Specifically on this issue of enforcement protocol for the nararative standards, Randy says, “What I am looking for are well-thought-out ideas on how we can measure aquatic life impacts and tie those impacts back to the problem …”. This is crazy! The DEP is full of excellent biologists and monitoring biologic impact and determining the sources of pollution is nothing new.

Also outrageous or just plain ineptitude is his defense for not having an enforcement protocol based on his assertion that 16 other states on a conference call did not have enforcement protocols therefore WV didn’t have to comply with federal law either!

He is clearly just stalling for time and trying to distract the media/public from his own failings.

That great MOU…
Obama Administration Takes Unprecedented Steps to Reduce Environmental Impacts of Mountaintop Coal Mining, Announces Interagency Action Plan to Implement Reforms: Federal agencies take coordinated action to strengthen oversight and regulation, minimize adverse environmental consequences of mountaintop coal mining
http://tinyurl.com/ydar7hz
http://www.epa.gov/wetlands/pdf/Final_MTM_MOU_6-11-09.pdf

This new OSM director’s pledge…
“Through tougher oversight and stronger enforcement of the Surface Mining Control and Reclamation Act, we are putting all hands on deck to ensure that Appalachian communities are protected,” Pizarchik said.
http://www.ens-newswire.com/ens/nov2009/2009-11-18-093.asp

That hearing…
Hearing held ahead of 30th anniversary of surface mine act on Aug. 3
http://www.appalachian-center.org/media/2007/07_26.html

This GAO report…
http://theenergydaily.com/coal/3961.html

All of it just words and more words.

3/3/10
http://www.register-herald.com/todaysfrontpage/x1765871159/DEP-secretary-tells-senators-EPA-is-ignoring-state
(Excerpt)

A year ago, mountaintop mining was the target, but that debate has since disappeared, he said.

Rather, the focus is now on clean water, and in all the discussions that ensued, Huffman said, the DEP has been left out of the loop.

“When they talked to us, they still have not asked for our opinion on how this water quality definition is to be formulated,” he said.

“That’s troubling, but not surprising.”

Consequently, he said, the “sudden change of direction” at the federal level has stalled a number of mining applications.

While the state is being ignored in the process, Huffman said, legislators and others need to keep in mind that 80 percent of the permitting for every lump of coal is performed at the state level.

What’s more, he said, even the U.S. Army Corps of Engineers is being omitted from the process.

Huffman pointed to the Spruce Knob permit approved in January 2007 as “the most scrutinized surface mining permit in Appalachian history.”

Two years after the permit was approved, the EPA raised objections and has intentions of quashing it, he said.

“In the 40-year history of the Clean Water Act, the EPA has only vetoed a dozen 404 (valley fill) permits nationwide,” Huffman said.

“We have dozens of permits that are hanging under the threat of veto right now if significant changes are not made by the companies.”

In four to six weeks, Huffman said he hopes the DEP can produce a narrative standard to comply with the federal law.

“Our biggest mistake we have made and it’s the hook EPA has in our back as a state is we do not have a protocol for enforcing the narrative water quality standard,” he said.

“We’re going to do that. I know enough about what the problem is, what the real impacts are.”

Cindy is right, standards are standards – and it appears that all the Division of Environmental PERMITTING is interested in, is … talking about standards. God forbid they actually ever make a decision.

Stay tuned next year for more-of-the-same.

(Your tax dollars at work against you.)

—- Numeric or narrative, standards are standards.

why did the WVDEP’s news release try to draw attention away from the coal industry, the clear focus on this problem

The narrative standard has general applicability, so it makes sense to clarify that this guidance will relate to implementing & enforcing the standard in any context, not just mining.