the stage for an appalling and shameful display of rhetorical outrage by some State Water Board Members. Board Member Baggett stormed off the dais whilst Member Doduc chastised staff, the brunt of which was absorbed by a highly respected staff scientist staring down the barrel of minimum wage. It was a public drubbing of the shallowest order.

The State Water Board should be embarrassed for the way they treated staff, especially the staff scientist. All State Water Board members have been around long enough to know the 303d List is pretty important and going to engender lots of interest; there was no cause for surprise no matter what box was checked on those forms. All State Water Board members had the opportunity to question the internal forms indicating the item was “non-controversial.” Each Board member had ample time to identify the responsible parties and mete out appropriate retribution behind closed doors. But that’s not how it went at the State Water Board meeting.

If they have any sense of shame, the State Water Board should atone for these antics by offering the staff scientist a public apology. If they insist on blaming staff for the “Great 2010 303d List Blunder”, rather than accepting their own culpability, they should seek out the actual middle manager responsible for checking the “non-controversial” box on the internal form for discipline. But that’s not how it goes at the State Water Board.
 

Suit Filed to Reverse One of the Biggest Ripoffs in California History

BAKERSFIELD, Calif.— A coalition of farmers, sportfishing interests and environmentalists filed suit today seeking to have the Kern Water Bank returned to state control. The water bank, a massive underground reservoir in Kern County built by the state’s Department of Water Resources, was illegally gifted to powerful corporate agribusiness interests and real-estate speculators as part of the controversial "Monterey Plus Amendments" to the State Water Project system.  READ MORE »

An editorial from the Monterey County Herald newspaper

Let's return for a moment to last spring, when doom and gloom descended on the San Joaquin Valley in the form of water-allotment reductions that, we were told, would bankrupt the farmers, idle the workers and turn the region into a modern dust bowl.

Perhaps you remember when TV commentator Sean Hannity, with ample PR help from the huge Westlands Water District, went on the air with a series of heart-tugging stories about how farms and jobs were being lost because wrongheaded environmentalists and federal officials were diverting "valley" water to protect insignificant smelt and salmon.

TO READ MORE CLICK HERE: http://www.montereyherald.com/editorials/ci_15383887
 

Why Should We Care About Water?

This is an article from thereeftank.com's website that did a feature on me. Follow the link here to read more:

The Delta Toilet Bowl

 

More on the Delta toilet bowl
 
By Boutris Wittfogel
 
 
It is disappointing to watch the Sacramento County Regional Sanitation District (Sac Regional) tirelessly refute all claims that its ammonia-laden wastewater might be harming fish.  Why not solve the problem instead? 
 
Concerns about ammonia are not without merit.  Way back in 1986, the Environmental Protection Agency identified ammonia as being toxic to fish, both in the short term (acute) and through periods of long exposure (chronic).  In its benchmark manual, known as the Gold Book, EPA makes it clear that toxic acute concentrations of ammonia “may cause loss of equilibrium, hyperexcitability, increased breathing, cardiac output and oxygen uptake, and, in extreme cases, convulsions, coma, and death.”  This makes sense.  Think about how you feel when you get a little too close to the Windex.
 
At lower concentrations (chronic), according to the Gold Book, “ammonia has many effects on fishes, including a reduction in hatching success, reduction in growth rate and morphological development, and pathologic changes in tissues of gills, livers, and kidneys.”  Think about how you might feel after washing windows all day taking a little bit of the Windex in with each breath. 
 
As with those who attempt to downplay the extent of climate change, Sac Regional is not completely off-base in insisting that ammonia work be based upon “sound science.”  The Gold Book is clear that the science of ammonia can be tricky and involves other parts of chemistry such temperature, pH, river flow, and other complicated scientific principles.   
 
Then again, Occam’s Razor cannot be ignored.
 
We know ammonia kills fish, and most other things that live in rivers.  We know the northern part of the Delta, just downstream of Sac Regional’s outfall is prime delta smelt rearing habitat.  Anyone who has used Windex knows that stuff cannot be good for you.   
 
I recognize Sac Regional is caught up in a larger debate about Delta management, and it is well known that other interests look to scapegoat others in hopes of advancing their own agendas. That is basic politics.  But this is not an “either/or” situation, everyone must live up to their responsibilities.  Exports from the Delta continue to cause tremendous damage to the fisheries and pesticides continue to wreak havoc on the ecosystem, the Army Corps continues to dredge up legacy mercury in river beds.  But none of these or other issues absolve Sac Regional of its ethical responsibility and imperative duty to solve its problems.    
 
Most disappointing is Sac Regional’s short-sighted interpretation of its own mission to “...protect public health and the environment through reliable and safe ... treatment and disposal of wastewater in the most cost-effective manner possible, now and into the future.”  We know how to remove ammonia from wastewater.  In order to graduate, engineering schools across the nation require students to understand the basics of ‘nutrient removal.’
 
Sac Regional officials are often quoted as saying the required changes would coast one billion dollars to implement.  It is possible it might take one billion dollars to remove the nutrients.  But what I would really like to know is since 1986, how much Sac Regional has spent on lobbyists, politicians, trade group memberships, public relations, and consultants resisting doing what all of this year’s graduating engineering students know they should be doing -- removing nutrients.


 

Myths and Facts about land fallowing in the western San Joaquin Valley

To read the attached pdf file click here:

More Random Musings..

 

RANDOM MUSINGS
 
BY BOUTRIS WITTFOGEL
 
 
 
  1. The State Water Resources Control Board heard the Once-Through-Cooling Policy this past week. This was a big item, five years in the making and garnering upwards of 9,000 comment letters, including a form letter apparently replicated 7,000 times. The list of commentators was diverse, including a letter of concern from nine legislators.
 
An impressive group of advocacy groups sent an alarming letter calling the draft OTC policy “...a marked step backwards from previous versions that it not only fails to meet the letter and intent of the Clean Water Act.... [and] is extremely disappointing after almost five years of hard work by all parties involved to see such significant changes, many of which ignore progress and agreements made to date.” While interests on the ‘other side’ did not exactly hail the draft policy, most like Dynergy, RRI Energy, and Pacific Gas & Electric, acknowledged ‘improvements’ to the draft policy. Translation... Score: energy companies 1, everyone else 0.
 
Dramatic eleventh-hour “significant changes,” on something this controversial are wholly out of character for the group-think Water Board culture. Considering the history of influence energy companies exert in California government, it would be no surprise if the “significant changes” noted by the advocacy group did not originate from within the Water Board. “Significant changes” of this nature tend to originate from the highest reaches of the Executive; think Cal-EPA or the Governor’s office.
 
  1. In another controversial action, the Central Valley Regional Water Quality Control Board adopted a total maximum daily load for control of methylmercury and total mercury in the Delta. Mercury and its evil sibling, methylmercury are complex issues; only time will tell if this was a good decision by the Regional Board. I hope it was, but disturbing letters like this one do not bode well for my hopes.
 
Those of us from the environmental justice communities who had been left out of the earlier processes concur with Andria comments below. The draft resolution contains language that misleads the reader and public into believing this process was a collaborative effort that included EJ communities when it was not. Various EJ communities have and continue to voice their concerns of being excluded in activities and processes with the development of the document, processes and numerous previously held meetings where we were excluded.People for Children’s Health an Environmental Justice
 
It is very difficult to escape the realities of decisions made by a captured regulatory agency. That is, unless you are the beneficiary of the captured regulatory agency, a notion that Sacramento Regional County Sanitation District did not dispute
 
  1.  May 18 is the supposed deadline for wastewater plants to satisfy the California Toxics Rule, is imminent. Over the past few years, the Central Valley Regional Board instituted a parliamentary gimmick of splitting permits into two parts – a permit and a compliance schedule. It is, in part, meant to delay implementation of the May 18 deadline. Apparently, we will find out after May 18if the gimmick will withstand legal scrutiny. The guess here is that only a handful of wastewater plants in the state, half a dozen or fewer, could satisfy the California Toxics Rule on May 18 if administered without gimmicks. Sacramento Regional County Sanitation District’s wastewater plant is not one of them.
 
  1. Comedian Paul Rodriguez on the California Water Commission? Now that is good for a laugh following news reports Gov. Schwarzennegger is considering Rodriguez for the commission. Rodriguez has been a front man/class clown for the Latino Water Coalition, a front group for large western San Joaquin Valley growers, but he has freely admitted on radio show interviews that he has little actual knowledge of California water issues other than he has bought – hook, line and sinker – the party line of western San Joaquin Valley agribusiness. He has also created the impression his small East Side farm near Orange Cove has been threatened with water cutbacks yet records show he had not been deprived of one drop of water from the San Joaquin River. Since much of California water politics is worth a good belly laugh, maybe putting Rodriguez on the Water Commission will lighten things up. But I doubt it. This appointment, if it happens, is a slap in the face of Delta/fishing/Northern California interests.
 

 

Frostbite Enforcement Action – All Bark: No “Real” Protection for Salmonid Species in Sight

Subject: Frostbite Enforcement Action – All Bark: No “Real” Protection for Salmonid Species in Sight

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Nitrogen Problem?

Our problem with nitrogen.  Are the water boards asleep at the switch?

 

 

 

 

All creatures need the life sustaining nutrient, nitrogen.  Lucky for us nitrogen comprises 78% of the earth’s atmosphere; unlucky for us it is in an unusable chemical form.  Indebted to the unique ability of a few microbes with the ability to ‘fix’ nitrogen into a usable form, we are able to eat green plants (or the animals that eat them) to satisfy our nitrogen requirements.   As impressive as these microbes are, they can only do so much – there is a theoretical limit to how much useable nitrogen they can produce.      Fortunately, we have the energy intensive Haber-Bosch process that allows us to synthesize usable nitrogen.  But, like any excess, there is a downside.

 

We know that ammonia, a form of nitrogen, kills fish. We know that too much nitrogen kills babies.  We know too much nitrogen is bad for any creature that breaths oxygen, say ... dairy cows.  Too much nitrogen is even bad for plants (it ‘burns’ them or encourages them to grow madly rather than flower and fruit).  We know that nitrogen/nitrates/nitrites contamination is pervasive throughout California.  You can look to see here, if your water is polluted.

 

Yet, the State Water Resources Control Board, with its robust legal authority, vast technical and legal resources, extensive data, and significant clout is doing nothing to regulate the problem and even less to require clean-up of nitrogen pollution.  There is no excuse.  But that doesn’t stop them from trying excuses. 

 

In a recent California Watch article one Central Valley  Regional Water Board manager denied a charge that the Regional Board allows nitrogen pollution by declaring nitrogen pollution to be in the ‘best interest’ of Californians.  Then insinuated the charge was simply the private opinion of an employee but does not reflect the regional board opinion.  To paraphrase Senator Al Franken, the manager is entitled to his own opinions, not his own facts. The fact is the Regional Board routinely makes determinations that the permits it issues, including permits to pollute, are in the ‘best interest’ of Californians.  Here are some:

 

The economic prosperity of Central Valley communities benefits the people of the State...Therefore, the economic benefits derived from this low-cost, streamlined form of regulation support allowing limited, localized groundwater degradation as long as the terms of the Basin Plan are met.  Fact Finding #32

 

Limited degradation of high-quality groundwater by some of the typical waste constituents released with discharge from a winery (after effective source control, treatment, and control) may be consistent with maximum benefit to the people of the State at appropriate sites. Fact Finding #55

 

Degradation of groundwater by some of the typical waste constituents released with discharge from a food processing plant after effective source reduction, treatment, and control, and considering the best efforts of the Discharger and magnitude of degradation, is of maximum benefit to the people of the State. Hilmar Cheese aids in the economic prosperity of the region by directly employing over 700 workers, it provides incomes for numerous surrounding dairies, and provides a tax base for local and county governments. Fact Finding #56

 

Meanwhile, across town at the State Water Board, at least one manager charged with addressing the nitrate issue is not “staying awake at night” worrying about how to make things right. Clearly he doesn’t live in East Orosi (Tulare County) where the family profiled in the California Watch article contends with nitrate-tainted water at three times the health limit.  Clearly his kids do not attend Orosi High School, and clearly his kids are not forced to brush their teeth with bottled water.

 

With all of that Haber-Bosch derived wasted nitrogen floating around in our water, it is obvious we’ve become gluttonous in our nitrogen consumption and complacent about managing this fossil-fuel derived resource and protecting our environment. There is no excuse for turning a blind eye to the problem while people are allowed to suffer.  The water board has all the tools they need to turn the ship around.  All it takes is for the Water Boards to wake up and develop the will to make things right. 

 

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