Enviros to EPA: Take over W.Va. water pollution program
A few weeks ago, when he went off on EPA, West Virginia Environmental Protection Secretary Randy Huffman said this:
“We are the environmental regulators here in West Virginia. We are the ones on the front line here. We are the ones responsible for protecting the environment. We have a very rigorous and robust regulatory program that is basically being challenged.â€
Well … we may find out now if the Obama administration thinks Randy’s right. Because this morning, a coalition of environmental groups filed a formal petition that demands the U.S. Environmental Protection Agency take over administration of the Clean Water Act’s water pollution permitting and enforcement program (the National Pollution Discharge Elimination System, or NPDES) from the West Virginia Department of Environmental Protection.
The petition, which I’ve posted here, alleges a “complete breakdown of West Virginia’s maintenance and enforcement of its NPDES program,” and goes on to say:
“The state’s capitulation to the industries it is obligated to regulate under the Clean Water Act and its resulting failure to enforce or maintain its NPDES program leave EPA no choice but to withdraw its approval of that program.”
The petition says that WVDEP’s failures are “greatly harming the state” and have led to the impairment of more than one-third of its rivers, streams and lakes. Causes of the impairment (many related to coal mining or the burning of coal) include: 5,153 miles of biologically impaired waterways; 3,958 miles of waterways with iron violations; 1,376 miles of waterways with pH problems; 937 miles with aluminum exceedences; 669 miles with mercury problems; and 160 miles with too much selenium.
“… The deficiencies of the West Virginia NPDESÂ permitting and enforcement program not only contribute to impairment and impede clean-up of West Virginia’s water resources, but also undermine the authority WVDEP must rely on to … comply with the law.”
The petition to EPA was filed by the Sierra Club, the West Virginia Highlands Conservancy, Coal River Mountain Watch and the Ohio Valley Environmental Coalition. The groups are represented by lawyers Joe Lovett and Derek Teaney from the Appalachian Center for the Economy and the Environment, and by Aaron Isherwood, a senior staff attorney from the Sierra Club’s Environmental Law Program. The petition was also researched and written by Margaret Janes from the Appalachian Center.
The 26-page document outlines a variety of longstanding problems with the state’s water pollution regulatory program, as well as some more recent developments. I’ll be writing more about this, but I’ll summarize here:
– During the 2009 session, West Virginia lawmakers passed a bill that gives coal operators yet another three years to come into compliance with a water pollution limit for selenium that’s been on the books for years.
– WVDEP has refused to obtain permits and set permit limits for abandoned mine sites where it treats water pollution discharges, a move that means the treatment isn’t always up to standards and a practice that has been condemned by a federal judge.
– Agency officials for years ignored water pollution permit violations by coal companies, until EPA came in and did its own enforcement case against Massey Energy. And now, WVDEP’s response has been to enter into a series of “egregious and inadequate” settlements with other mining companies, to avoid similar EPA lawsuits or citizen legal actions.
The petition also targets failings of the state Environmental Quality Board, which takes part in the NPDES program by hearing appeals and deciding legal disputes regarding water pollution permits and enforcement actions.
Citizen groups say that the EQB has violated EPA rules by interpreting state laws to allow WVDEP permit writers to consider “the economic feasibility of compliance” when writing water pollution permit limits. They also allege the board has wrongly ruled that WVDEP is not obligated to enforce provisions of the federal Clean Water Act regulations, such as those that prohibit renewal or reissuance of permits that would result in “backsliding” of water quality.
Under the law, EPA is obligated to respond in some manner … so stay tuned.
12 comments
What a good article Ken. If the USEPA would take control from the WVEPA that would make a world of difference. The way that Mr. Huffman and the WVEPA put off doing anything, and giving the coal operators 2 or 3 years to get into compliance with some of the laws that have proved against them, the coal operators will have finished destroying the mountains, and covered up all the streams by that time. The pictures shown here are down right sickening, and wish there were some way to run this water down the coal operators yards. I eagerly await the decision from the USEPA. Keep up the good work Ken.
my goodness; you people really think if the feds take over wv’s dep , they can make it work? then take a long hard look at what our federal goverment has done for us in the last 6 months. its just plain socialism! they have control of the banks the auto industry the realestate market amtrak and now they are wanting to take over the insurance companys ? bullbutter!!!!!!!
david, you use the word “socialism” as if it were “fascism” (like we had under Bush). Socialism is not bad in every situation. I for one would much prefer a “socialist” healthcare system to the current one which is run by for-profit insurance companies.
Dear Ken: You are to be commended for this article and for the
one you wrote after our Tuesday hearing with the Board of
Reclamation and Review. The two concessions they supposedly
gave us are worthless because they will never be enforced. How
said that it has been made so difficult for the average citizen to
do anything about MTR in their area. We have been fighting for
the Gauley Mountain Range since 2006. I still hope that
common sense will prevail and that MTR will be stopped before
all our mountains are gone. Keep up the great work, Ken. Katheryne Hoffman, Secretary/Treasurer, Ansted Historic
Preservation Council
I agree with D.Long on this one. Growth of the Federal gov’t is NOT desirable. The founding fathers would not be happy with recent developments. This petition by Lovett & Co. is just more of the same- find any and every way possible to stop coal mining or at least make its cost not competitive. The result has been the delay and standstill of permitting, increased costs and AEP requesting a 43% hike in rates. Just like cap & trade the people harmed the most will be the elderly and the poor, victims of unintended consequences. It is looking like “The Decline of the American Republic & Democracy” will be written and read (if the non-elected leaders allow it) in the not to distant future.
It is a disgrace that the WV DEP has allowed the coal companies free reign over the destruction of our water, mountains and the lives and health of our people. I commend the enviromental agencies for their action to put the EPA in charge of the state’s clean water supply. Perhaps then MTR and various destructive impoundments will be halted. Better late than never but why oh why has this taken so long? I’m an Obama Democrat but I’m sure not a Manchin MTR supportor Democrat. Our legislature and our Governor have not stood for the people of West Virginia. Their interests are with the coal companies. Safe, deep mining and stringent laws regarding coal waste are the state’s answer to the Friends of Coal folks.
As I post enviros are climbing a dragline at a Massey mine in twilight W V. God forbid one of those geniuses falls to his or her death!
We’re from the Government and we are here to help.
I guess when Ken Ward and the Gazette finally get coal killed by EPA action or action of the Cap and Trade Economic Detestation & Taxation Act of 2009, all the West Virginians who get their livelyhood destroyed can send their bills to: Ken Ward @ the Gazette.
This is indeed wonderful news regarding WV and NPDES permitting and DEP’s overall performance handling it. In our area of the state; Eastern Panhandle, almost all our rivers and streams have been 303d listed as impaired by fecal coliforms since the announcement in 2002. All with the exception of one that is embattled from becoming the last prized statistic for DEP. That being said the DEP has allowed our municipalities to continue operating outdated equipment and discharging of raw sewage to our water bodies,exposing our recreating and unknowing citizens to potential health risks. As well, allowing newer and more discharges of the same to take place, with minimal to no personnel for consistent inspections. What ever happened to writing fines instead of a mere NOV and a social discussion ?
NPDES Applications we have reviewed over the years are full of inacuracies, i.e. in-correct stream name, location etc. Still the DEP allows the permits despite overwhelming proof of science and reasoning why the permit should be denied, changed,or the applicant made to seek another alternative of sewage disposal other than discharging; DEP along with some of our municipalities blaming the high fecal counts on agriculture, cattle etc. when we have no more large farms of this caliber in our area as they have all been sold off to housing developments, that apply for sewage treatment plant discharges. Instead of preventing the impairment of a water body, i.e. reducing the numbers and size of dischargers, DEP does all it can to appease industry, hoping they
can rely on every day citizens to do the clean up job after the damage is done, or beleive they can destroy it all first then bring in back as it once was.
DEP also does not properly or informatively conduct their public
hearings on NPDES permits. As DEP engineers and permit writers should also be present to address the public’s concerns. The real state of our rivers and streams through out the state WV DEP does not address. All our surface waters should be managed and protected just as much as the next one, whether or not they turn revenue for the state. Quite frankly in speaking with other conservation-environmental groups of our neighboring border states they are appalled at what WV has been allowing to happen to our rivers and streams that are tributaries to neighboring states rivers and streams. So it isn’t like they cannot see through the DEP’s guise, and Mr. Huffman’s comments. If WV was so good with their water quality standards and enforcement, there would not be as many 303d listed streams and rivers in our area as well as other areas of the state for anything. It is definitely something to think about. I think that if these organaizations were to ask many in our area of the state they would be in agreement with their charge and whole heartedly support the effort.
[…] Enviros to EPA: Take Over W.Va. Water Pollution Program (Coal Tattoo) […]
Firstly, I do not believe, for the most part, that the people who work for DEP are the problem. The problem is Joe Manchin and his worthless cronies. How do I know this? Well let’s just say that I have a pretty close view of what is going on. I can see where people are afraid to do their jobs not only due to Joe’s lack of respect for state employees, but also because he has absolutely no interest in the environmental concerns of WV. The extent of his environmental knowledge and concern is REAP solely because of its connection to his beloved uncle. Otherwise, he doesn’t care. He gets his environmental advise from industry representatives rather than the state’s experts, who at least in theory should be unbiased. Joe is the problem.
Which brings me to my second point. A takeover of WVDEP by the EPA doesn’t compare to socialism, a nationalized health care system, auto industry, or anything else. What a takeover by EPA would amount to is removing Joe’s influence over the decisions made by WVDEP. It would free WVDEP personnel to do their jobs without fear of repercussions.
Third, I do not appreciate the attacks on the Gazette and Ken Ward. The Gazette has been the only place available for the citizens of WV (not enviros, radicals, or any other name you can come up with, but CITIZENS) to have a voice. A place for all to have an intelligent (and sometimes unintelligent) dissussion about coal mining in WV. It sickens me when I see the same coverage of coal mining news being twisted and distorted in favor of the coal industry by outlets like WCHS (both TV and Radio), and WSAZ. You cannot blame things on the Gazette and Ken Ward because citizens are getting tired of the Coal Industry walking all over the state. For many years, the Coal Industry has had it all their way, and now with the winds seemingly changing, they are crying fowl left and right.
The Coal Industry is big business. It isn’t alive. I doesn’t have feelings and care about West Virginians. Like any other big business, all it is about is making money fast and hard. When the abilty to make money (coal) is gone, then it is gone. Do not fool yourself about this fact. And remember, this is not to say that there are not good people who work for the Coal Industry. I know there are. But ultimately what they want is not going to trump profits.
D”OH,
Profit is not a bad thing. As a matter of fact it is what drives efficiency and innovation, and lowers costs for consumers especially in highly competitive markets like coal. The profit motive allows people to be employed, generates taxes, and has given us a great standard of living in this country.
The governor is chosen by the citizens and must answer to them and hopefully satisfies the majority and is fiscally responsible and fair. The founding fathers understood the strong need to protect the rights of the states and the need to minimize the power of the federal government. As the federal government’s power is growing and less and less citizens pay taxes, I think the future is bleaker.
Keep enforcement in WV and vote.
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