The Environmental Community’s Representative On The Water Supply Advisory Council Is A Hack

Council Evades Specific Questions, Says Water Quality Is “Not Our Job”

Murphy DEP Doing Nothing With Respect To Water Quality Risks Of Drought

The NJ Water Supply Advisory Council held their regular monthly meeting today remotely. They play an important role in developing the Water Supply Plan and the Council is involved in DEP’s drought management:

P.L. 1981, Chapter 262, also known as the Water Supply Management Act was enacted by the Senate and General Assembly concerning the management of water in New Jersey and ensuring an adequate water supply for its residents. Also established by this Act was the Water Supply Advisory Council (WSAC), which advises the Department concerning the next iteration of the New Jersey State Water Supply Plan (NJSWSP) and other related water supply resource issues. At this time, the WSAC is consists of eleven members who are appointed by the Governor with the consent of the Senate. The eleven representatives include the agricultural community, industrial and commercial water users, residential waters users, private watershed protection associations, academic community, golf course superintendents of NJ, and two members each from investor-owned water companies and municipal or county water companies along with a representative of the nursery/landscapers/irrigation contractors industry

The only “environmental” or public interest member is Jennifer Coffey, the Executive Director of ANJEC (as the Private Watershed Protection Associations rep – in an Acting capacity.)

I attended remotely and posed the same questions to the Water Supply Advisory Council that I posed last week to the NJ Drinking Water Quality Institute regarding water quality issues related to the drought and NJ’s water supply system. The DWQI referred me to the WSAC for response to the following questions (specifically expressed based on text from DEP’s own documents):

  1. water quality monitoring upstream of drinking water intakes
  2. water transfers and concerns with water chemistry (like the Flint, Michigan scandal)
  3. status of a “Treatment Based Approach” for hundreds of unregulated chemicals

The NJ drinking water system is heavily reliant on re-use of industrial and sewage treatment plant wastewater discharges, who provide the large majority of the flow of rivers used for water supplies.

The existence of pollution discharges directly upstream of drinking water intakes raises OBVIOUS concerns, particularly during drought when river flows are dominated by wastewater discharge and particularly given the presence of hundreds of unregulated chemicals, euphemistically referred to as “emergent contaminants”.

For context: the chemical that caused the notorious childhood cancer cluster in Toms River NJ was an unregulated emergent contaminant, just like the current “forever chemicals” getting so much attention and microplastics (this link is a teaser for upcoming posts).

The Chairman of the Council simply refused to respond to my questions, by claiming (falsely) that the questions were beyond the scope of the Council. DEP experts who staff the Council sat mum, as they practically hid under their desks.

But the “environmental” and “public” member, Ms. Coffey, felt the need to respond and interjected to attempt to rebut my questions, dismiss my concerns, tout the DEP, and defend the Council and the Water Supply Plan!

As Joe Biden likes to say: Let me be clear. Ms. Coffey is an ill informed, ignorant, and dangerous hack.

I attempted to respond to her misstatements, but was prohibited from speaking by the Chairman. So much for public dialogue!

Here is my immediate email reply to Ms. Coffey after the meeting ended (with a copy to DEP Commissioner LaTourette):

Jenn: Your attempt to rebut reveals that you don’t know what I was saying or what you are talking about. 

1) NJ Water Supply Plan – source water chemistry concerns, Flint Michigan redux:

Specifically, the Water Supply Plan revealed disturbing conditions during the 2016-2017 drought, at page 204 – 205 of Chapter 7

“as part of the 2016 Drought Warning, water transfers were ordered between several systems in order to preserve storage for those systems at highest risk. As a result, an estimated 1.8 billion gallons of water was preserved in critical reservoirs as a result of water transfers ordered between 2016 and 2017.

However, one finding from the 2016-2017 drought was reluctance from many water suppliers to make the complete transfers as ordered due to concerns around water chemistry. Following the 2015 re-emphasis within DWSG on the implementation of the Lead and Copper Rule, many water suppliers became more aware of the potential for chemical interactions between different treated waters and how that could impact corrosion of lead in domestic plumbing or lead service lines. Since then, water suppliers, particularly in the Northeast region have improved their understanding of the chemical interactions of their waters. However, the concern of water quality impacts as a consequence of transferring water in ways beyond typical flows remains. Reversing flows at interconnections or distribution and transmission mains can disturb biofilms and mineral deposits within distribution infrastructure and can create poor water quality conditions for customers.While in acute emergency conditions transient water quality issues like this may be overlooked by some customers, it may still have overall damaging effects on public trust in the quality of their tap water. Regular maintenance and proactive efforts to enhance distribution water quality remain essential to minimize these disturbances when they do occur.” (end quote)

2. The DWQI Recommended A “Treatment Based Approach” for “Emergent contaminants” – PFAS, PFNA, PFOA, et al are not the only ones – READ DEP’s REPLY TO MY PETITION FOR RULEMAKING in the December 4, 2023 edition of the NJ Register (see: 55 NJR 2430(a)

3. A fundamental of Climate science says the historical data and trends are no longer valid. DEP climate science report and recent regulations recognize that with respect to rainfall and flood elevations.

But the WS Plan is still based on old data and invalid statistical methods.

4. Source Water Sampling – Read the WS Plan – response to public comments document:

DEP’s “Response to [Public] Comment Document” on the draft plan:

“Currently, the Department currently has limited authority to require individual and untreated source water quality data. Future water supply plans are anticipated to take this work further and these comments will be considered as that occurs. Recommendations in the Final Plan are made to require raw water/pre-treatment water quality data for many public supply sources.” (end quote)

You obviously are clueless about all this and are an embarrassment.

Wolfe

Gov. Murphy needs to replace this unqualified cheerleader.

Posted in Uncategorized | Leave a comment

Will Trump Nix China LNG Export Deals?

The Unitary Executive Runs Into the Wall Of the Corporate State

One of the least talked about and most significant authoritarian threats from the Trump Administration’s “Project 2025” is what is known as the “Unitary Executive”.

Trump’s authoritarian view of his Presidential powers under the “Unitary Executive” are laid out in the first Chapter of Project 2025 “White House Office”.

Chapter 2, “Executive Office of the President Of The United States“, puts a finer point on it, and does not hide the radical authoritarian intent:

In its opening words, Article II of the U.S. Constitution makes it abundantly clear that “[t]he executive power shall be vested in a President of the United States of America.”1 That enormous power is not vested in departments or agencies, in staff or administrative bodies, in nongovernmental organizations or other equities and interests close to the government. The President must set and enforce a plan for the executive branch. Sadly, however, a President today assumes office to find a sprawling federal bureaucracy that all too often is carrying out its own policy plans and preferences—or, worse yet, the policy plans and preferences of a radical, supposedly “woke” faction of the country.

The modern conservative President’s task is to limit, control, and direct the executive branch on behalf of the American people.

Trump has said he wants to be a Dictator, and this is how he will do it.

Basically, what it amounts to is consolidation of power in Trump’s White House and elimination of the concepts of independent regulatory agencies and the progressive era and New Deal  of norms of expertise, the public interests, science, and the civil service.

In their place will be government by the fiat of Trump’s authoritarian power, administered by a cadre of political loyalists, lackeys, and nepotism. This circus will be augmented by a shadow government “DOGE” comprised of his billionaire Tech Bro’s like Elon Musk, Peter Theil, & Co.

Like Trump’s White House staff appointments, this pack of incompetents and ideologues will not face FBI background checks and Senate Confirmation.

Trump will dictate policy and decisions via Executive Order and management edict; hire and fire heads of agencies and 100,000 expert civil servants; eliminate entire agencies; use government for retribution; and reward his billionaire backers via contracts, subsidies, privatization, and deregulation.

Significantly, he will over-ride Congress’s core power of the purse by impounding appropriated funds, e.g. withholding Social Security payments, educational funding, or federal aid to Democratic States and cities who resist and don’t toe the line.

[Note: and Trump doesn’t need a Government shutdown or reconciliation package to do so – he can just impound the money and not send the SS checks!]

And the right wing US Supreme Court will not stop him: He’s acting as The Unitary Executive and has total immunity for “Official Acts”.

China LNG Export Deals Will Test Trump’s Power

Trump complains that the ‘Deep State” sabotaged his first term agenda. He ain’t seen nothing yet: wait until he runs up against the “Corporate State”.

The US Department of Energy just released an important Report on the export of liquified natural gas (LNG):

DOE intends to use the Study to inform its public interest review of, and ultimately decisions in, certain applications to export LNG to countries with which the United States does not have a free trade agreement (FTA) requiring national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (non-FTA applications), future proceedings, and for other purposes.

Trump wants to “drill, baby, drill” and nominated a corporate energy CEO as Secretary of the Department of Energy, see:

Trump’s core foreign and domestic economic policy is “America First”.

Trump has long harshly criticized China, see:

Trump has many times said he will impose sanctions and tariffs and even military means to block China (e.g Biden already imposed tariffs on Chinese manufactured items like solar panels and electric vehicles).

The DoE Report documents that LNG exports will increase costs of energy for US consumers, impose billions of dollars of additional costs on US businesses, and thereby contribute to inflation and unemployment.

And here is where that DOE Report exposes contradictions that test the power of the Trump Unitary Executive and “America First” principles, by pitting corporate power and his DoE Secretary directly in conflict with his core political commitments with respect to China.

The DoE Report emphasized:

C. China is the World’s Largest LNG Importer

According to the EIA, China is the world’s third largest natural gas consumer and the world’s largest LNG importer, averaging 9.5 Bcf/d in 2023.90 The country is growing its regasification capacity more than any other country in the world, and in 2022 had 5.7 Tcf of existing regasification terminals, plus 5.5 Tcf of regasification capacity under construction with operational start dates between 2023 and 2026.91 […]

In the Defined Policies scenario, China is projected to import 28.8 Bcf/d of LNG in 2050. In the Net Zero 2050 (Moderate CCS) scenario, which represents the lower bound for projections of global gas demand in the modeling conducted as part of this study, China is projected to import 13.4 Bcf/d of LNG in 2050.

China’s contracting activity with operating and proposed LNG export projects to be sourced with U.S. gas has significantly increased over the last several years, with Chinese LNG buyers signing sales and purchase off-take agreements for U.S.-sourced LNG with several operating, under construction, or proposed LNG projects including Calcasieu Pass, Corpus Christi Stage III, CP2,
Plaquemines LNG, Rio Grande LNG, Sabine Pass, and Mexico Pacific Limited. 97 While not all of these contracts are associated with projects that have non-FTA authorizations from DOE or, if
authorized, that are under construction pursuant to a final investment decision, these agreements show an increased interest from China in holding a position in U.S. LNG exports. (page S-46 – 47)

BOOM!

Will Trump honor his commitments to “America First” and exercise his Unitary Executive powers to direct his corporate fossil Secretary of Energy, Secretary of State (Rubio, if confirmed, is a China hawk), and EPA Administrator to deny all permits and approvals for the LNG export facilities, infrastructure and fracking wells who will provide gas to China?

The whole world is watching.

More on the climate and economic findings in our next post – the DoE Report projects HUGE increases in LNG exports.

Posted in Uncategorized | Leave a comment

Important Facts Biden Left Out Of His Climate “Fact Sheet”

On Stunts, Kabuki, Gaslighting, And Just Plain Bullshit

Legacy Lost

Just like Biden’s pardon of his son makes it easier for Trump to pardon the January 6 insurrectionists, this cynical and transparently political stunt actually makes it easier for Trump to rollback climate policies.

Outbound President Biden just issued a new US greenhouse gas emissions reduction goal under the voluntary Paris Climate Accords

He left some stuff out – like THIS, from the US Energy Information Administration:

We’ve written about these inconvenient facts several times (with receipts):

We predicted this failed record before Biden even assumed Office, see:

And maybe pictures really are worth thousands of words:

The Course Of Empire

Posted in Uncategorized | Leave a comment

Murphy DEP In News Management Mode On The Drinking Water Quality Institute

DEP Delays OPRA Public Records Request For Critical Data, Then Issues A Self Congratulatory Diversionary Press Release

DEP issued another absurd and insulting “award” today and another self congratulatory press release regarding the work of the NJ Drinking Water Quality Institute (DWQI), see (link forthcoming, not yet posted by DEP):

  • DEP PRESENTS OUR WATER’S WORTH IT AWARD TO THE NEW JERSEY DRINKING WATER QUALITY INSTITUTE

The award was presented during a ceremony held at the DEP headquarters in Trenton. It is part of the DEP’s Our Water’s Worth It campaign, launched earlier this year to highlight the importance of the state’s water supplies. The campaign recognizes individuals and organizations that excel in safeguarding water resources and enhancing drinking water quality for New Jersey residents.

The irony and hypocrisy of the award are incredible.

The award was given for the DWQI’s stellar work on developing regulatory standards (MCLs) for “forever chemicals”, PFAS, PFOS, PFNA, etc.

Before the DWQI did this work and DEP adopted MCLs based on that work, “forever chemicals” were just one of HUNDREDS of unregulated chemicals that DEP has found in drinking water supplies.

These unregulated chemicals include things like endocrine disruptors, pharmaceuticals, and carcinogens.

Because there were so many unregulated chemicals – with unknown health effects and little of the data that is required to develop regulatory MCLs – over 15 years ago, the DWQI recommended a fundamental change in drinking water protection strategy called a “Treatment Based Approach”.

Under that new Treatment Based Approach (TBA), instead of conducting expensive and lengthy “risk assessments” and MCLs for individual unregulated chemicals (an impossible job for over 500 known chemicals), DWQI recommended that treatment systems to remove 99.999% of those chemicals be installed by drinking water treatment plants.

DEP and the DWQI found that those treatment systems are technologically available, they work, and they are cost effective. But the politically powerful drinking water purveyors – like NJ American Water – balked and blocked the TBA.

I’ve petitioned DEP to adopt new regulations based on the DWQI recommended TBA,  but the Murphy DEP denied that petition. I asked the DWQI on December 10 what the status of their recommended TBA was.

The timing of the award is also quite revealing of a very cynical attempt at news management by DEP Commissioner LaTourette.

Three weeks ago, I wrote to pose questions to the DWQI about “unregulated chemicals”, including water quality data during the drought and how DEP Commissioner LaTourette’s drought Order was being implemented. I requested this information so I could testify before the DWQI at their December 10 meeting, see:

After being stonewalled by the DWQI on December 10, I filed an OPRA public records request. But DEP failed to provide the documents within the timeframe mandated under law and instead delayed response, see:

I’m still waiting for that DEP OPRA response data.

At the December 10 meeting, in response to my questions, the Chair of the DWQI suggested that I raise these issues before the DEP’s Water Supply Advisory Council (WSAC).

It just so happens that the DEP WSAC is meeting this Friday, December 20 (you can request credentials to participate – email watersupplyplan@dep.nj.gov ).

So, with today’s award and press release, DEP Commissioner LaTourette is seeking to get out in front of any bad news I might write about, as well as divert the NJ media and shape the coverage of the issues.

I fired off this note to LaTourette, because I know exactly what he’s doing here:

Commissioner – I see the games you are playing here.

You’ve delayed responding to my OPRA request for data and documents regarding water quality, DWQI, and implementation of your drought Order, and then spun the issue with a get out in front press release, see:

https://www.wolfenotes.com/2024/12/drinking-water-quality-institute-evades-direct-public-questions-on-unregulated-chemicals-and-drinking-water-risks-and-impacts-of-drought/

I once worked for DEP Commissioner Campbell, who was a master at such news management. Disgraceful.

Wolfe

We’ll keep you posted on the DEP OPRA reply and the Friday WSAC meeting.

Posted in Uncategorized | Leave a comment

Dupont Conducted Open Burning Of Toxic Waste For Decades In Pompton Lakes, NJ

EPA Proposed Rules A Likely Target For Trump’s Project 2025 “Dismantling”

NJ Spotlight has a good story today on the Biden EPA’s proposed rules to restrict the open burning of certain military waste, read the whole story:

The answer to the question posed in the headline is YES, but EPA’s proposed rule will allow this barbaric practice to continue. The NJ Spotlight story itself reports this fact, so the headline writer confused and misled readers:

To the frustration of environmentalists and communities who live near these sites, the EPA did not propose an outright ban on open burning and detonation.

Unfortunately, the public comment period on the EPA’s proposed rule ended on May 20, 2024, so the reporting comes months too late, as usual.

I suspect that the motivation for writing this story now is part of the process of documenting the record of important environmental regulations and Biden administration proposals that will be killed by the incoming Trump Administration.

NJ Spotlight makes that pretty obvious:

The EPA has not finalized the rule, and the incoming Trump administration could retain, alter or rescind it.

I want to make a few quick comments.

First, note that the environmental advocate sources for the story are not from NJ. They are from California and Wisconsin.

Yet right here in NJ’s backyard, we have toxic nightmares from open burning. Why are there no NJ groups working on this issue?

I’ve long criticized the NJ environmental groups for abandoning so many issues, and the ongoing toxic assault is just one of them.

Second, the story evoked memories of the Dupont Pompton Lakes disaster.

Dupont conducted open burning for many years at their toxic Pompton Lakes facility. Among many other toxics, those burn pits were the source of mercury that remains in fish, wildlife, sediments, and people’s bodies.

I wrote to EPA Region II Administrator to complain about EPA’s failure to consider that toxic pollution over 12 years ago, see:

Dear Administrator Enck:

Last week, I conducted a file review of the Dupont RCRA issues at the NJ DEP RCRA Enforcement field office.

Please be advised that I saw records that Dupont had two “open burning areas” – 500 lbs of mercury and lead containing hazardous waste per day were permitted to be “cooked” there, with no emission controls.

So, it’s not only military facilities that conducted open burns, but munitions facilities as well.

Third, this all begs the question: where the hell has the NJ Department of Environmental Protection been? The DEP Forest Fire Service is managing these toxic threats? Fire and noise complaints are of concern? Are you kidding me?:

Picatinny authorities do not alert the public before burns, Rider said. “We notify the Bureau of Forest Fire and the [New Jersey Department of Environmental Protection] prior to all open burn operations, but we do not issue a public advisory,” Rider said, adding that the public affairs office updates the base website “when we plan to conduct open detonation operations to ensure that the public is not alarmed by noise that may be noticeable in the surrounding community.”

Don’t look to NJ DEP or NJ based environmental groups for any information on any of that.

[End Note: and the local Congressional hack (and media) are obsessed with risks from …. wait for it …. drones.]

Posted in Uncategorized | Leave a comment