This just in from the folks at Coal River Mountain Watch and the Ohio Valley Environmental Coalition: The two groups have asked the U.S. EPA and the federal Office of Surface Mining Reclamation and Enforcement to take over the West Virginia Department of Environmental Protection.
I’ve posted a copy of their letter here, and I have messages out to WVDEP Secretary Randy Huffman seeking comment.
Here’s the CRMW and OVEC news release:
Grassroots citizens groups ask EPA to take over W.Va. Department of Environmental Protection;
DEP places coal profits ahead of environmental justice for citizens
CHARLESTON, W.Va.The West Virginia Department of Environmental Protection has failed to do its job by not enforcing laws and regulations, allowing coal companies to pollute with impunity. Therefore, the EPA and federal Office of Surface Mining, Reclamation and Enforcement should take over the agency, according to the West Virginia groups Coal River Mountain Watch and Ohio Valley Environmental Coalition. The groups sent this message in a letter yesterday to EPA head Lisa Jackson and Interior Secretary Ken Salazar.
Ms. Jackson and Mr. Salazar, you are our last hope for justice at this point, the letter said. The West Virginia Department of Environmental Protection is not doing its job in protecting the environment here in West Virginia, and as a result the people are suffering from Environmental Injustice. We are asking that the EPA and/or OSMRE take primacy from the WV DEP to protect us, the people of West Virginia.
Environmental justice, the citizens groups said, will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.
The letter pointed to DEP’s 90-plus open positions as an indication the agency is incapable of doing its job effectively, as well as past examples where the federal government has stepped in forcing DEP to do its job: If DEP was doing its job, why did it take the EPA and the Justice Department to come in and fine Massey Energy $20 million for thousands of water pollution violations across southern West Virginia coalfields? They also cited the coal slurry study for which the DEP has repeatedly missed legislative deadlines, saying Clean water is a human rights issue and people in our communities are sick and dying from toxic water.
Mainly what were concerned about as regulators is the ability to develop land after mining, the letter quoted DEP Secretary Randy Huffman as saying. You need valley fills if youre going to have a viable post mining economy. You need flat land. And in order to have flat land you need to have valley fills, and one of our biggest concerns is that EPA is wanting to reduce the size and number of valley fills in Appalachia.
Since when is DEPs primary concern the ability to develop land after mining? the letter said. I thought DEPs job was to protect the environment.
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Way to go, CRMW and OVEC, for publicly pointing out the emperor’s lack of clothes.
if the federal goverment takes over the dep. it will end up just like everything else the feds have taken over just take a long hard look at amtrak!
There is a process in federal act and Code of Federal Regulations for making such requests — this letter doesn’t come even close to it.
I noticed a lot of drivers speeding and the police have not stopped this illegal practice. I also see drivers that run red lights, fail to use turn signals, and don’t come to a complete stop. Although I see that some drivers are being caught and paying fines as reported in the newspaper, I never see anyone being fined for not staying right except to pass and for throwing out cigarette butts from their car. The failure of the state and local police to enforce the law and have 100% compliance has forced me to respectfully request that the FBI immediately take over all enforcement in WV. The people of WV are suffering from highway injustice and we need the Federal government to punish these criminals and protect the citizens of our state. Thank you.
I agree Casey, at the rate of speed the Obama admin. is moving to inject the federal gov. into literally everything , I expect the once mighty General Motors to quickly become “goverment motors”.
Casey-
Your analogy is flawed in that the FBI doesn’t have oversight to make sure that any WV police agency enforces those laws. Those laws are state laws. The Clean Water Act is a federal law in which the federal government defers to and funds the states to enforce. Should the states fail to properly enforce the CWA, the federal government has no choice but to step in. In addition, the EPA is never really out of the loop as the EPA is required to approve certain actions by the states (e.g., 303d lists, pollution criteria). The EPA would rather have the states deal with it since the state level environmental departments are the ones with people on the ground who know what is really going on.
When and if the EPA were to take over the DEP, the key thing that will change is that Joe Manchin’s influence over what the DEP does (or doesn’t do) will be gone.
Dell,
I was attempting sarcasm more than a perfect analogy. But please note that OSM, part of the Dep. of Interior, would be the group to replace DEP if the Feds did take over the WV DEP and not the EPA, which is a separate agency of the Federal Gov’t. We’re talking SMCRA versus Clean Water Act. Furthermore don’t think that the Feds don’t have any influence over the state’s rules of the road because they do withhold funds if laws aren’t changed/enforced to suit them.
DEP consists of humans and therefore will never be perfect. Mine operators think that they are too tough and enviros think they are too lax. Knowing that, DEP probably thinks they are at the right place.
Casey,
Actually, EPA can take over the state’s authority to issue NPDES permits under the Clean Water Act — it’s a different statute, yes, but similar authority exists as that under SMCRA that allows OSM to revoke primacy.
That’s outlined in 40 CFR 123.61 to 64.
Interestingly, among the criteria for withdrawing approval of a state NPDES program is failure to act on violations of permits … Hmmm. I wonder if not bothering to look at DMRs for years constitutes not acting on violations of permits … ??
Ken.
Ken, thanks for the correction. I’m familiar with OSM running SMCRA for the state but have not heard that EPA has actually run a state NPDES. I understand that you are saying it’s possible. I won’t think that the Feds would be anxious to take over a state’s program but with what has gone on in the last 100+ days regarding gov’t ownership in private entities, it’s certainly possible. Many aren’t pleased with the COE either so who would “fix” that program? Timely fines from DMR excursions would certainly improve water quality by increasing attention.
Casey,
Interestingly, one of the Bush administration’s proposals out of the MTR EIS was to push for state regulatory authorities like WVDEP to assume 404 permitting authority from the Corps.
Ken.