Aquatic Invaders Keeping Non-Native Species at Bay
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September 2019 Aquatic Invaders Keeping Non-Native Species at Bay Also: River Lessons Storm Recovery CONNECTICUT • MAINE • MASSACHUSETTS • NEW HAMPSHIRE • NEW YORK • RHODE ISLAND • VERMONT From the Executive Director A Community Chair Mark Klotz of Problem Solvers Vice Chair Peter LaFlamme • Treasurer Harry Stewart Connecticut: Energy and Environmental Protection Commissioner Katie Dykes, Public Health Commissioner uly 31, 1947. on that day, seventy-two years Renée Coleman-Mitchell, Michael Bisi, Yvonne Bolton, Denis ago, Congress and the New England states Cuevas, Denise Ruzicka, Jane Stahl established the New England Interstate Water Maine: Environmental Protection Commissioner Gerald J Reid, Health and Human Services Commissioner Jeanne Pollution Control Commission to abate water pol- Lambrew, Nancy Beardsley, Brian Kavanah, Travis Noyes, Brian Tarbuck, David Van Slyke lution and promote the water resource interests of Massachusetts: Environmental Protection Commissioner New York and New England. Lofty goals, impossible Martin Suuberg, Public Health Commissioner Monica Bharel, to attain without ongoing commitments to leader- Kathleen Baskin, Jana Ferguson, Paul Hogan, John Sullivan, F. Adam Yanulis ship, education, collaboration, and service. New Hampshire: Environmental Services Commissioner The Commission serves as a community of problem solvers advancing Robert Scott, Thomas Ballestero, Frederick McNeill, Thomas clean water in the Northeast, in service to our states: Connecticut, Maine, O’Donovan, Nelson Thibault, Robert Varney New York: Environmental Conservation Commissioner Basil Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. Seggos, Health Commissioner Howard Zucker, Mark Klotz, Much of the work we conduct centers around our place-based activities Richard Lyons, Roger Sokol and the over six hundred partners we work with in places like the Long Rhode Island: Environmental Management Director Janet Coit, Health Director Nicole Alexander-Scott, Janine Burke- Island Sound, Lake Champlain, the Hudson River and its estuary, and the Wells, Russell Chateauneuf, Alicia Good, June Swallow Narragansett and Peconic Bays. Vermont: Environmental Conservation Commissioner Emily Boedecker, Health Commissioner Mark Levine, Other neiwpcc commitments run to collaboration with our state part- Peter LaFlamme, Dennis Lutz ners advancing concerns through our nineteen issue-oriented workgroups, Executive Director: Susan Sullivan social media efforts and communications, and nearly three hundred days Established by an act of Congress in 1947, the New England of training per year. Since the last issue of Interstate Waters, the neiwpcc Interstate Water Pollution Control Commission is a not-for- staff has hosted five regional conferences and workshops. profit interstate agency that meets the water-related needs of our member states: Connecticut, Maine, Massachusetts, We have initiated a new effort to update our brand messaging and visual New Hampshire, New York, Rhode Island, and Vermont. The neiwpcc Commissioners from each member state are identity. We conducted research with our partners and other stakeholders appointed by their state governors. to better understand current perceptions of our team and our work. Our goal is to fully capture what neiwpcc is now, where we collectively want to be in the future, and how we will get there. Volume 3, Number 2 • September 2019 While it is early in the process to assume what our brand will be, I feel Editor: Adam Auster strongly that neiwpcc’s vision for “clean and sustainable water in the Managing Editor: Anna Meyer Northeast by fostering knowledge, public awareness, and interstate co- Contributing Editors: Kale Connerty, Michelle St. John Contributors: Jane Ceraso, Meg Modley, Ryan Mitchell, operation” will play a key role. My expectation is that our values of lead- and Peter Zaykoski ership, education, collaboration, and service will be critical components Graphic Design: Newcomb Studios of where we head in the future. As summer turns to fall and 2019 to 2020, I look forward to our contin- Interstate Waters is published by neiwpcc. It is funded by a grant from the U.S. Environmental Pro- ued progress abating water pollution and promoting the water resource tection Agency and distributed free of charge to sub- concerns in the Northeast. scribers. To subscribe to Interstate Waters, email us at [email protected]. Type “Subscribe” in the subject field and provide your full mailing address. In the body of your email, please indicate whether you also Sincerely, wish to receive our quarterly email newsletter, iWR. The opinions and information stated in Interstate Waters are those of the authors and do not necessarily reflect the opinions of neiwpcc. Articles in Interstate Waters may be copied and distributed, except as noted. Please credit neiwpcc. New England Interstate Water Pollution Control Commission Susan Sullivan 650 Suffolk Street, Suite 410, Lowell,ma 01854 neiwpcc Executive Director Tel: 978-323-7929 www.neiwpcc.org 2 Interstate Waters • September 2019 The Docket States Urge Science, Funding, Consultation New: Federal Budget is largely about streamlining rules for the The Commission wrote to the entire north- siting of energy facilities. east congressional delegation in April to oppose funding cuts proposed by Presi- Ongoing: Clean Water Rule dent Trump to important water programs. The seven neiwpcc states “sternly object” The administration proposed the fol- to a proposed federal rule that would cur- lowing changes in its 2020 budget: tail federal jurisdiction over many water • A 25% cut to the epa’s budget; resources, including most of the nation’s • A 12% reduction in the clean-water wetlands. and drinking-water state revolving funds. In comments in Docket No. EPA- These funds have been instrumental in HQ-OW-2018-0149, neiwpcc also flagged building water infrastructure since the provisions of the proposed rule that would late 1980s; introduce uncertainty, infringe on state • A reduction by one third of funds pro- practices, and complicate the process of vided to states and tribes under Section 106 determining whether a water body is ju- of the Clean Water Act. States use these risdictional. funds to help develop standards, set pollu- Meanwhile, the Supreme Court has tion reduction loads, issue permits, confirm the rule would block states from consid- agreed to hear a case that could reframe compliance, monitor results, and report on ering water-quality impacts that are not the entire question of jurisdiction. successes; within the scope of the Clean Water Act At stake is the definition of the term • Zero funding of Clean Water Act Sec- as redefined by theepa . “waters of the U.S.,” the water resources tion 319 grants. This program funds resto- Comments on the proposed rule will be subject to federal regulation under the ration efforts for water bodies impaired by open for sixty days from the day the rule is Clean Water Act. Last winter the epa pro- nonpoint source pollution; published in the Federal Register. posed restricting jurisdiction to wetlands • Zero funding for key regional programs, In neiwpcc’s May 24 comments, which and water bodies with a surface connection including the Lake Champlain Basin Pro- the epa requested at an informal pre-pro- to navigable waters. gram, the Long Island Sound Study, the posal stage, the Commission generally This rule would exclude most of the na- Peconic Estuary Program, and the Narra- blamed any permitting delays on “actions tion’s wetlands, all groundwater, seasonal gansett Bay Estuary Program. or inactions of project proponents, such water bodies, and some ditches, artificially The Commission opposes these cuts. as incomplete applications or changes to irrigated areas such as rice paddies, storm- plans without appropriate communication water-control features, wetlands converted New: Environmental Review with states.” to croplands before 1986, and other water The Commission warned the epa in May The outcomes of accelerated proceed- resources. against a plan to accelerate state review ings, whether certifications or denials, are of discharge permits because the proposal likely to be based on an incomplete record The States Respond would run roughshod over state permitting and consideration of facts. These incom- In April, the epa and U.S. Army Corps of and could subject states to lawsuits. plete state decisions would thus be ripe Engineers denied a request by neiwpcc The agency has not listened so far. for litigation. and others to extend the comment period On August 12, the epa proposed a rule State government would be the de fend- on the complex proposal, which takes up in Docket No. EPA-HQ-OW-2019-0405 to re- ant in those cases, which would develop in sixty-six pages of the tightly spaced Fed- strict further the time states have to certify court the factual record missed during the eral Register. or deny permits, and the grounds on which curtailed state proceedings. Comments on the pending proposal states may make these decisions. In her May 24 letter to epa Adminis- were open for sixty days. By contrast, the The rule would govern state review of trator Andrew Wheeler, neiwpcc Execu- agencies extended comments on the cur- projects under section 401 of the Clean Wa- tive Director Susan Sullivan said that the rent (2015) rule twice, allowing them for ter Act, which bars the epa and other fed- neiwpcc states “categorically reject any more than half a year. eral agencies from permitting discharges regulatory changes intended to