The League of Women Voters of West Virginia applauds the US EPA for issuing regulations on air emissions from fracking to drill for natural gas and oil. At present West Virginia residents [...]]]> To: Air Quality Office of the US EPA
From:League of Women Voters of West Virginia
Re: EPA Hydraulic Fracturing Air Pollution Rules, proposed

The League of Women Voters of West Virginia applauds the US EPA for issuing regulations on air emissions from fracking to drill for natural gas and oil. At present West Virginia residents are among those bearing the brunt of increased air pollution from fracking to produce natural gas from the Marcellus Shale.

We recognize the economic benefits from gas well drilling, but these benefits should not be at the expense of the health of our people. Regulation of VOCs and air toxics is necessary to protect our citizens’ health.

In addition the release of methane from gas wells contributes to the warming of the planet so we strongly support measures to eliminate fugitive methane releases.

We also support requiring existing wells be covered by the same air pollution regulations.

We are impressed with the proposed savings to the industry when they install the necessary measures to meet the requirements of the regulations.

Thank you for your efforts to improve the public health of residents in fracking/drilling areas.

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(Coal Tattoo, 4.26.11) Well, WVDEP Secretary Randy Huffman called it the worst ruling I’ve ever seen out of the EQB as far as a lack of respect for the rule of law, so it probably is no surprise that the agency has appealed the state Environmental Quality Board’s decision in the case over International Coal [...]]]> CONVENTION. 2011.INFORMATION

(Coal Tattoo, 4.26.11) Well, WVDEP Secretary Randy Huffman called it the worst ruling I’ve ever seen out of the EQB as far as a lack of respect for the rule of law, so it probably is no surprise that the agency has appealed the state Environmental Quality Board’s decision in the case over International Coal Group’s New Hill West surface mine in Monongalia County.

I’ve posted a copy of the WVDEP appeal, filed in the circuit court of Kanawha County, here. Among other things, WVDEP lawyers argue in the appeal:

The board’s findings that numerous scientific studies have shown that declines in stream macroinvertebrate communities directly downstream of surface mining operations are caused by the combined effects of heightened concentrations of ions was clearly wrong in the view of the reliable, probative and substantial evidence in the record.

CLEAN WATER ACT, GUIDANCE, 4.27.11

(Sustained Outrage. 4.27.11) Big clean water news out today from the Obama administration. As announced by the U.S. Environmental Protection Agency:

Recognizing the importance of clean water and healthy watersheds to our economy, environment and communities, the Obama administration released a national clean water framework today that showcases its comprehensive commitment to protecting the health of America’s waters. The framework emphasizes the importance of partnerships and coordination with states, local communities, stakeholders and the public to protect public health and water quality, and promote the nation’s energy and economic security.

The move was also announced by the White House, and a key part of all of this is major new Clean Water Act guidance by the EPA:

Americans depend on clean and abundant water. However, over the past decade, interpretations of Supreme Court rulings removed some critical waters from Federal protection, and caused confusion about which waters and wetlands are protected under the Clean Water Act. As a result, important waters now lack clear protection under the law, and businesses and regulators face uncertainty and delay. The Obama Administration is committed to protecting waters on which the health of people, the economy and ecosystems depend.

U.S. EPA and the U.S. Army Corps of Engineers have developed draft guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This guidance would replace previous guidance to reaffirm protection for critical waters. It also will provide clearer, more predictable guidelines for determining which water bodies are protected by the Clean Water Act. The draft guidance will be open for 60 days of public comment to allow all stakeholders to provide input and feedback before it is finalized.

The draft guidance will reaffirm protections for small streams that feed into larger streams, rivers, bays and coastal waters. It will also reaffirm protection for wetlands that filter pollution and help protect communities from flooding. Discharging pollution into protected waters (e.g., dumping sewage, contaminants, or industrial pollution) or filling protected waters and wetlands (e.g., building a housing development or a parking lot) require permits. This guidance will keep safe the streams and wetlands that affect the quality of the water used for drinking, swimming, fishing, farming, manufacturing, tourism and other activities essential to the American economy and quality of life. It also will provide regulatory clarity, predictability, consistency and transparency.

As The Washington Post explained:

It remains unclear what portion of the nation’s waterways will now come under stricter regulation. After the Supreme Court issued rulings that questioned whether the Clean Water Act applies to isolated streams that are not connected to navigable waterways, Bush officials said as many as 20 million acres of wetlands fell under that category.

The EPA has also abandoned more than 1,500 pollution probes in recent years, given the uncertainty surrounding what qualifies as “waters of the United States.”

You can read the proposed guidance here, and EPA has posted some cost-benefit studies on this guidance here and here, and this Sierra Club report has some interesting background, as does this report from the Congressional Research Service.

It’s not surprising that West Virginia’s members of Congress signed onto a letter opposing this action by EPA.  Earthjustice, meanwhile, had kind words for the EPA’s move:

For nearly a decade the Clean Water Act has been broken and left thousands of streams, rivers and wetlands exposed to oil spills, fills and destruction, and other industrial discharges from polluters.

This pollution has not only left our waters dirty, it has threatened the millions of Americans who depend on these waters for drinking. The Obama administration’s new guidance reinstates most of the protections of the Clean Water Act, although there are some important water bodies that may still be left unprotected until Congress addresses this issue. This is an important step forward to fix a Bush-era guidance that sacrificed our waters for the sake of special interests.

This new guidance now will be subject to public comment. We know the American people want, expect, and deserve clean water for their families and communities. We hope they will speak up now to support the Obama administration’s efforts to keep our nation’s waters protected from pollution.

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Ans. The mission of the EPA is to protect human health and the environment. Using the best scientists, the law, and public input the EPA is charged with reviewing scientific data, monitoring industrial processes, and developing appropriate controls

Q. How has our country benefited [...]]]> Q. Why is the US Environmental Protection Agency (EPA) essential to our well being?

Ans. The mission of the EPA is to protect human health and the environment. Using the best scientists, the law, and public input the EPA is charged with reviewing scientific data, monitoring industrial processes, and developing appropriate controls

Q. How has our country benefited from the Clean Air Act Amendments?

Ans. A recent EPA report shows that “in 2010 alone, the reductions in fine particle and ozone pollution  prevented more than:  160,000 cases of premature mortality, 130,000 heart attacks, 13 million lost work days, and 1.7 million asthma attacks… The direct benefits from the 1990 Clean Air Act Amendments are estimated to reach almost $2 trillion for the year 2020, a figure that dwarfs the direct costs of implementation ($65 billion).”

Q. Why does the EPA need to update regulations under the Clean Air Act?

Ans. To control toxic air pollutants and limit pollutants that are causing global climate change.

Q. Why should the EPA control CO2 emissions?

Ans. Science shows that rising average temperatures, caused by increases in CO2 and other greenhouse gases, are already affecting the global climate. These changes will result in extreme weather events, flooding, social disruptions, threats to human health, habitat destruction, and alterations in food production.

Q. Why does the EPA intervene in coal mining permits?

Ans. The Clean Water Act gave the EPA the responsibility to oversee the impacts of mining and other practices on our waters. Mountain Top Removal mining has destroyed over 2,000 miles of headwater streams so far.

Q.. Why is the EPA mandating that runoff from West Virginia and other states in the Chesapeake Bay watershed and its tributaries be controlled?

Ans. The Chesapeake Bay is the country’s largest estuary and historically its harvest was abundant. The Bay is also a center for recreation for millions of people. Through the years agricultural runoff and untreated sewage have degraded the Bay’s ecosystem causing a crash in harvesting oysters and other aquatic sources of food. Voluntary efforts to clean up the Bay and its tributaries have been unsuccessful. The time has come to mandate a reduction in the nutrients and sediment ending up in the Chesapeake Bay.

Q. Why are many in Congress and others trying to emasculate the EPA by working to keep the EPA from controlling CO2 and toxic air pollutants, and restricting its regulatory powers over water pollution?

Ans. I don’t know.

EPA.doc

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Marilyn McGeorge, from the League of Women Voters, said, “The League supports a strong regulatory plan. Today, there are only 17 field inspectors to cover new drilling sites, in addition to 157,000 sites already operating. And there will be six million [...]]]> Today at a public hearing with state legislatures focused on Marcellus Shale Drilling in West Virginia

Marilyn McGeorge, from the League of Women Voters, said, “The League supports a strong regulatory plan. Today, there are only 17 field inspectors to cover new drilling sites, in addition to 157,000 sites already operating. And there will be six million gallons of water used in each well.”

See full article at http://wvgazette.com/News/201102171508.

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The LWVWV supports the regulation of horizontal/Marcellus Shale drilling for natural gas in order to protect the nearby residents and the environment (water, air, and land.) We will also support other environmental bills as action is needed.

MARCELLUS SHALE/HORIZONTAL DRILLING

Two bills will be submitted to the legislature – The interim committee’s bill and the WVDEP’s. [...]]]> WV Legislative Priority, 2011

The LWVWV supports the regulation of horizontal/Marcellus Shale drilling for natural gas in order to protect the nearby residents and the environment (water, air, and land.) We will also support other environmental bills as action is needed.

MARCELLUS SHALE/HORIZONTAL DRILLING

Two bills will be submitted to the legislature – The interim committee’s bill and the WVDEP’s. Both bill drafts are long (more than 100 pages long) and legally and technically complex. The DEP’s bill includes a new fee on horizontal wells that would add 34 people to the oil and gas office’s staff, including increasing the number of inspectors from 18 to 36. This fee is necessary to enforce a new law and subsequent regulations. Don Garvin has written a comparison of the bills. See the Environmental Council’s Green Legislative Update, January 14 for an extensive review of the bills. Neither bill covers air pollution from MS operations or permits for large water withdrawals. Neither bill establishes a permit system for large water withdrawals. (The League contacted the legislators on the committee asking them to pass out the bill.)

Water Quality Standards Rule Advances (From Environmental Council’s Legislative Update, Jan. 14)

“The Joint Legislative Rulemaking Review Committee passed WV DEP’s proposed changes to the Water Quality Standards Rule (47CSR2) with no changes at its last Interim meeting Monday evening. It’s now ready for consideration by the full Legislature. The rule contains a new water quality standard for Total Dissolved Solids (TDS) of 500 mg/l “in stream”, which is stricter than Pennsylvania’s standard of 500 mg/l at a public water supply intake. TDS is primarily chemical salts associated with mining and oil and gas activities. The changes proposed in this rule are required by EPA under the Triennial Review provisions of the federal Clean Water Act. (The League sent comments on the rule during the rule making process.We also contacted all the legislators on the LRRC Committee asking them to vote to pass out the rules.)

Bill to Ban Coal Slurry Injection Advances (From Environmental Council’s Green Legislative Update, January 14)

The Interim Joint Legislative Judiciary Committee passed out a bill that would permanently ban the injection of coal sludge into underground coal mines, with “recommendation” that it be passed by the full Legislature. The bill contains tax incentive provisions for coal companies who upgrade to new technologies for dealing with the waste that results at coal prep plants. Thus both houses will submit a bill on this issue.

The U.S. Environmental Protection Agency vetoed the proposed Spruce No. 1 Mine.

This veto of the U.S. Army Corps of Engineers’ approval of the mine proposed for the Blair area of Logan County, is for 2,300 acres, the largest single mountaintop removal permit in West Virginia history. See the Coal Tattoo Blog, Charleston, Gazette for full information on the denial of the permit.

The WV League has asked the LWVUS for permission to contact the USEPA commending the agency for its action. Meanwhile as individuals you may wish to contact Lisa Jackson, administrator of the EPA., JACKSONLISAP@EPA.GOV.

Bayer to Phase Out MIC

Bayer CropScience announced Tuesday that it will stop making, storing and using the deadly chemical methyl isocyanate MIC at its Institute plant as part of a corporate restructuring. Unfortunately 220 jobs will be lost, but workers and the community will be safer.

Water Pollution in Drinking Wells, Wood County. (From Sustained Outrage Blog, by Ken Ward, Charleston, Gazette, January 4)

A study of drinking wells in the Parkersburg area concludes: Private drinking water wells in West Virginia and Ohio communities surrounding the DuPont Washington Works facility are contaminated with PFOA. Concentrations in private wells are, in some cases, much greater than those observed in area public water districts…. PFOA (also known as C8) is used in the manufacture of Teflon® nonstick polymers. PFOA has been shown to increase risk of cancer, reproductive problems, and liver damage in laboratory animals, although human health effects are less clear.

COAL ASH DISPOSAL (From Nov.30.2010 Coal Tattoo)

Nearly two years ago, 978,000,000 gallons of wet coal ash spilled into the Emory River and its tributaries near Kingston, Tenn. Now researchers from Duke University report that the spill polluted downstream sediments with unexpectedly high levels of a particularly toxic form of arsenic.

Vermont Law School’s Environmental Watch List 2011 (http://watchlist.vermontlaw.edu/)

Two of the items on the list are of special interest to those of us who live in WV.

1. Climate and Energy Legislation and the International Treaty Process on Climate. The article gives reasons why the legislation died in the last Congress and what the future might bring.

2. Protecting EPA’s greenhouse gas rules.

The WV League is asking the LWVUS to include protection of the rules as a legislative priority. The Rules include increasing the gasoline standards for automobiles and trucks. Also on May 13, 2010, the EPA issued the greenhouse gases “tailoring rule”, to regulate stationary sources under the Clean Air Act’s New Source Review and prevention of Significant Deterioration (PSD) program.

WV’s members of Congress have been working to stop this rule because it will affect the use of coal for power production and industry.

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FOR IMMEDIATE RELEASE November 16, 2010

CONTACT: Ben Price, (717) 254-3233 benprice@celdf.org

PITTSBURGH: Today, the Pittsburgh City Council unanimously adopted an ordinance banning corporations from conducting natural gas drilling in the city.

The ordinance was drafted by the Community Environmental Legal Defense Fund (CELDF) at the invitation of [...]]]> Adopts first-in-the-nation ordinance – elevates the right of the community to decide, not corporations

FOR IMMEDIATE RELEASE
November 16, 2010

CONTACT: Ben Price, (717) 254-3233
benprice@celdf.org

PITTSBURGH: Today, the Pittsburgh City Council unanimously adopted an ordinance banning corporations from conducting natural gas drilling in the city.

The ordinance was drafted by the Community Environmental Legal Defense Fund (CELDF) at the invitation of Councilman Bill Peduto, and was introduced by Councilman Doug Shields.

Pittsburgh’s first-in-the-nation ordinance confronts the threat of Marcellus Shale drilling – an activity permitted by the state which allows corporations to site drilling activities over the wishes of a community.

Energy corporations are setting up shop in communities across Pennsylvania, to drill for natural gas in the Marcellus Shale formation. The gas extraction technique known as “fracking” has been cited as a threat to surface and groundwater, and has been blamed for fatal explosions, the contamination of drinking water, local rivers, and streams. Collateral damage includes lost property value, ingestion of toxins by livestock, drying up of mortgage loans for prospective home buyers, and threatened loss of organic certification for farmers in affected communities.

Councilman Shields stated, “This ordinance recognizes and secures expanded civil rights for the people of Pittsburgh, and it prohibits activities which would violate those rights. It protects the authority of the people of Pittsburgh to pass this ordinance by undoing corporate privileges that place the rights of the people of Pittsburgh at the mercy of gas corporations.”

Shields added, “With this vote we are asserting the right of the city to make critical decisions to protect our health, safety, and welfare. We are not a colony of the state and will not sit quietly by as our city gets drilled. We encourage communities across the region to take this step and join with us to elevate the rights of communities and people over corporations.”

CELDF’s Ben Price, who is engaging with communities across the state seeking to protect themselves from drilling, said, “Communities are coming to recognize that our state laws and government are not in place to protect their interests, but rather the interests of private corporations.”

Price applauded the city for taking a stand on behalf of community rights. “Some will say that the municipality doesn’t have the authority to ban this noxious practice associated with gas drilling. The only way that’s true is if the state has the authority to strip the residents of their rights, and it doesn’t.”

Under the ordinance, corporations that violate the ordinance or that seek to drill in the city will not be afforded “personhood” rights under the U.S. or Pennsylvania Constitution, nor will they be afforded protections under the Commerce Clause or Contracts Clause under the federal or state constitution.

In addition, the ordinance recognizes the legally enforceable Rights of Nature to exist and flourish. Residents of the city shall possess legal standing to enforce those rights on behalf of natural communities and ecosystems.

The Community Environmental Legal Defense Fund, located in Chambersburg, Pennsylvania, has been working with people in Pennsylvania since 1995 to assert their fundamental rights to democratic local self-governance, and to enact laws which end destructive and rights-denying corporate action aided and abetted by state and federal governments.

The Community Environmental Legal Defense Fund, located in Chambersburg, Pennsylvania, has been working with people in Pennsylvania since 1995 to assert their fundamental rights to democratic local self-governance, and to enact laws which end destructive and rights-denying corporate action aided and abetted by state and federal governments.

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Wednesday, December 8th 7-9 pm Aull Center 351 Spruce St.

The West Virginia Chapter of the Sierra Club has initiated a campaign to protect our waters and communities from the hydro-fracking process, and other environmental abuses, associated with drilling for gas in the Marcellus Shale rock formations of the Appalachian Mountains.  Beth Little, [...]]]> Sponsored by the League of Women Voters of Morgantown-Monongalia County

Wednesday, December 8th
7-9 pm Aull Center
351 Spruce St.

The West Virginia Chapter of the Sierra Club has initiated a campaign to protect our waters and communities from the hydro-fracking process, and other environmental abuses, associated with drilling for gas in the Marcellus Shale rock formations of the Appalachian Mountains.  Beth Little, who is a member of the Sierra Club’s Campaign Steering Committee, will be giving a presentation about the environmental risks associated with Marcellus Shale drilling.

The League of Women Voters invites the public to come to the Aull Center Wednesday evening, December 8, 7-9 p.m. Refreshments will be served after the presentation.

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Here is the Environmental Council’s #1 2011 legislative priority – Marcellus Shale Drilling plus the need for more inspectors. Other items they will be following will be the Water Quality Standards Rule, Ending Coal Slurry Injection, Regulation of Coal Ash, and Renewable Energy Incentives.

The Water Quality Standards Rule (see state board report, September, 2010.) The [...]]]> Legislative Proposals

Here is the Environmental Council’s #1 2011 legislative priority – Marcellus Shale Drilling plus the need for more inspectors. Other items they will be following will be the Water Quality Standards Rule, Ending Coal Slurry Injection, Regulation of Coal Ash, and Renewable Energy Incentives.

The Water Quality Standards Rule (see state board report, September, 2010.) The League is particularly interested in seeing that the Total Dissolved Solids rule is approved by the legislature.

Marcellus shale. PROPOSED LEGISLATION (From the Charleston Gazette)

A legislative interim committee has been considering what measures the state should take to minimize environmental and social problems that come from drilling for gas in Marcellus Shale formations. The interim committee is looking at a 90-page draft law. One problem is that the state’s inspection program is tremendously under staffed so the draft proposes increasing permit fees to help ameliorate that problem. At present fees for shallow wells are $600 but the proposal would establish fees for Marcellus Shale drilling ranging from $5,000 to $15,000 per well. Obviously the natural gas drillers object to such rates saying they could cripple the industry. Legislation also will consider water pollution, water withdrawal and disposal, erosion, and road destruction.

The WV DEP is also preparing a bill similar to the committee’s draft. Both drafts require comprehensive water management plans, including listings of chemicals to be used in fracking fluids, and measures to control water consumption and waste. Both also require erosion and sediment-control plans, reclamation and replanting of disturbed lands, and the lining of large open pits, or impoundments, to prevent salt and chemicals from leaching out. But the committee’s version tackles some issues the DEP didn’t, including the spacing of wells, road protection and the performance bonds, which industry says would be a hardship on smaller companies. The DEP’s version will raise fees, too, but it is not known how much.

WATER QUALITY STANDARDS

On November 4, Marilyn McGeorge attended a DEP meeting on a discussion of proposed WQ standards revisions (not in the 2011 legislative session). Here is her report:

Part I of the meeting. The reason for the proposed revision is that the current rule, established in 1983, needs to be updated to eliminate some confusion about implementation methods and water quality standards necessary to meet the requirements of the Clean Water Act, as well as to establish  regulatory expectations for variances. The proposed rule is to be published in the summer of 2011….

Part II dealt with developing stream nutrient criteria.  It has been determined that in WV, a stream by stream basis is best, focusing on the most nutrient sensitive streams –  Greenbrier, Tygart, So. Branch Potomac, and Cacapon rivers.  Section 101 (a)(2) of the CWA sets a national goal for water quality: “protection and propagation of fish, shellfish, and wildlife, and  recreation in and on the water,” wherever attainable.  Apparently, a  possible change could be that if the national goal is unattainable,  then the “Highest Attainable Use” would be adopted.

In November 2009, DEP received a Tier 3 nomination for three streams in Preston County: Watkins Run, Fill Hollow, and Unnamed Tributary of  Fill Hollow.

Tier 3 streams are defined as Outstanding National Resource Waters,and presently the list includes all streams within the boundaries of  federally designated Wilderness Areas, all federally designated Wild  and Scenic rivers, all streams in state parks which are high quality  or naturally reproducing trout streams, all waters in national parks and forests which are high quality or naturally reproducing trout  streams, all waters designated under the “National Parks and  Recreation Act”.

In addition, there is a clause in 47‐2‐4 that provides the public the opportunity to nominate streams for Tier 3 consideration, provided  certain steps are followed. Watkins Run, Fill Hollow, and Unnamed Tributary of Fill Hollow are the first streams nominated for Tier 3 protection via this process.

WV ENVIRONMENTAL QUALITY BOARD BLOCKS STRIP MINE PERMIT (From Ch.Gazette)

In response to Sierra Club’s appeal of a permit, the EQB temporarily blocked the International Coal Group from opening a new strip mine in Monongalia County. Full hearings will take place in mid-December. The Sierra Club asserts that the DEP did not perform a “reasonable potential analysis” of water quality impacts and should have included additional water discharge limits for electrical conductivity, total dissolved solids, selenium, and sulfates. The Club also pointed out the mine’s potential for contributing to a golden algae bloom, such as in last year’s Dunkard Creed fish kill.

View the ruling here.

CHARLESTON, W.Va. — The state Environmental Quality Board has temporarily blocked International Coal Group from opening a new strip mine in Monongalia County, granting a stay until the Sierra Club gets a full hearing on its appeal of the permit.

EQB members have set aside four full days in mid-December to consider testimony and arguments over a water pollution permit for ICG subsidiary Patriot Mining Co.’s New Hill West Mine along Scotts Run near Cassville.

The appeal is likely to be highly controversial, as it will focus at least in part on new federal water pollution guidance for Appalachian strip mines and on potential problems with using coal ash as part of the mine reclamation plan.

“We’re very pleased that the Environmental Quality Board appreciates the risk of harm that will occur to streams and the environment if the company is allowed to conduct its proposed mining operations, and that the board has granted the motion for a stay,” said Petra Wood, a Sierra Club member who lives adjacent to the mine site. “We look forward to the hearing in December which will show the board all of the problems with the permit, and that these streams and our community should be permanently protected.”

Roger Nicholson, general counsel for ICG, declined comment on the board’s ruling.

Lawyers for ICG had argued against the stay, saying in legal filings that the permit approval at issue was simply a modification to expand a mining site where operations are already ongoing.

Patriot Mining wants to add a new, 225-acre surface mine called New Hill West. The operation would discharge pollution under a modification of an existing water quality permit that covers five other adjacent mine sites.

In their appeal, Sierra Club lawyers argue the state Department of Environmental Protection wrongly did not perform a “reasonable potential analysis” of the mine’s possible water quality impacts. The Sierra Club also argues DEP should have included in the permit additional water discharge limits for electrical conductivity, total dissolved solids and sulfates.

The Sierra Club said DEP should have considered the mine’s potential to contribute to an outbreak of golden algae, a toxic algae blamed for a huge fish kill in nearby Dunkard Creek in September 2009.

Also, Sierra Club lawyers sa.y they will present evidence at the hearing that shows existing mining at the site is already violating state and federal water quality standards.

Reach Ken Ward Jr. at kw…@wvgazette.com or 304-348-1702,

WV’S SUIT AGAINST THE US EPA

The WV DEP and the National Mining Association filed a lawsuit against the EPA because of its proposed guidance that would require more reliance on scientific evidence in evaluating surface mining permits and ensuring that the Clean Water Act will be complied with.

Subsequently a number of environmental groups filed to intervene on behalf of the EPA’s guidance. Besides reviewing permits the EPA, using scientific analysis, has been reviewing the water quality impacts of valley fills associated with Mountain Top Removal.

COAL’S COSTS TO WV

Recent studies indicate that the costs of mining coal to the state surpass the income from taxes. Downstream Strategies and the West Virginia Center for Budget and Policy concluded the coal industry last year cost the state budget $42 million more than what the industry pays in taxes and other revenues. Some of the costs include tax breaks and “legacy costs” such as damage to roads and reclaiming forfeited mines.

The report suggests that the legislature should pass laws that will ensure the coal industry pays for these costs.

WV’S RULEMAKING PROCESS (Ken Ward, Charleston Gazette, Nov. 16)

A national examination of the states’ rulemaking procedures “finds WV’s regulatory review scheme concentrates virtually all regulatory power in the hands of the Legislature. While the arrangement is designed to ensure that regulatory decisions are made by democratically accountable legislators, the system often seems to take regulatory power away from independent agencies experts and exposes the rulemaking process to political influence…. The state has no significant requirement for cost-benefit analysis, so regulatory decisions are often made in a vacuum, with much of the information (and sometimes even the regulation itself) coming from lobbyists.”

The League, along with other environmental groups, experienced this political pressure in when we tried to pass strong rules for protecting the quality of our streams. (Do you remember the conversation about Tier I, Tier II, and Tier III?)

ENDOCRINE DISRUPTERS (From Charleston Gazette).

The U.S. EPA added two perfluorindated compounds to the list of chemicals that will be screened for their potential to be endocrine disrupters. EPA stated that its latest list of 134 chemicals to be screened includes Perfluorooctanoic acid, or PFOA or C8, and PFOS.

“Endocrine disruptors are chemicals that interact with and possibly disrupt the hormones produced or secreted by the human or animal endocrine system, which regulates growth, metabolism and reproduction…. Endocrine disruptors represent a serious health concern for the American people, especially children.  Americans today are exposed to more chemicals in our products, our environment and our bodies than ever before… We are using the best available science to examine a larger list of chemicals and ensure that they are not contaminating the water we drink and exposing adults and children to potential harm.” EPA Administrator Lisa P. Jackson said.

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2. Comments to the Oil and Gas Office of the WV Department of Environmental Protection regarding the reclamation of oil and gas sites. The League asked that (1) the DEP require the use of native plants for revegetation rather [...]]]> Actions Taken

1. Comments to ORSANCO, asking the agency not to weaken standards for mercury in the Ohio River.

2. Comments to the Oil and Gas Office of the WV Department of Environmental Protection regarding the reclamation of oil and gas sites. The League asked that (1) the DEP require the use of native plants for revegetation rather than the list proposed that is made up of non-native, invasive plants, and (2) that the uses of the held topsoil shall be re-spread or used as a top dressing, rather than should.

3. We joined with other WV environmental organizations on comments to the DEP on the 2010 Triennial Review of WV Water Quality Standards. Thanks to the other organizations for their preparation of the comments. Salient parts are listed here:

 We urged the DEP to draft legislation for immediate consideration by the West Virginia Legislature that will establish guidelines and a permit process for water withdrawals. Gas drilling in Marcellus Shale uses a tremendous amount of water in the fracking process.

 We supported the DEP‟s addition of the language “certain water withdrawal activities” (Sec. 3.1 and 3.2) and “algae blooms” (Sec 3.2.g.) as conditions not allowable in state waters (§47-2-3). However, we do not feel the additional language alone goes far enough to protect West Virginia streams from either water withdrawals or algae blooms. We are particularly con-cerned about water withdrawal activities associated with Marcellus Shale drilling.

 We oppose WV DEP‟s proposed changes to Section 7.2.a.2 for several reasons. It gives Weirton Steel permanent exemptions on some restrictions on its discharges in excess of drinking water criteria within one-half mile of a public water supply intake. The new language deletes all references to Weirton Steel and iron even though WS is the company that the rules would apply to. The rules should be transparent on who the exemption applies to. The WV DEP proposes to remove the requirements for Weirton Steel to monitor its treated water at its drinking water plant and to submit a status report. Was this monitoring ever conducted? We requested a copy of the written report that was due on or before March 1, 2007.

 We support the changes to the nutrient criteria for lakes although we do not support the addition of a requirement for an impairment to be determined only in the case that both phosphorus and chlorophylla exceed standards. This contradicts the stakeholders who worked on the criteria and the US EPA.

 We strongly oppose weakening the current water quality standard for iron on West Virginia‟s Category B-2 trout waters.

 We support the proposal that WV establish a standard for Total Dissolved Solids (TDS comprise inorganic salts, principally calcium, magnesium, potassium, sodium, bicarbonates, chlorides and sulfates and some small amounts of organic matter that are dissolved in water.) However, we support a stronger standard of 250mg/l rather than the proposed 500mg/l. The US EPA recommends the stronger standard.

10/10/10

October 10, 2010 is a Global Day of Action for environmentalists all over the world to address climate change. The focus is on the number 350, as in 350 parts per million of CO2, the amount that leading climate scientists say is the safe upper limit of CO2 in our atmosphere. Communities will celebrate what people can do right now to make an impact, garnering media attention for climate action, and sending a strong message to decision-makers at all levels that it’s time for them to do their job, too. For more information, access 350.org or the League of Women Voters at www.lwv.org. Click on Climate change.

Tidbits

Federal Judge Chambers recently ruled that two of Patriot Coal‟s mines must install a treatment system for selenium.

The US EPA set seven public hearings on its proposed rules to govern the handling and disposal of toxic coal ash from power plants.

The Obama administration issued an order to EPA to develop a Chesapeake Bay “recovery strategy.”

The EPA is studying the hydrofracking process for accessing natural gas.

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