EPA says 'no' to Yazoo Pumps Project, but is it the end?

Mississippi Business Journal, The, Sep 8, 2008 by Northway, Wally

After decades of studies and debate, it appears that the Yazoo Pumps Project is dead. On September 2, the Environmental Protection Agency (EPA) voted against the construction of the U.S. Army Corps of Engineers' (COE's) proposed pumping station in the Mississippi Delta, the centerpiece of its Yazoo Backwater Project.

Always controversial, that decision is drawing mixed reviews. It also starts a new debate about where to go from here.

The EPA said, while it agrees that flood control is needed in the South Delta, the Yazoo Pumps Project was too costly, and too risky for the area's ecology.

EPA assistant administrator for water Benjamin H. Grumbles said, "The cost of the Yazoo Pumps Project would be more than $220 million for construction, with an annual operational cost of more than $2 million."

The project has definitely seen numerous twists and turns. The Yazoo Backwater Project is a federally funded COE proposal first authorized way back in 1941, designed to reduce flooding in an area in the state of Mississippi between the Mississippi and Yazoo rivers. The primary component of the project was a station that would pump rainwater out of the South Delta during high water events on the Mississippi River.

In 1982, a plan was approved for a pumping station capable of 17,500 cubic feet per second (cfs), with a pump-on elevation of 80 feet. However, the debate continued and alternatives were put forth. The plan that was recently struck down called for a station that could handle 14,000 cfs, and a pump-on elevation of 87 feet, all considered less harmful to the environment by its supporters.

The Corps released its final report on the project in November 2007, and the public comment period ran through January 22, 2008.

On March 18, the EPA officially announced its decision to initiate a project review under the Section 404 (c) of the Clean Water Act (CWA) review process. EPA based its decision on the determination that the recommended plan detailed in the final report had "unacceptable adverse effects on the aquatic ecosystem, particularly to fish and wildlife resources."

A March 19 document, called the "Proposed Determination," outlined the 404 review process and EPA's project concerns. The Corps' Vicksburg District subsequently responded to the EPA during its public hearing held April 17 in Vicksburg.

But the EPA was not swayed. It concluded that the proposed project would result in unacceptable damage to resources that are used for wildlife, economic and recreational purposes. Under the CWA, EPA can prohibit, restrict or deny using waters of the U.S. as a disposal site for fill material when it determines it will have an unacceptable effect on municipal water supplies, shellfish beds and fishery areas, wildlife or recreational areas.

EPA has used this CWA authority only 11 times since the law was passed in 1972.

The EPA's decision is a polarizing one. Many lawmakers, the Mississippi Levee Board and other groups supported the Corps' plan, while the Mississippi Wildlife Federation (MWF) and other environmental organizations applaud EPA's ruling.

Both Mississippi senators, Republicans Thad Cochran and Roger Wicker, disagreed with the ruling. Earlier in the year, they co-authored a letter asking the EPA not to use its veto powers on the project, and Wicker released a strongly-worded statement immediately after the EPA's announcement.

Wicker said, "This veto is extremely disappointing and represents an unfortunate step backwards for Mississippi's South Delta. It is unfortunate that the EPA refuses to see the benefit of a pump similar to those that helped protect New Orleans and other low-lying communities along the Mississippi River from flooding during Hurricane Gustav."