Monday, December 28, 2009

The top green stories of the ‘00s

A review of the major environmental news stories of the decade, compiled by Grist, is available here. From celebrities and politicians taking on green causes to growing concern about the climate to sustainable food, it's been a productive decade in raising awareness about all kinds of issues.

On first anniversary of massive spill, coal ash remains unregulated

On December 22nd, 2008, a quiet evening in the town of Harriman, Tennessee was interrupted when 1.2 billion gallons of toxic coal ash sludge burst out of a nearby landfill, poisoning the land and water in its path and causing untold hardship for families whose lives were turned upside down. A year later, the underlying cause of this massive environmental disaster is still unregulated.

Read the rest of the article here.

Tuesday, December 22, 2009

Mine Drainage Treatment Plant to Improve River Water Quality

Construction has begun on a mine drainage treatment facility that will restore aquatic life to the upper reaches of one of America’s most polluted rivers and improve the economic outlook for the entire region, according to the Pennsylvania Department of Environmental Protection. Full article here.

Thursday, December 10, 2009

Reporting on Coal River Mountain Rally

Written by Cynthia Wildfire.



Protesters on both sides of the Coal River Mountain issue turned out in front of the WV Department of Environmental Protection offices in Charleston Dec. 7. The protest, organized by state environmental groups, coincided with the start of Copenhagen talks on climate change. Around 300 community members turned out to protest blasting on Coal River Mountain, with about 200 counter-protesters showing up, most in reflective mining stripes. As we arrived, the police, who occupied the middle of the parking lot, bisecting the two groups, quickly ushered people to their respective sides. The pro-coal counter-protesters held signs with slogans expressing anger at "treehuggers" and Rep. Nick J. Rahall, who made a statement supportive of the EPA several weeks ago. In addition to the pro-coal advocates shouting slogans such as "Go back home" and "Coal! Coal!" several coal trucks circled the block with horns blaring in an effort to drown out the environmental speakers.


A long list of community members and activists spoke out against the blasting taking place on Coal River Mountain, with the event headlined by final speaker Robert Kennedy, Jr. Some speakers were very focused on Coal River Mountain, while others veered into general opposition to mountaintop removal mining. Within the crowd, there was some excitement about the recent statements Senator Byrd made regarding the future of coal in West Virginia. A couple of speakers directed comments to the WV DEP, asking them to "do their jobs" and enforce the Clean Water Act regulations more stringently, which could result in permits being revoked for the Coal River Mountain mine site. About half of the speakers expressed disappointment regarding WV DEP's management of permits and instead advocated for the US EPA to take over in West Virginia.


Many rally speakers expressed concern that the blasting on Coal River Mountain is taking place less than 200 feet away from the nearly-9-billion-gallon Brushy Fork slurry impoundment. Rally participants and local residents worry that blasting could cause instability in the impoundment, which has been cited for structural problems. Anger from the rally participants was largely directed at Massey Coal, rather than at the industry as a whole, with several retired miners speaking out about the jobs lost through de-unionization and mechanization. Chuck Nelson, a retired miner now working with the Ohio Valley Environmental Coalition, responded to signs condemning President Obama and the EPA: "It's not Obama giving instructions to the EPA - it's us. They are listening to us!" Coalfield resident and Goldman Environmental Prize winner Maria Gunnoe referenced the pro-coal chant "Go Home" by expressing her belief that "Anybody that's here to destroy our mountains is an outsider." She also pointed out the dangers of water quality destruction, both from valley fills and from a potential leak or failure in the coal slurry impoundment, stating, "A paycheck's not important when you don't have water for your children."


Many attendees had signs with the slogan "Save Coal River Mountain" written across an image of a windmill, referencing research that showed the mountain would be an excellent location for a wind farm. Speakers suggested that a wind farm would offer sustainable jobs and energy, in contrast to coal, which they claimed could be mined out within the next generation. Jobs were a key phrase from both sides, with rally speakers asking for sustainable, green jobs, and economic diversification, and coal advocates carrying signs noting their dependence on coal jobs.

Robert Kennedy Jr. ended the rally with a detailed speech that covered various areas of interest, focusing on mountaintop removal in general. He spoke in detail about the externalities of coal, both from mining and burning it, which he said explain why a state with such rich natural resources remains so poor. West Virginia coal provides cheap energy, but the costs of respiratory disease, heavy metal contaminated water, neurological effects during fetal development, and environmental destruction are left out of the sticker price. He repeated a conversation he had had with his father about surface mining in Appalachia in the 1960s, quoting "They're not just destroying the environment. They are also permanently impoverishing these communities," an idea that he linked to Massey's anti-union stance. He suggested that the idea of a tradeoff between the environment and the economy is shortsighted, saying "A good environmental policy is identical to good economic policy" and that environmentally destructive practices like mountaintop removal give only the "illusion of a prosperous economy." Like many previous speakers, Kennedy spoke out against the WV political establishment and the state DEP. Kennedy's speech, as well as the reading of a note from Kathy Mattea, a speech by Rev. Jim Lewis, and Judy Bonds' speech, is available on The Head On Radio Network. Other news articles on the rally are available at the Huffington Post, WOWK TV, Commondreams.org, and the Charleston Gazette.

Senator Byrd Makes Clear His Vision for West Virginia's Future

"West Virginians can choose to anticipate change and adapt to it, or resist and be overrun by it. One thing is clear. The time has arrived for the people of the Mountain State to think long and hard about which course they want to choose." Full speech here.

Mercury Contamination Found to Have Originated from Textile Plant

A federal study says soil contaminated more than 50 years ago by a textile plant is the source of 96 percent of the mercury in the South River. Link here.

Thursday, December 3, 2009

Pa. Residents Sue Gas Driller for Contamination, Health Concerns

Pennsylvania residents whose streams and fields have been damaged by toxic spills and whose drinking water has allegedly been contaminated [1] by drilling for natural gas are suing the Houston-based energy company that drilled the wells. A worker at the company is among the 15 families bringing suit. The civil case, filed Thursday in U.S District Court in Scranton, Pa., seeks to stop future drilling in the Marcellus Shale by Cabot Oil and Gas near the town of Dimock. It also seeks to set up a trust fund to cover medical treatment for residents who say they have been sickened by pollutants. Health problems listed in the complaint include neurological and gastrointestinal illnesses; the complaint also alleges that at least one person's blood tests show toxic levels of the same metals found in the contaminated water.

The suit alleges that Cabot allowed methane [2] and metals to seep into drinking water wells, failed to uphold terms of its contracts with landowners, and acted fraudulently when it said that the drilling process, including the chemicals used in the underground manipulation process called hydraulic fracturing [3], could not contaminate groundwater and posed no harm to the people who live there.

The suit alleges that Cabot allowed methane [2] and metals to seep into drinking water wells, failed to uphold terms of its contracts with landowners, and acted fraudulently when it said that the drilling process, including the chemicals used in the underground manipulation process called hydraulic fracturing [3], could not contaminate groundwater and posed no harm to the people who live there.

"We've been lied to, we've been pushed around, and enough is enough," said Julie Sautner, whose drinking water began showing high levels of methane, iron and aluminum in February and who is receiving fresh water deliveries from Cabot. "We need to push back."

Full article here.

‘Good Samaritan’ bill and mining reform not necessarily opposed

Two bills introduced in Congress by Western legislators seeking to ease liability concerns for mine cleanups and reform mining regulations are not necessarily at odds, advocates say.

Sen. Mark Udall (D-Colo.) has sponsored what is known as the Good Samaritan bill, which would seek to make it easier for groups to clean up abandoned mines without fearing they would then assume liability for the project’s adherence to the Clean Water Act. Meanwhile, Sen. Jeff Bingaman (D-N.M.) has proposed reforms to the nation’s 1872 mining law that would establish severance taxes to pay for cleanups.

“You need all the pieces,” said Peter Butler of the Animas River Stakeholders Group. “Even if you did set up a fund with severance taxes, you’ve got to have someone who is going to use that money, and they’re not willing to use it if they’re going to be liable.”

Udall’s Good Samaritan bill is the 11th similar bill to be introduced in Congress over the past 15 years. The mining industry and major environmental groups have defeated past efforts to pass the law, the latter worried mining companies could abuse the law.

Full article here.

Mercury In 3 Virginia Rivers Traced To Textile Plant

WAYNESBORO, Va. (AP) -- A federal study says soil contaminated more than 50 years ago by a textile plant is the source of 96 percent of the mercury in the South River.

The report by the U.S. Geological Survey says the plant in Waynesboro discharged mercury waste from 1929 to 1950. Mercury washed into the South River and contaminated the Shenandoah and the South Fork Shenandoah rivers, as well. Floodplains along all three rivers also were contaminated.

Hydrologist Jack Eggleston, the report's author, says the findings explain why fish continue to have elevated mercury levels.

The USGS says the Virginia Department of Environmental Quality will use the findings to develop cleanup plans.

Article here.

Thursday, November 19, 2009

New Surface Mining Chief Cracks Down on Mountaintop Removal, Valley Fills

WASHINGTON, DC, November 18, 2009 (ENS) - The U.S. Department of the Interior is taking immediate actions to strengthen its oversight of state surface coal mining programs. The agency will issue federal regulations to better protect streams affected by surface coal mining operations, such as mountaintop removal mining, Interior officials announced today.

Mountaintop removal mining involves clearcutting native forests, using dynamite to blast away up to 600 feet of mountaintop to get at seams of coal, and then dumping the waste rock, called fill, into nearby valleys, often burying streams.

"We are moving as quickly as possible under the law to gather public input for a new rule, based on sound science, that will govern how companies handle fill removed from mountaintop coal seams," said Assistant Secretary for Land and Minerals Management Wilma Lewis. "America's vast coal resources are a vital component of our energy future and our economy, but we have a responsibility to ensure that development is done in a way that protects public health and safety and the environment."

"Until we put a new rule in place, we will work to provide certainty to coal operations and the communities that depend on coal for their livelihood, strengthen our oversight and inspections, and coordinate with other federal agencies to better protect streams and water quality," she said.

Interior's Office of Surface Mining Reclamation and Enforcement, OSM, is publishing an advance notice of proposed rulemaking regarding the protection of streams from the impacts of surface coal mining operations.

Full article here.

Wednesday, November 18, 2009

What To Do With Paper Waste That’s Not Recyclable?

Most paper waste is recyclable. The margin may not be terrific on recycled paper products, except for clean white office paper, but it is usually sufficient to create secondary markets for most paper waste.

The problem arises, however, when that paper is contaminated with food or for some other reason is not recyclable (pizza boxes anyone?). Not only does this potentially contaminate other paper that may be recyclable, but it creates a waste management challenge to municipalities.

So besides using it for campfire kindle, what can we do with it?
A process called thermochemical conversion will take that waste and convert it into usable products, but usually requires superheating, to the tune of 500 degrees C. With that kind of carbon footprint, it’s hard to imagine that this reuse is a worthwhile sustainable effort.

A startup company called Solar Alchemy, which is competing int he 2009 Clean Tech Open in San Francisco, CA, has a proprietary process that will bring that heat requirement down to about 300 degrees. But really, is that much of an improvement. You bet. And not just for the reason you might expect.

Full article here.

Thursday, November 12, 2009

New Mine Drainage Treatment Plant Will Improve 35-Plus Miles of the West Branch Susquehanna River

Barr Township, Cambria County – Construction has begun on a mine drainage treatment facility that will restore aquatic life to the upper reaches of one of America’s most polluted rivers and improve the economic outlook for the entire region, according to the Department of Environmental Protection.

During a groundbreaking ceremony today, DEP Deputy Secretary for Mineral Resource Management J. Scott Roberts said the Lancashire #15 treatment plant will improve water quality in at least 35 miles of the West Branch Susquehanna River.

“No place in America has paid a heavier price for the unregulated mining practices of the past than Pennsylvania’s northern bituminous coal fields and the West Branch Susquehanna River,” Roberts said. “Here in the midst of some of the most remote and beautiful country in the eastern United States, approximately 1,000 miles of the West Branch and its tributaries are impaired because of mine drainage.”

The new mine drainage treatment plant will treat up to 10 million gallons per day of acidic water from the abandoned 7,100 acre Lancashire #15 mine complex. Currently, the Susquehanna River is losing this water because the Lancashire #15 mine pool is pumped, treated and discharged to the Ohio River Basin on the other side of the mountain. This prevents the mine pool from rising to an elevation where it will drain into the West Branch. In 1969, the mine blew out and caused a fish kill for more than 40 miles of the West Branch of the Susquehanna.

The influx of fresh water into the basin will counteract the effects of numerous acidic discharges in the headwaters, restoring aquatic habitat to an estimated 35 miles of the river and improving water quality as far downstream as the Curwensville Lake in Clearfield County.

In addition, the added water will help make up for the estimated 15.7 million gallons that agricultural operations use in the middle and lower Susquehanna Basin, extending the benefits of this treatment plant as far downstream as the Chesapeake Bay.

Full article here.

EPA Study Reveals Widespread Contamination of Fish in U.S. Lakes and Reservoirs

WASHINGTON – A new EPA study shows concentrations of toxic chemicals in fish tissue from lakes and reservoirs in nearly all 50 U.S. states. For the first time, EPA is able to estimate the percentage of lakes and reservoirs nationwide that have fish containing potentially harmful levels of chemicals such as mercury and PCBs.

“These results reinforce Administrator Jackson’s strong call for revitalized protection of our nation’s waterways and long-overdue action to protect the American people,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “EPA is aggressively tackling the issues the report highlights. Before the results were even finalized, the agency initiated efforts to further reduce toxic mercury pollution and strengthen enforcement of the Clean Water Act – all part of a renewed effort to protect the nation’s health and environment.”

The data showed mercury concentrations in game fish exceeding EPA’s recommended levels at 49 percent of lakes and reservoirs nationwide, and polychlorinated biphenyls (PCBs) in game fish at levels of potential concern at 17 percent of lakes and reservoirs. These findings are based on a comprehensive national study using more data on levels of contamination in fish tissue than any previous study.

Burning fossil fuels, primarily coal, accounts for nearly half of mercury air emissions caused by human activity in the U.S., and those emissions are a significant contributor to mercury in water bodies. From 1990 through 2005, emissions of mercury into the air decreased by 58 percent. EPA is committed to developing a new rule to substantially reduce mercury emissions from power plants, and the Obama Administration is actively supporting a new international agreement that will reduce mercury emissions worldwide.

Full article here.

Friday, November 6, 2009

DEP may partner with drillers to clean up acid mine drainage

The Pennsylvania Department of Environmental Protection and several Marcellus Shale drillers are hoping to band together to tackle a major environmental issue by turning the drillers’ need for millions of gallons of water into an opportunity to clean up acid mine drainage.

The department has been in discussions with Range Resources Corp., Seneca Resources Corp. and others about a new way to ensure that Pennsylvania’s 5,000 miles of streams and rivers impaired by the orange, metal-heavy discharge from abandoned mines are kept clean.

Currently, local watershed organizations and the DEP treat mine drainage using, among other things, state Growing Greener grants that sunset next year.

“I think there’s a crisis looming across the state,” said Mark Fedosick, president of the Montour Run Watershed Association, whose latest mine drainage treatment system opened on Nov. 6 in Findlay Township.

Fedosick said he wonders where watershed groups like his will find funding when the grants expire. Adding to that anxiety is the seemingly infinite lifespan of an abandoned mine.

“Discharges don’t dry up. They’re ground water. They’re being fed by streams,” said J. Scott Horrell, environmental program manager with the state’s Bureau of Abandoned Mine Reclamation.

At the same time, the natural gas industry is facing a problem of its own — it needs millions of gallons of water to fracture each well, a process that involves pumping the water mixed with chemicals into the dense rock at such high pressure as to crack it and release the natural gas trapped inside.

Full article, click here.

Wednesday, November 4, 2009

Great Lakes Restoration Initiative

November 3, 2009. President Obama signed legislation that authorizes $475 million for Fiscal Year 2010 on October 30. Governor Strickland today thanked President Obama for this significant step toward the restoration and protection of Lake Erie.

These funds respond to a plan of action prepared by the Great Lakes States and its citizens in cooperation with 16 federal agencies known as the Great Lakes Regional Collaboration Strategy. This Strategy achieved Great Lakes wide agreement on what needs to be done to restore the Great Lakes and President Obama’s Great Lakes Restoration Initiative provides funding to implement these plans.

Funding is available for the most significant problems in the Great Lakes, including invasive aquatic species, habitat restoration, non-point source pollution, contaminated sediment clean up, water quality, and beach monitoring/clean up.

Lake Erie and Ohio has been affected by all of these problems. Projects and plans have previously been developed by Ohio and cooperating organizations. The Lake Erie Protection and Restoration Plan, Lake Erie Lakewide Management Plan (LaMP), the Remedial Action Plans for the Ashtabula, Cuyahoga, Black and Lower Maumee Rivers as well as other watershed and Basinwide Plans have provided a list of programs and projects that reflect the needs of Lake Erie as developed with significant citizen input. The Great Lakes Restoration Initiative can provide significant funding to implement these plans.

Ohio is preparing to move quickly to utilize these funds. A Fact Sheet and Draft List of possible projects, which includes programs and projects of state government and partners in Lake Erie restoration and protection, is accessible at the Commission’s website for Ohio GLRI projects. The list reflects many projects for which funding may be requested of USEPA and other federal agencies. This list of projects is a draft, subject to change and requires further input and review before submission. The projects vary in their length of time from one-to-three years. The final project list will be developed after the Request for Proposals are issued.

A website for the Fact Sheet and Ohio GLRI projects has been opened at lakeerie.ohio.gov/GLRI/ASPX. Any comments can be conveyed to the Ohio Lake Erie Commission or to the Agency contacts identified on this webpage. The Fact Sheet and Project List and additional details will be posted to this website to provide an opportunity to keep the materials current and up-to-date.

Tuesday, November 3, 2009

EPA Requests Comments on Survey for Stormwater Rule

WASHINGTON - The U.S. Environmental Protection Agency is proposing a survey to help strengthen stormwater regulations and reduce stormwater discharges from newly developed and redeveloped sites. Stormwater discharges can harm water quality through increases in stormwater volume and pollutant loadings into nearby waterways.

Generally, as sites are developed, less ground area is available for rain to soak into, which increases stormwater volume. This stormwater flows across roads, rooftops and other surfaces, picking up pollutants that then flow into waterways. The draft survey would require detailed information about stormwater management and control practices, local regulations, and baseline financial information.

EPA plans to propose a rule to control stormwater from newly developed and redeveloped sites and to take final action no later than November 2012. In support of this rulemaking, EPA is proposing to require three different groups to complete questionnaires about current stormwater management practices: 1) the owners, operators, developers, and contractors of newly and redeveloped sites; 2) the owners and operators of municipal separate storm sewer systems; and 3) states and territories.

The proposed survey will be open for public comment for 60 days following publication in the Federal Register.

More information: http://www.epa.gov/npdes/stormwater/rulemaking

Abandoned Mines Would Grow Algae in Mo. Biofuels Project

Backers of algae-based biofuels tout the simplicity of their feedstock. Sunlight and water are all that's needed to convert carbon dioxide into fuel.

Now, some scientists are testing the notion that sunlight might be optional.

Researchers at the Missouri University of Science and Technology are planning to grow algae for fuel in abandoned mines using light-emitting diodes, or LEDs.

"About this time in the conversation, someone usually raises their hand and says, 'But it's dark,'" said David Summers, a mining engineering professor. "That's not necessarily a disadvantage."

Algae need light to produce lipids, or oil, but they work best when they use only the red and blue parts of the light spectrum and when they are given time in the dark to process the photons, Summers said.

That is where LEDs come in, Summers said. They can be tailored to emit only the needed light frequencies, and they can be set to pulse several times a second at a rate that gives the algae time to absorb and process the light energy without wasting it.

"When it's sunny, plants are totally saturated pretty early on in the day," said D.J. Vidt, a graduate student. "Unless they get shade to process the photons, it's basically wasted energy. We're just shortening ours from hours to milliseconds ... for efficiency."

Using LEDs to grow algae is not a new idea. Researchers have been working on the concept for years, and some startup companies are using the idea as the basis for their business models.

"We like LEDs because they're so efficient," said Riggs Eckelberry, president and CEO of OriginOil Inc., a California-based company using LEDs to grow algae.

But Summers wants to take the concept a step further by placing the photobioreactors, which house the algae, underground in abandoned mines. Using mines allows algae growers to address three problems of open, outdoor ponds: evaporation, contamination and fluctuating temperatures.

Full article here.

Monday, November 2, 2009

PA DEP Announces Nine Projects to Reclaim 235 Abandoned Mine Land Acres

Harrisburg – Environmental Protection Secretary John Hanger announced today that dangerous abandoned mine lands featuring steep cliffs, waste coal that pollutes streams, and exposed coal seams that can ignite will be cleaned up under nine contracts awarded during the third quarter of 2009.
DEP awarded the contracts under programs that address the most dangerous mine sites and, in some cases, allow modern coal mining companies to clean up historic messes at no cost to taxpayers.

The nine contracts were for projects in Allegheny, Cambria, Clarion, Jefferson, Mercer and Somerset counties.

“We have begun several significant abandoned mine reclamation projects in the past three months that clean up mine drainage, restore aquatic life to severely degraded streams, and reclaim dangerous minelands where it’s apparent people have been trespassing and dumping trash,” Hanger said. “These projects address a wide assortment of problems ranging from filling in abandoned mine shafts to exposing old abandoned underground mines and correcting subsidence problems. At many locations, this work is being done at no cost to the taxpayers.”

The federal Abandoned Mine Lands Fund is the largest source of funding for the mine reclamation work in Pennsylvania. The fund is overseen by the U. S. Office of Surface Mining Reclamation and Enforcement and is supported by a fee on the modern mining industry. The funding is distributed to states as annual grants to reclaim mine sites that were abandoned prior to passage of the federal Surface Mining Control and Reclamation Act of 1977.

Full article here.

Wednesday, October 28, 2009

Maryland's waters still a toxic dumping ground?

Factories and power plants discharged more than 2 million pounds of toxic chemicals into Maryland waterways, according to a new report by Environment Maryland. And three-fourths of that wound up in Baltimore's Curtis Bay, ranking it among the top 50 waterways nationally for toxic discharges.

Drawing on toxic chemical releases reported by industries for 2007, the most recent year available, the environmental group argues that government has not done enough to minimize the health and environmental threats posed by allowing such discharges into the nation's waters.

In the Chesapeake Bay watershed, the group notes, the Susquehanna River ranked in the top 20 nationally for receiving toxic discharges, with industries reporting more than 2.6 million pounds released into the water body that supplies half the bay's fresh water. And at the other end of the bay, Virginia's James River received the 6th largest amount of toxic chemicals linked with developmental problems in children.

Toxic discharges are far higher in other parts of the country, the group's report reveals, with the Ohio, New and Mississippi rivers on the receiving end of the most pollution. And the amounts industry reports discharging have been greatly reduced overall, since they first began reporting such releases two decades ago.

But there's still plenty that could be done in Maryland and the rest of the bay region to reduce exposure to harmful chemicals, argues Environment Maryland's Tommy Landers. He urged state and federal leaders not to skip over toxic pollution as they draw up plans for ramping up the bay restoration effort. To see the full report, go here.

Wheeling Approves Oil, Gas Drilling in City Parks

October 21, 2009 · Wheeling City Council approved a resolution Tuesday night that will allow Chesapeake Appalachia to drill for natural gas on city property near Oglebay and Wheeling parks.

Some residents are worried however about the environmental impacts drilling could have on the parks and their community.

Earlier this month, Wheeling City Council tabled a similar motion to give the Wheeling Park Commission approval to move forward with allowing Chesapeake to drill in the parks.

Wheeling mayor Andy McKenzie says he voted for the proposal, but with reservations.

“It is a very emotional issue because it is Oglebay Park and if we had not moved forward, the drilling still would have moved forward without any control by the city of Wheeling or the Wheeling Park Commission,” McKenzie said.

One council member, Robert “Herk” Henry, voted to table the issue for another week.

He says he’s getting calls from residents concerned about how the drilling will affect their drinking water.

“My concern is whether it is going to pollute their wells, because I imagine some people have well water up there,” Henry said.

One of those residents concerned about the environmental impacts of Marcellus shale drilling in the parks is Wheeling resident Bruce Edinger. He is a former biology professor at West Liberty University and Glenville State College, and has studied the impacts of acid mine drainage in Harrison County.

Full article

Blasting Begins on Coal River Mountain

We have been told, and the West Virginia Department of Environmental Protection has confirmed, that blasting has begun at Coal River Mountain. Coal River Mountain is the tallest mountain ever slated for mountaintop removal, and remains the very last mountain in the Coal River Valley that is still in tact. This is Coal River Mountain (intact) as viewed from Kayford Mountain, one of the largest mountaintop removal sites in Appalachia.

Enormous and intensive blasting will take place directly adjacent to the Brushy Fork impoundment, the largest of its kind in the world, which holds 8.2 billion gallons of toxic sludge. The dam holding back the contents of the Brushy Fork impoundment is a Level C dam, which places it on Standby Alert, and means the "dam has specific problems that could lead to failure." Residents of Pettus, WV - the nearest town - if timely notified, will have only 12 minutes to evacuate in the event of a catastrophic failure.

Mountaintop removal has already buried and polluted nearly 2000 miles of America's headwater streams according to government data. EPA, the Army Corps of Engineers, and scores of stream ecologists have acknowledged the immense and irreversible damage which comes from destroying these headwater streams and filling them with arsenic, selenium, mercury, and other heavy metals and chemicals.

Full article

DEP Revokes Erosion and Sedimentation Control Permits for Two Gas Companies

Williamsport – The Department of Environmental Protection has revoked three erosion and sedimentation control general permits previously issued to Ultra Resources Inc. and Fortuna Energy Inc. due to technical deficiencies, and has sent notice of violation letters to the three licensed professionals who prepared the applications.

“DEP took this action because of numerous technical deficiencies discovered after our approval of the permits,” said DEP Northcentral Regional Director Robert Yowell.

The erosion and sedimentation control general permits are required whenever more than five acres of earth will be disturbed during construction of natural gas well drilling pads or natural gas pipelines.

As part of an expedited permit review process that DEP announced earlier this year, a licensed professional engineer, surveyor, geologist or landscape architect must submit a notice of intent and supporting documentation to DEP, including a certification that the information submitted meets the permit requirements.

DEP staff performs an administrative completeness review, but relies on the professional’s certification that the application is technically correct and meets all the permit requirements.

The technical deficiencies in both permits included inaccurate calculations, failure to provide best management practices where required, and lack of proper technical detail.

The permit revocations mean that Ultra Resources and Fortuna Energy must immediately halt all earth disturbance activities at the sites except those necessary to install or maintain erosion and sediment control or post-construction and site restoration best management practices.

The Ultra Resources permit was for sites in Gaines and Elk townships, Tioga County, and Pike and Abbott townships, Potter County. The Fortuna permit covered sites in Ward and Jackson townships, Tioga County.

Neither company is eligible to re-submit notices of intent requesting the expedited permit process for those locations.

The three permits were appealed to the state Environmental Hearing Board by the Chesapeake Bay Foundation in August and September, prompting DEP officials to re-examine the permits to determine if they met the regulatory requirements.

In its letter to the three licensed professionals, DEP warns that additional enforcement action may be taken against them, including possible referral to the Department of State, Bureau of Professional and Occupational Affairs for disciplinary action.

The licensed professionals receiving the letters include James Gensel of Fagan Engineers in Elmira, N.Y.; Karl Matz of Larson Design Group Inc. in Williamsport; and K. Robert Cunningham of Cunningham Surveyors in Wellsboro.

For more information, call 570-327-3659 or visit www.depweb.state.pa.us keyword: Oil and gas.

Thursday, October 15, 2009

Obama Task Force public hearing for Healthy Oceans and Great Lakes - Cleveland/Midwest

WHEN: Oct. 29, 4 - 7 pm
WHERE: Downtown Marriott, Key Center, 127 Public Square, Cleveland, OH
WHY: This is a chance for Ohioans to say why a strong national policy for healthy Great Lakes and oceans would be good for Ohio and the nation as a whole. Specifically we can speak up on how the Great Lakes Restoration Initiative can help form a better National Policy.
RSVP: http://www.facebook.com/event.php?eid=143762935967
BACKGROUND: On June 12, President Obama announced the creation of a federal Ocean Policy Task Force to develop a unifying national policy and framework to effectively manage the increasing amount of industrial pressure on our oceans and Great Lakes. The June 12 Presidential Memorandum establishing the Task Force is attached. More information can also be found at: http://www.whitehouse.gov/administration/eop/ceq/initiatives/oceans/.

Budget Dramatically Shifts Resources From Environmental Protection, Natural Resource Conservation

HARRISBURG, Pa., Oct. 14 /PRNewswire-USNewswire/ -- Cuts and diversions in the budget just adopted by the state have dramatically reduced spending for environmental and natural resource programs in Pennsylvania by $347 million in just one year according to Donald S. Welsh, President & CEO of the Pennsylvania Environmental Council.


"The unprecedented 26 percent cut in the Department of Environmental Protection and 18 percent cut in Department of Conservation and Natural Resources budgets raise significant doubts about the capacity of both agencies to fulfill their missions," said Welsh. "Environmental programs for some reason seem to have been singled out for cuts that go way beyond the average 9 percent suffered by other agencies."


The General Fund budget of DEP was cut $58 million, or 26.7 percent, with most of the cuts coming in line items used to fund staff positions. Over 300 positions are at risk of being eliminated as a result of these cuts.

DCNR's General Fund budget was cut $21 million, or 18.5 percent, with again many of the cuts coming in personnel line items. There are about 160 positions at risk of being eliminated at DCNR.

"Of great concern is the diversion of $234 million from the Oil and Gas Fund to the General Fund that was earmarked for improving recreation and access to our State Parks and Forests," said Welsh. "Taking the proceeds from mineral rights sales away from conservation programs erases 55 years of precedent in Pennsylvania."

$174 million was transferred from the Oil and Gas Fund to balance to 2008-09 budget, and $60 million is to be transferred to balance the 2009-10 budget. Another $180 million is set to be used from the Fund to balance the 2010-11 budget, as well.

"Adding to these diversions is the requirement in the budget to lease thousands of acres of State Forest land for Marcellus Shale natural gas drilling to raise the money needed for the diversions," said Welsh. "It is a sad day for the Commonwealth when we are selling off our natural resources to balance the budget."

For full article, click here.

Wednesday, October 14, 2009

Successful Clean Up Event


At ECRR, we are always pleased to share news of successful events by watershed groups throughout the region. Delaware & Lehigh National Heritage Corridor had a cleanup of invasive plants and weeds from in and around Lock 4 of the Delaware & Lehigh National Heritage Corridor. Some two dozen volunteers participated in the effort to beautify an area that includes a memorial observation deck that overlooks the Lehigh River.

By bringing together members of the Delaware & Lehigh Trail Tenders, some local foster care youth, and Lehighton Boy Scout Troop 82 we were able to put a huge dent into a neglected portion of the Weissport Canal Trail. In the space of five hours the two dozen or so participants at this community activity accomplished the first phase of an ongoing project to restore and maintain the landscape around Lock 4. Lock 4 is located approximately 2 1/2 mile north of the Weissport Trailhead in Lehighton.

Tuesday, October 6, 2009

EPA Puts Brakes on Permits

The Obama administration put the brakes on 79 applications for surface coal mining permits in four states Wednesday, saying they would violate the Clean Water Act.

Twenty-three of the pending permits are in West Virginia, all in the southern coalfields.

The action is the administration’s latest attempt to curb environmental damage from a highly efficient but damaging mining practice known as mountaintop removal. Each permit likely would cause significant damage to water quality and the environment, the Environmental Protection Agency said in a statement.

Full article here.

Monday, September 28, 2009

Water Contamination Concerns Linger For Shale Gas

Advances in technology have helped boost the growth of shale drilling in the United States over the past few years. But as the practice of harvesting natural gas embedded in shale rock deep below the Earth's surface has expanded, it has raised concerns about the impact this type of drilling has on the environment — especially on groundwater.

At issue is the practice of "hydraulic fracturing," which in combination with horizontal drilling is an essential part of the shale gas production process. The shale rock in which the gas is trapped is so tight that it has to be broken in order for the gas to escape. A combination of sand and water laced with chemicals — including benzene — is pumped into the well bore at high pressure, shattering the rock and opening millions of tiny fissures, enabling the shale gas to seep into the pipeline.

This fracturing technique has been in use since 1948, and industry sources say the procedure has been used in a million gas wells in the years since. But the practice has expanded in the past few years as energy companies began exploring shale formations.

The results have been so successful that energy analysts now see the development of shale gas reservoirs as a key step toward U.S. energy independence and a cleaner environment. When burned, natural gas produces about 25 percent less carbon dioxide than coal.

Full NPR article

Friday, September 25, 2009

Colorado Water Cleanups Hobbled By ‘Good Samaritan’ Legal Risks

LEADVILLE — It’s a fall morning in the mountains just outside this Lake County town. Contractors in yellow earthmovers are cleaning up acid mine drainage in the Sugarloaf Mining District. They’re part of a unique government-nonprofit-college collaboration that has made great strides in improving water quality in the Lake Fork of the Arkansas River.

Everyone involved in this feel-good project, however, is a target of potential lawsuits under the Clean Water Act.

A Clean Water Act suit has been filed successfully only once against a voluntary mine drainage cleanup project, in 1993 in California, but it was enough to scare off so-called Good Samaritan clean-up groups across Colorado, according to Elizabeth Russell, mine restoration project manger for Trout Unlimited, one of the groups involved in the Lake Fork restoration project.

“The risk is low, but there is risk,” she said.

In the case, Committee to Save the Mokelumne River v. East Bay Municipal Utility District, the court found that a landowner who attempts to clean up pollution from an abandoned mine can be found liable if the treated water does not meet Clean Water Act standards.

Lacking the funds to build and maintain million-dollar treatment plants, most Good Samaritan remediation projects succeed in stopping the lion’s share of toxic flows but fail to prevent relatively small amounts of acid drainage into the watershed, enough to be considered “a discharge of pollutants” under the Clean Water Act.

For the full story, click here.

Wednesday, September 23, 2009

OSM/VISTA Teams’ founder honored with Service to America Medal


For the first time the Partnership for Public Service has recognized the leader of a National Service project with its highest award.

The Partnership has awarded its 2009 Service to America Medal in the Environment category to Dr. T Allan Comp, coordinator of the Office of Surface Mining's two teams of AmeriCorps Volunteers In Service To America. These OSM/VISTAs support small community groups in addressing environmental and economic issues in some of the poorest parts of America - historic mining communities throughout Appalachia and in the West.

Comp founded and coordinates the Appalachian Coal Country Watershed Team (ACCWT) and the Western Hardrock Watershed Team (WHWT). The ACCWT serves the eight-state coal region of Appalachia, while the WHWT serves mining communities in Colorado and New Mexico. Earlier this year, Comp became the first federal employee to be named a National River Hero by the River Network, and has been a Purpose Prize Fellow. Those awards also honor his work with the watershed teams.

The ACCWT includes 43 OSM/VISTAs. Since its inception in 2002, community volunteers recruited by those OSM/VISTAs have logged 122,281volunteer hours, with more than 17,000 hours in the past year alone. The Western Hardrock Watershed Team, founded in 2007, includes 30 OSM/VISTAs and has logged 4,179 community volunteer hours.

Friday, September 18, 2009

DEP, FISH AND BOAT COMMISSION MONITORING DUNKARD CREEK FISH KILL


PITTSBURGH — The Pennsylvania Department of Environmental Protection and the Pennsylvania Fish and Boat Commission (PFBC) announced today that officials are working with West Virginia Department of Environmental Protection and the U.S. Environmental Protection Agency to address a fish kill in Dunkard Creek, first detected in West Virginia on Sept. 1 and reported to DEP on Sept. 8.

More than 30 stream miles in Pennsylvania and West Virginia have been impacted by a discharge, which is originating from West Virginia and contains high levels of total dissolved solids (TDS). At least 16 species of freshwater mussels and at least 18 species of fish were killed by this pollution event in Dunkard Creek.

The main stem of Dunkard Creek, located in Pennsylvania, is designated as a warm water fishery.

DEP is collecting water quality data which will track the progress of the pollutant and its impact on Dunkard Creek, while the PFBC has established multiple sampling stations to conduct biological assessments that include counts of dead aquatic life and the condition of living fish in the stream.

“The damage done to Dunkard Creek is substantial and tragic. DEP will continue to monitor water quality so that when the responsible party is determined by West Virginia and EPA, we are positioned to take appropriate enforcement action,” said Acting Southwest DEP Regional Director Ronald Schwartz. “We appreciate the continued cooperation and efforts by West Virginia and EPA officials.”

“Our staff has documented numerous species of gamefish killed by the pollution event, including muskellunge, smallmouth bass, and flathead catfish, and various species of redhorses, minnows, darters, freshwater mussels, and mudpuppies – also known as aquatic salamanders,” said PFBC Southwest Regional Law Enforcement Manager Emil Svetahor. “We are working closely with DEP and other partners to conduct the ongoing investigation.”

The West Virginia and Pennsylvania forks of Dunkard Creek merge in Shamrock, Pennsylvania, to form Dunkard Creek, which meanders nearly 38 miles along the southwest border of the commonwealth and West Virginia, before its confluence with the Monongahela River just downstream of Point Marion.

EPA REGION 3 LAUNCHES ELIZABETH RIVER PRIORITY PROJECT WEBPAGE

EPA Region 3's internet site has launched a Web page dedicated to the Elizabeth River Priority Project whose goal is to revitalize one of the most severely polluted rivers in the nation and protect human health and wildlife. The Web page identifies the projects and objectives to improve the river's water quality (such as reducing toxics and nutrients from storm water runoff); provides information on the various EPA programs coordinated for cleanups, pollution prevention, and wildlife habitat restoration; and will also supply information on the brownfield and superfund redevelopment/reuse programs to restore the river's environment. The Elizabeth River Priority Project webpage can be found at: http://www.epa.gov/region03/elizabethriver

Urban streams contaminated by road salt

Study: Urban streams contaminated by road salt

By STEVE KARNOWSKI (AP) – 1 day ago

MINNEAPOLIS — Many urban streams have become salty enough to harm aquatic life, largely because of salt used for deicing roads in the winter, according to a new government study released Wednesday.

The U.S. Geological Survey studied urban streams and groundwater for levels of chloride, a component of salt, in 20 states spanning from Alaska to the Great Lakes and Northeast.

It found chloride concentrations above federal recommendations designed to protect aquatic life in more than 40 percent of urban streams tested. The highest levels were measured in those streams during the winter — as much as 20 times the federal guidelines — when salt and other chemicals are commonly used for deicing.

Read the rest of the story here.

Wednesday, September 16, 2009

EPA revamping rules for toxic releases from coal plants

The U.S. Environmental Protection Agency announced yesterday that it plans to revise the existing standards for wastewater discharges from coal-fired power plants.

The news came one day after three environmental groups announced they intend to sue the agency for failing to properly regulate such discharges. Many of these releases come from coal ash ponds like the one that failed catastrophically last year at the Tennessee Valley Authority’s Kingston plant in eastern Tennessee, an incident that released more than a billion gallons of toxic sludge into a nearby community and river.

Read the rest of the Grist article here. Read the EPA announcement here.

Tuesday, September 15, 2009

Virginia Water Central August 2009 issue

The latest issue (August 2009, Issue #50) of Water Central is now available at the Water Center's Web site: http://www.vwrrc.vt.edu/watercentral.html.

Please note that I have moved to a one-column-only version. I hope this is satisfactorily readable if you choose to print off the publication, rather than reading it online.

In this issue (in order of appearance):
Editor’s Comment
Feature: Confluence of Water Quality Policies
For the Record: Waterway Condition Reports
Water Status Report
In and Out of the News
Special News Items: Hardware River Research
Water Quality and You (también en español)
Va. Govt. Water Issues Overview
Notices
At the Water Center
2009 Virginia Water Research Conference
Teaching Water
You Get the Last Word

Previous issues (beginning June 1998) are also available on the newsletter Web site.

Monday, September 14, 2009

Toxic Waters - NYT

By CHARLES DUHIGG
Published: September 12, 2009

Jennifer Hall-Massey knows not to drink the tap water in her home near Charleston, W.Va.

In fact, her entire family tries to avoid any contact with the water. Her youngest son has scabs on his arms, legs and chest where the bathwater — polluted with lead, nickel and other heavy metals — caused painful rashes. Many of his brother’s teeth were capped to replace enamel that was eaten away.

Neighbors apply special lotions after showering because their skin burns. Tests show that their tap water contains arsenic, barium, lead, manganese and other chemicals at concentrations federal regulators say could contribute to cancer and damage the kidneys and nervous system.

Read the rest of the article here.

Friday, September 11, 2009

EPA Suspends 79 Mountaintop Removal Coal Permits

By Jim Efstathiou Jr.

Sept. 11 (Bloomberg) -- The Environmental Protection Agency said today that 79 permits to mine coal by removing mountain tops and discarding the debris in neighboring streams must be held for further review.

In a preliminary decision involving sites mainly in Kentucky and West Virginia, the EPA found unresolved water quality issues near the mining projects, the U.S. agency said today in a news release. Earlier this year the EPA said it would review all pending permits for mountaintop removal in the Appalachia region, citing concerns over water pollution and the health of nearby rivers, streams and aquifers.

See the rest of the article here.

Wednesday, September 9, 2009

Poll: Environmental Involvement Tied to Empowerment, Confidence

Now here’s a survey that goes beyond the same old same old questions and answers! It’s the Civic Health Index, brought to you by the National Council on Citizenship. The bad news is they found that the tough economy is suppressing everyday citizens’ involvement in community affairs. The good news is that they have some specific recommendations about what to do about it — which corroborate a fundamental tenet of the Water Words That Work method:

"As in much previous research, we find a positive relationship between a citizen’s feeling of empowerment and whether he or she is civically engaged"

Click here for the rest of the article.

Crews turning old SW Ind. coal mine to wetland

Associated Press
5:25 a.m. CDT, September 9, 2009

BRUCEVILLE, Ind. - State crews are turning a long abandoned southwestern Indiana coal mine into a wetland area that officials hope will improve water quality.

The Enoco mine near Bruceville, about 50 miles north of Evansville, closed in the mid-1960s after being an active coal mine for a half century.

It's been an environmental concern ever since, with pollutants leaching into nearby water systems and farmlands.

But the state Department of Natural Resources' Division of Reclamation is trying to address concerns by installing a wetland area.

The site will first be covered with a mixture of compost, hay, and lime to soak up the pollutants. It will then be planted with wetland plants, shrubs and prairie grasses.

Tuesday, September 8, 2009

EPA PROHIBITS SEWAGE DISCHARGE INTO CHESAPEAKE BAY WATERSHEDS

EPA is prohibiting sewage discharge from vessels into the Chesapeake Bay watersheds of Broad Creek, Jackson Creek, and Fishing Bay Watersheds in Middlesex County, Va. and designating these waters as 'no discharge' zones to protect water quality and human health. There is a need for greater environmental protection than the federal standard since the watersheds are host to many human contact activities including water skiing, and swimming, as well as boating, fishing, and crabbing. The EPA action will protect the rare, threatened and endangered plant species, animals, marine mammals, sea turtles, and waterfowl dependent on good water quality for their survival. For more information, go to http://www.epa.gov/OWOW/oceans/regulatory/vessel_sewage/vsdfaq.html

CONFERENCE PROMOTES BROWNFIELD REDEVELOPMENT TO RE-ENERGIZE WEST VIRGINIA COMMUNITIES

The fourth annual West Virginia Brownfield Conference took place on Sept. 1-2, at the Waterfront Place Hotel in Morgantown, W.Va., hosted by Marshall University, West Virginia University and others. The conference presented attendees with the opportunities and challenges that can be mustered to revitalize local communities through the redevelopment of Brownfield properties. EPA representatives presented a grant writing workshop and participated in panel discussions with developers, regulators, and community members, providing tips and case studies on how to bring communities back to life. For more information, go to http://www.wvbrownfields.org/conference.cfm

EPA SEEKS PUBLIC INPUT ON NATIONAL ENFORCEMENT PRIORITIES THROUGH ONLINE FORUM

EPA has launched an online discussion forum for public input on the future priorities for EPA's national enforcement program. The public will be able to provide feedback through the EPA Web site until Dec. 1, as a forum to submit ideas for EPA to consider as a focus for new areas of enforcement. All ideas will be evaluated and considered for recommendation to the EPA administrator about the future direction of EPA's national enforcement and compliance priorities. The current enforcement priorities through 2010 focus on significant environmental problems, including pollution from stormwater runoff, air toxics, concentrated animal feeding operations, and mineral processing. To submit suggestions for potential priorities, go to http://blog.epa.gov/enforcementnationalpriority/ For information on the enforcement priorities, go to http://www.epa.gov/compliance/data/planning/priorities/index.html

Friday, September 4, 2009

U.S. finds water polluted near gas-drilling sites

From: Jon Hurdle, Reuters
Published August 27, 2009 04:51 PM
PHILADELPHIA (Reuters) - U.S. government scientists have for the first time found chemical contaminants in drinking water wells near natural gas drilling operations, fueling concern that a gas-extraction technique is endangering the health of people who live close to drilling rigs.

The Environmental Protection Agency found chemicals that researchers say may cause illnesses including cancer, kidney failure, anemia and fertility problems in water from 11 of 39 wells tested around the Wyoming town of Pavillion in March and May this year.
The report issued this month did not reach a conclusion about the cause of contamination but named gas drilling as a potential source.

See the rest of the story at http://www.enn.com/top_stories/article/40407

Wednesday, September 2, 2009

Climate Change Makes River Restoration More Important than Ever, Paper Concludes

WASHINGTON, D.C., September 1, 2009 --/WORLD-WIRE/-- Restoring river ecosystems and riparian corridors can play an important role in combating climate change impacts to ecosystems by connecting one area to another, enabling plants and animals to move as the climate shifts. It also will create places that shelter fish and wildlife from hotter temperatures, which ecologists call "thermal refugia."

Those are among the conclusions of a new peer-reviewed paper by seven organizations that evaluated how protecting and restoring river ecosystems and riparian areas can enhance the ability of these ecosystems to cope with climate change. This work appears in the September issue of Ecological Restoration with a collection of articles dedicated to the theme of restoration and climate change. In the paper, the scientists discuss the importance of replanting riparian vegetation and ensuring that rivers have sufficient water to maintain flows that benefit birds, fish and other wildlife, and human communities. Based on these and other benefits of riparian restoration, the authors recommend that river restoration activities continue and expand as the climate changes.

"I often hear people ask: 'if climate change is going to disrupt natural systems, why should we bother to restore them?'" explains Nat Seavy, terrestrial research director at PRBO Conservation Science. "Restoration, especially of riparian areas, is a critical step toward protecting the integrity of ecosystems and the benefits they provide - including clean water, pollination, and flood protection - to wildlife and humans in a time of rapid climate change."

The authors also discuss the need to modify restoration strategies to prepare for the uncertain conditions predicted to accompany climate change, and for ongoing research and monitoring to evaluate and improve restoration practices. Recommendations include planting a mix of riparian plants that are both drought and flood tolerant, ensuring that rivers have sufficient water to provide for periodic flooding of natural areas, and increasing habitat restoration on private lands.

"Protecting genetic diversity and native biodiversity with restoration projects will boost the resilience of society and nature to potentially catastrophic climate change impacts," says paper co-author Stacy Small, conservation scientist with Environmental Defense Fund's Center for Conservation Incentives. "Working with landowners to restore private lands will also enhance restoration efforts on adjacent public lands."

For decades, conservationists have been aware that increasing human populations, development, and changing land use threaten biodiversity and ecosystem services. Ecological restoration was originally developed to help speed the recovery of landscapes disrupted by human activities. Today, there is a growing awareness that ecological restoration also must look ahead to consider the potential consequences of a changing climate.

"Because dams and water diversions have disrupted natural water regimes, simply protecting the river isn't enough," explains Thomas Griggs, senior restoration ecologist with River Partners, an organization that has led restoration efforts along the Sacramento and San Joaquin Rivers. "Over the last 20 years, we've learned how to speed the return of birds and other wildlife to these important habitats by planting the vegetation that would have come back as a result of natural flooding. In the next 20 years, we will need to look ahead to understand how climate change will impact these systems, and ensure that our efforts are successful into the future."

Working collaboratively with partners across disciplines is increasingly important for effective restoration. The authors that collaborated on this project work for government agencies (the United States Department of the Interior's Bureau of Land Management), academic institutions (University at California Davis), and non-profit organizations (PRBO Conservation Science, The Nature Conservancy, Audubon California, Environmental Defense Fund, and River Partners).

"This paper exemplifies the importance of partnering to prepare for climate change," explains Ellie Cohen, executive director of PRBO Conservation Science. "By building diverse teams with unique knowledge and on-the-ground experience we can develop practical solutions supported by sound science."

Authors were Nathaniel Seavy, Thomas Gardali, and Christine Howell (PRBO Conservation Science), Gregory Golet (The Nature Conservancy), Thomas Griggs (River Partners), Rodd Kelsey (Audubon California), Stacy Small (Environmental Defense Fund), Joshua Viers (UC Davis), and James Weigand (Bureau of Land Management).

Monday, August 31, 2009

PUBLIC COMMENT PERIOD OPENS FOR NEW EROSION AND SEDIMENT AND STORMWATER REGULATIONS (PA)

HARRISBURG – Environmental Protection Secretary John Hanger today announced that the Environmental Quality Board will accept public comment on proposed changes to Pennsylvania’s erosion and sediment control and stormwater management regulations, which are expected to significantly improve and protect water quality in Pennsylvania.

The proposed changes include requirements for establishing and protecting existing streamside and riverside forest buffers and increasing protection for exceptional value waterways, incorporate existing post-construction stormwater management requirements into state regulation to bring Pennsylvania into line with federal requirements, and enhance agricultural stormwater management provisions beyond plowing and tilling to include animal heavy -use areas.

The new regulations also include an updated permit fee structure and a new permit-by-rule option offers a simplified permitting process for eligible low-risk construction projects that will reduce permitting delays while improving oversight of projects by the department.

“We are shifting the focus of water quality protection from reviewing paperwork to holding permittees more accountable, conducting more on-the-ground inspections to verify that best management practices are being implemented and maintained, and increasing protections for our waterways,” Hanger said. “These changes improve the permitting process both from an environmental and administrative perspective, and will provide greater protection to the environment through better coordination with and accountability from all involved in land development.” The Environmental Quality Board, which promulgates Pennsylvania’s environmental regulations, will conduct three public hearings to accept public comment on the proposed amendments. Prior to the hearings, DEP will conduct public meetings to explain the proposed rulemaking and to respond to questions from participants. The 90-day public comment period runs through Nov. 30.

The public meetings and hearings will be held as follows: • Sept. 29 at the Cranberry Township Municipal Building, 2525 Rochester Road, Butler County. The public meeting is at 4 p.m. and the public hearing is at 5 p.m.

• October 1 at the Department of Environmental Protection, Southcentral Regional Office, Susquehanna Room B, 909 Elmerton Ave., Harrisburg. The public meeting is at 4 p.m. and the public hearing is at 5 p.m.

• October 5 at the Salisbury Township Municipal Building, 2900 South Pike Avenue, Allentown. The public meeting is at 4 p.m. and the public hearing is at 5 p.m.

Individuals wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least one week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are asked to submit three written copies of their oral testimony to the chairperson at the hearing. Organizations are limited to designating one witness to present testimony on behalf of the group at each hearing.

Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact the board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the board can accommodate their needs.

For more information, visit www.depweb.state.pa.us, then select “Public Participation.”

Monday, August 24, 2009

Debating How Much Weed Killer Is Safe in Your Water Glass

By CHARLES DUHIGG
New York Times
[exerpted]

For decades, farmers, lawn care workers and professional green thumbs have relied on the popular weed killer atrazine to protect their crops, golf courses and manicured lawns.

But atrazine often washes into water supplies and has become among the most common contaminants in American reservoirs and other sources of drinking water.

Now, new research suggests that atrazine may be dangerous at lower concentrations than previously thought. Recent studies suggest that, even at concentrations meeting current federal standards, the chemical may be associated with birth defects, low birth weights and menstrual problems.

Laboratory experiments suggest that when animals are exposed to brief doses of atrazine before birth, they may become more vulnerable to cancer later.

An investigation by The New York Times has found that in some towns, atrazine concentrations in drinking water have spiked, sometimes for longer than a month. But the reports produced by local water systems for residents often fail to reflect those higher concentrations. [...]

Forty percent of the nation’s community water systems violated the Safe Drinking Water Act at least once last year, according to a Times analysis of E.P.A. data, and dozens of chemicals have been detected at unsafe levels in drinking water. [...]

In interviews, some E.P.A. officials conceded that they were frustrated by the limitations they face in scrutinizing chemicals like atrazine. An estimated 33 million Americans have been exposed to atrazine through their taps, according to data from water systems nationwide. [...]

Some high-ranking E.P.A. officials say there are concerns over atrazine, and that it, among other chemicals, is likely to be closely re-examined by the new E.P.A. administrator, Lisa P. Jackson.

“Atrazine is obviously very controversial and in widespread use, and it’s one of a number of substances that we’ll be taking a hard look at,” said Stephen A. Owens, who was recently confirmed as the E.P.A.’s assistant administrator for prevention, pesticides and toxic substances.

Read the entire story here.

Thursday, August 20, 2009

Mercury Found in Every Fish Tested, Scientists Say

By CORNELIA DEAN
Published in the New York Times

When government scientists went looking for mercury contamination in fish in 291 streams around the nation, they found it in every fish they tested, the Interior Department said, even in isolated rural waterways. In a statement, the department said that some of the streams tested were affected by mining operations, which can be a source of mercury pollution, so the findings, by scientists at the United States Geological Survey, do not necessarily reflect contamination levels nationwide. But Interior Secretary Ken Salazar said the findings underlined the need to act against mercury pollution. Emissions from coal-fired power plants are the largest source of mercury contamination in the United States. A quarter of the fish studied had mercury levels above safety levels set by the Environmental Protection Agency for people who eat the fish regularly, the Interior Department said.

Wednesday, August 19, 2009

A Time for Action (PA)

by Andy McAllister, Watershed Coordinator
Western PA Coalition for Abandoned Mine Reclamation (wpcamr.org)

The County Conservation District Watershed Specialists have been a vital force in Pennsylvania's watershed movement for nearly 10 years, providing much needed environmental services in their counties and saving the state millions of dollars in project costs, in part by locating matching funding and in-kind contributions for environmental projects. Whether it's fighting Abandoned Mine Drainage (AMD), restoring streamside vegetation, or reducing water pollution caused by agricultural or urban runoff, our Watershed Specialists have been instrumental in many of Pennsylvania's environmental successes. Perhaps one of the most important roles they fulfill is giving watershed groups the tools and support to become more effective environmental ambassadors in their community... local folks tackling local environmental problems with local solutions. How great is that?

But there's a fly in the proverbial ointment. A large portion of the Watershed Specialist program funding comes directly from Growing Greener, the sweeping environmental legislation originally enacted in 1999. Funding for several perennial Growing Greener programs, including the Watershed Specialist positions, has been mandated only through 2010, when Growing Greener is slated to end. The future of the Watershed Specialist program is in jeopardy.

Speaking plainly, if action isn't taken in Harrisburg, there will be NO further Watershed Specialist action. After all of the environmental successes over the past 10 years and after all of the hard work, we don't think that program should end. You probably don't either. The Pennsylvania General Assembly (our state senators and representatives) need to hear that the County Watershed Specialist program is important and effective and deserves dedicated funding.

You can help. There is no one better than you to let your local legislators know what you think. Call them, write them, email them, or yes, personally visit them. Tell them how important the environment is to you. Let them know we NEED our County Watershed Specialists to continue Pennsylvania's environmental success! Let them know NOW!

There are several ways to communicate with your legislators directly or through their aides. Some of these methods carry more weight than others.

• Face-to-Face meeting: A face-to-face meeting is the best way to communicate your views. Many legislators are impressed when you take the time to visit them (or their aides) personally to share your views. Set up an appointment at their local office to discuss your views.
• Writing a letter: Taking the time to craft your own letter is a great way of getting your legislator's attention to matters that are important to you. Printing and signing a form letter also communicates your opinions however, form letters are increasingly being seen as "Astroturf" instead of "Grassroots". Often, legislators are impressed when they receive just a handful of handwritten letters or emails on one topic because most people don't take the time to write their legislators.
• Phone call: While not always as effective as a letter, expressing your opinions to either your legislator or their aide via phone call is still a good way of getting your opinions heard.
To find your legislator, go to: http://www.legis.state.pa.us/ and enter your zipcode. Follow the link to your legislator's webpage to find contact information.
Here are some talking points that may help you craft your own letter.


The County Watershed Specialists have been instrumental in the improvement of Pennsylvania's environment by:

• Securing millions of dollars of matching funds and in-kind contributions for Growing Greener projects thereby increasing Growing Greener's effectiveness by stretching our state dollars even further.
• Ensuring project success by serving as project managers.
• Acting as liaisons between watershed groups and various state agencies, improving communication and understanding between state government and its citizens.
• Educating citizens about the value of a healthy environment and ways to improve water quality.
• Working with citizens and municipalities to find local solutions for local environmental problems.

As most of our readership knows, our Watershed Specialists are an asset to Pennsylvania. In a 2006 Press Release, Governor Rendell commented about the value of the Watershed Specialists:

"Local efforts are absolutely essential to the Growing Greener partnership," Governor Rendell said. "Watershed Specialists are an invaluable connection to restoring watersheds and promoting environmental protection at the local level - helping us achieve continued success in cleaning up the environment and revitalizing our local communities."

We understand that the DEP is generally supportive of the Watershed Specialist program. However, it certainly couldn't hurt to let DEP Secretary John Hanger know that you are behind them.

Secretary John Hanger
PA Dept. of Environmental Protection
Rachel Carson State Office Building
400 Market Street
Harrisburg, PA 17101

If we are to continue restoring Pennsylvania's watersheds and promoting environmental protection at the local level, we need to keep our Watershed Specialists. Please consider writing your legislators and Secretary Hanger to tell them how important our Watershed Specialists are and that we need to find a way to keep that program funded.

PA DEP Awards $356,000 in Environmental Education Grants

HARRISBURG – Pennsylvania’s students, teachers and community groups will be able to take field trips, study alternative energy, restore ponds and wetlands, and use worms to create compost with the help of 60 environmental education grants by the commonwealth to schools, colleges, county conservation districts and local non-profit organizations.

Environmental Protection Secretary John Hanger said the $356,723 in Environmental Education grants will be used to develop hands-on environmental education programs and conduct workshops for teachers and local communities.

“These grants will fund a range of environmental education initiatives from local energy workshops to developing environmental curriculum and educational projects for elementary students,” Hanger said. “We are seeing a renewed and growing movement to care for our environment and to help our children and neighbors understand the importance of conserving energy and protecting Pennsylvania’s air and water. These grants will support efforts that will benefit all areas of the state.”

Projects funded under the grants announced today include outdoor environmental education facilities for school districts, field trips and hands-on activities at wetlands and mine drainage sites, and energy and conservation workshops for teachers and local community groups.

The grant program was established by the Environmental Education Act of 1993, which mandates setting aside 5 percent of the pollution fines and penalties collected annually by DEP for environmental education in Pennsylvania. Since then, DEP has awarded nearly $7 million in grants to support the environmental education efforts of schools, county conservation districts and other nonprofit organizations throughout Pennsylvania. For more information on environmental education, visit www.depweb.state.pa.us, keyword: EE Grants. ###

To see projects receiving funds, click here.

Tuesday, August 18, 2009

Court rejects Obama MTR rule change

by Ken Ward Jr.

A federal court in Washington has just rejected the Obama Interior Department’s effort to throw out a Bush administration rule change that essentially eliminated the federal strip mining law’s stream “buffer zone” rule.

U.S. District Judge Henry H. Kennedy Jr. denied a motion from Interior Secretary Ken Salazar to toss out the Bush rule change without actually going through the formal rulemaking process. Recall that getting rid of the Bush rule change was a key part of the Obama administration’s plan to deal with mountaintop removal.

Salazar had filed his motion in a suit brought by environmental groups challenging the Bush changes to the rule. He argued that he had “confessed serious legal deficiencies in the rulemaking” and that having a court simply throw the rule out “will not result in disruptive consequences.” But the National Mining Association argued there was nothing wrong with the rule, and if Obama officials wanted to change it they would have to initiate a new rulemaking.

In a five-page ruling, Judge Kennedy sided with the National Mining Association, saying that Salazar was wrongly trying to “repeal a rule without public notice and comment, without judicial consideration of the merits. “

Will Feds Take Down WVA's Embarrassing DEP?

By Jeff Biggers [exerpted]

This might be a first in the country: The failed West Virginia Department of Environmental Protection is emerging as such an embarrassingly pro-coal anti-mountain public relations nightmare for Gov. Joe Manchin that even retired coal miners have taken to the streets against the state's environmental regulators, calling on the federal EPA and Office of Surface Mining to take over the key duties of the dysfunctional state agency. [...]

On Monday, August 10, in a rare call for federal intervention in this growing national emergency, coalfield citizen groups including Coal River Mountain Watch, Ohio Valley Environmental Coalition and West Virginia Highlands Conservancy, along with the Sierra Club and the Appalachian Center for the Economy and the Environment, formally petitioned the OSMRE to withdraw approval of the state's surface mining program and substitute federal enforcement. The petition concludes:
"Given West Virginia's refusal to enforce the law in the face of coal industry interests, we believe that the only remedy that will protect the State's essential environmental resources is for OSM to substitute federal enforcement, in whole or in part, of the state's surface mining program." [...]

Testifying last month at the first bipartisan US Senate hearing on mountaintop removal in a generation, DEP Secretary Huffman stunned the crowd by chucking his environmental protection mandate out the window and openly defended the reckless part of West Virginia's Big Coal economy beholden to devastating mountaintop removal operations. Huffman defiantly lectured the US Senators: "West Virginia and the nation need jobs and coal. Nothing in the debate over mountaintop mining debate is going to change that in the short term." [...]

On April 20, Huffman made an extraordinary admission in an interview with the West Virginia Public Radio, declaring that the mountains impeded the state's development, and therefore, needed to be destroyed through mountaintop removal.

"Mainly what we're concerned about as regulators is the ability to develop land after mining," he said. "You need valley fills if you're 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." (The radio interview is here.) [...]

"The WVDEP simply fails to adequately regulate the coal industry," said Rock Creek resident Lorelei Scarbro. "When WVDEP Secretary Randy Huffman runs off to lobby the EPA to grant illegal valley fill permits, he's abdicated his responsibility to the people. Corporate coal influence has become so great inside the WVDEP that he has become a public relations spokesperson for the coal industry instead of an enforcer of mining laws and regulations."

"We will not sit idly by today while the WVDEP is granting blasting certifications for coal companies to demolish our mountains and ruin our homes and communities," said Bo Webb of Naoma. "It is time for Huffman to resign or be fired. He's derelict in his duties and grossly incompetent at best. Quite possibly a case for criminal negligence could be made."

Read the entire article here.

SUCCESS STORY: Public discussion held on former coal plant

By Michelle Wolford
Aug 17, 2009 (The Dominion Post - McClatchy-Tribune Information Services via COMTEX)

PRESTON COUNTY -- A former coal prep plant site here offers a wealth of recreation and education options.

The 17.5 acre parcel along Cheat River between Kingwood and Rowlesburg was purchased from International Coal Group by Friends of the Cheat (FOC) in June. The watershed preservation nonprofit asked area residents to tour the site Saturday and offer suggestions for further uses.

More than 20 showed up at the former Patriot Coal site in the community of Preston, including environmentalists, teachers and Barbara Banister, the mayor of Rowlesburg.

"Our vision is for this site to provide river access and future rail-trail access, said Janet Lenox, associate director of Friends of the Cheat. Steps are being taken to purchase the CSX rail corridor that runs from Kingwood to Rowlesburg along the river, she said. FOC Executive Director Keith Pitzer said more than $500,000 has been promised to acquire the land.

Read the entire story here.

Obama Administration mulls reforestation proposal

By ROGER ALFORD (AP)

FRANKFORT, Ky. -- The Obama Administration is mulling a proposal for a jobs program that would plant trees on Appalachian mountaintops scalped by mining companies searching for coal, an official said.

A group of researchers, mining executives and government field workers, collaborating under the banner of the Appalachian Regional Reforestation Initiative, proposed the project that would both ease unemployment in the economically depressed area and restore forests annihilated by coal mining.

"This offers a tremendous opportunity for creating green jobs that will have far-reaching impacts on the economy and ecology of the region," said Office of Surface Mining forester Patrick Angel.

Angel said Thursday he discussed the initiative via telephone with Van Jones, President Obama's special adviser on green jobs at the White House Council on Environmental Quality. Angel said Jones "expressed great interest."

The proposal, Angel said, meets many of the goals of the administration: it's ready to start now, environmentally friendly, and would be an economic boon to communities struggling with unemployment rates that in some cases exceed 20 percent.

"It's like all the stars and the moon in the night sky are in perfect alignment for the development of this thing," he said. "It is an idea whose time has come."

Read more here.

In Support of Joe Pizarchik as OSM Director

by Bruce Golden,
Regional Coordinator, WPCAMR
ECRR Board Member

There are times when simple actions we take now may be especially consequential for the future. For those of us involved in mining reclamation activities (a majority of this readership), I believe this is one of those times. The answer to “Who will become the federal Office of Surface Mining’s (OSM’s) next director?” will be very consequential at the national and state levels during the Obama administration. You have an opportunity to support an eminently qualified and suited individual for that position in Joseph G. Pizarchik, currently the director of Pennsylvania DEP’s Bureau of Mining and Reclamation. I’ll save for later how best to support his candidacy. First, some background.

Pennsylvania DEP’s Joe Pizarchik is President Obama’s choice (nominee) for the new Director of OSM. As it currently stands, Joe is part way through the confirmation process, having recently testified before the U.S. Senate’s Energy and Natural Resources (ENR) Committee. (You can watch the video of his hearing by clicking here. Note: Advance the program slider to about 16 minutes to avoid a long viewing of the opening screen!) When the Senate returns from summer recess after Labor Day, the Senate ENR Committee will vote on forwarding Joe’s candidacy to the entire Senate. If it reaches the Senate floor, a simple majority vote will decide the fate of his nomination. An affirmative Senate vote means Joe Pizarchik would be sworn in as OSM’s new Director.

My first hand experience with Joe have been nothing but positive. I believe him to be fair and open-minded with everyone (which includes the environmental community and coal operators). He makes himself easily available and goes out of his way to provide information. Joe is smart and well spoken, although you can sometimes tell he’s an attorney :-). (I won’t hold that against him.) With his years of experience, Joe knows the issues and the law regarding mining and reclamation. Joe has the right stuff to make an outstanding, effective OSM director for the entire nation. I don’t expect PA to receive any favored treatment… but am confident Joe will act as he does in his current position at DEP: fairly, thoughtfully, consistently and within the boundaries of the law.

Pennsylvania watershed groups and conservation districts know of and have benefited from Joe's work and experience in Harrisburg. Here are examples:

• Being able to use co-gen ash as a beneficial material in mining reclamation projects for both land reclamation and acid mine drainage (AMD) remediation projects. (See WPCAMR brochure "Burning Waste Coal in CFB Power Plants")
• Enabling the coal industry to do remining as a no-cost-to-taxpayers way of reclaiming mine-scarred lands and eliminating or improving AMD discharges. (See WPCAMR brochure on "Remining")
• Co-authoring the Pennsylvania's Good Samaritan Act, which gives land owners and non-profit groups participating in reclamation projects legal protection statewide.

For more, and to find out how to support Pizarchik's nomination, click here.

Thursday, August 13, 2009

Patriot Coal idles 300

Patriot Coal, the third largest coal company in the eastern United States and a company on whose mine site one of the ARRI/ACCWT tree plantings was held, is closing a mine at the border of Raleigh, Boone and Kanawha Counties, WV, and laying off 314 miners.

This is the latest in a series of reported layoffs over the past three weeks by various coal companies. The layoffs are prompted by low coal prices caused by coal surpluses in China and a dirth of steel production resulting from the near collapse of the auto industry and cutbacks in new construction.

Read the story here.
So what does President Obama’s nominee to run the U.S. Office of Surface Mining Reclamation and Enforcement think about mountaintop removal? If confirmed, how would Joseph G. Pizarchik deal with this huge issue?

Well, anybody who was hoping to gets answers to those questions during today’s U.S. Senate committee confirmation hearing was sadly disappointed. Pizarchik sure didn’t say much, even though he was given three chances by Sen. Robert Menendez, D-N.J.
During the first round of questions, Menendez asked Pizarchik about mountaintop removal as part of a multi-part question. Pizarchik answered the other parts, but didn’t respond on mountaintop removal. Menendez came back to it during the second round of questions, and asked Pizarchik would he would do as OSMRE director to implement the White House’s announced intention to reduce the environmental impacts of mountaintop removal. Pizarchik responded:

If confirmed, I will get involved in that project and learn more about the different perspectives held by the Environmental Protection Agency, the Army Corps of Engineers, as well as the other stakeholders of interest, the citizens, environmentalists … the state agencies that regulate the actual mining activity that occurs … Getting involved and getting a better handle on the details of that, and how that is actually being implemented, and getting an understanding of the facts would be the first basis to determine what has transpired in the past, has that activity been done in accordance with the law as enacted by Congress and the regulations adopted by the state and federal agencies, and then looking at those facts and deciding what would be the appropriate action to take at that time.

Sen. Menendez knows a dodge when he sees one, so he asked Pizarchik again, and got this response:

Without knowing the nuances and details of that, but if confirmed, I will be working for the president and I will be carrying out the course charted by the administration on that.

UPDATED: 1:15 P.M.:

Pizarchik’s prepared testimony to the committee is available now online here, and you can also watch archived video of the hearing here.

In addition, readers might want to visit the Environmental Integrity Project site for updated information on citizen groups who are opposing Pizarchik’s confirmation, and check out previous Coal Tattoo posts here and here.

Obama EPA approves another mountaintop removal mine

Ken Ward Jr.
Charleston Gazette

CHARLESTON, W.Va. -- The Obama administration late last week quietly approved one of six major mountaintop removal permits that were said to be undergoing close scrutiny by the U.S. Environmental Protection Agency.

Without announcing the move publicly, EPA gave the nod for the federal Army Corps of Engineers to issue a Clean Water Act permit for CONSOL Energy Inc.'s Peg Fork Surface Mine near Chattaroy in Mingo County.

EPA approved all eight valley fill waste piles originally proposed by CONSOL, provided that additional water testing is done before six of those fills are constructed, agency officials said.

Corps officials in Huntington approved the permit on Friday. Copies of key permit documents were not yet being made public, despite a promise from the Obama White House of increased transparency in the permit review process.

Read the story here.

Ohio coal inspections cut back

By Spencer Hunt
THE COLUMBUS DISPATCH

Short-staffed and facing a money shortage, state inspectors are falling behind in making sure Ohio coal companies clean up after themselves.
Environmental advocacy groups worry that fewer inspections could mean more pollution problems.

The Ohio Department of Natural Resources typically relies on a team of 18 to inspect monthly the 86 working coal mines scattered across eastern and southeastern Ohio. Most of the work involves strip mines, where inspectors look for problems that could pollute streams.

They also monitor work at 125 nearby reclamation sites, where coal companies must replace tons of topsoil and rock that had been removed over the years to get to the coal.

Four inspectors left the department in April and have not been replaced. State officials say the smaller staff still visits the working mines monthly but now visits reclamation sites about every three months.

"We've had to re-prioritize our inspectors' time to focus on our actively producing mines," said John Husted, the state's mining chief. "It's not as much of a priority for our staff to be out" inspecting reclamation work.

Read more here.

Hearing set for Obama OSM nominee; citizens oppose confirmation

By Ken Ward Jr.
Charleston Gazette

CHARLESTON, W.Va. -- As a U.S. Senate committee prepares for a confirmation hearing on President Obama's nominee to run the U.S. Office of Surface Mining Reclamation and Enforcement, coalfield citizen groups are urging lawmakers to reject nominee Joseph G. Pizarchik of Pennsylvania.

The Senate Committee on Energy and Natural Resources scheduled a hearing for Thursday morning to consider Pizarchik's nomination.

But the Ohio Valley Environmental Coalition, the Citizens Coal Council and the Environmental Integrity Project are asking coalfield citizens and environmentalists to call and write lawmakers to oppose Pizarchik.

The groups said they were "deeply disappointed and concerned" by Obama's nomination and said confirmation of Pizarchik would be "a direct blow to the heart of all citizens living in the coalfields ... and a victory for coal operators."

Since 2002, Pizarchik has been director of the Bureau of Mining and Reclamation within Pennsylvania's Department of Environmental Protection. Before that, he was assistant director and general counsel for the agency for 11 years.

Read story here.

Enviro Groups Tread Lightly With Endangered Species Act in Appalachia

By PATRICK REIS of Greenwire
Published in the New York Times

The last ice age turned the Appalachians into North America's Noah's Ark.
The mountain peaks provided a last green refuge above the glaciers, drawing species from across the eastern half of continent. Some 10,000 years later, many have stayed, and the mountains are home to one of the highest concentrations of biodiversity -- from flying squirrels to freshwater mussels -- in the country. Just last month, biologists stumbled across an entire new genus of salamanders in Southern Appalachia, the first new vertebrate genus discovered in the United States in 50 years.

Beneath that biodiversity sits 28.5 billion tons of anthracite coal, according to 1998 Department of Energy estimates. The mineral is so central to the region's identity and economy that West Virginia last month declared it the official state rock.

The lucrative coal is obtained through mountaintop removal -- dynamiting the tops off the mountains and dumping the leftovers into mountain valleys and stream beds. Environmental groups say the practice is horribly destructive to the region's water, land and wildlife -- but they have been reluctant to use a powerful weapon, the Endangered Species Act, in fighting it.

Read more here.

Enviros seek OSM takeover of WVDEP

Ken Ward Jr.
Coal Tattoo Blog, Charleston Gazette

Citing continued failure to apply the stream buffer zone rule to the footprint of valley fills, a coalition of environmental groups late today demanded a federal takeover of the West Virginia Department of Environmental Protection’s mining program.

The petition, filed by the Appalachian Center for the Economy and the Environment and other groups, asks the U.S. Office of Surface Mining to substitute federal enforcement of this key strip-mining rule:

West Virginia has long refused to enforce the buffer zone rule, and it still refuses to do so. The State’s systematic failure to apply the rule to those activities that are most harmful to the streams the rule was intended to protect defies logic. Indeed, the WVDEP’s decision to exempt valley fills and huge stream elimination projects from the scope of the rule’s protections renders the regulation meaningless.

Read the story here.