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 31, 2009
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.
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.
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.
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.
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. “
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
DEP seeking water quality data for West Virginia waters
The West Virginia Department of Environmental Protection is compiling water quality data on the state’s streams and lakes for its next Integrated Water Quality Monitoring and Assessment Report. This report is developed by DEP and submitted to the U.S. Environmental Protection Agency every two years as required by the federal Clean Water Act, and includes the Section 303(d) list of impaired waters. The next report is due in April 2010 and will be based upon water quality data collected through June 30, 2009.
In addition to data collected directly by DEP, the agency will compile and assess water quality data collected by other persons, agencies, watershed associations, or permitted facilities. Those wishing to contribute data should send it to Steve Stutler at Stephen.J.Stutler@wv.gov, (304) 926-0499, Ext. 1086, or Steve Young at Stephen.A.Young@wv.gov, (304) 926-0499, Ext. 1042. The deadline to submit data is September 30, 2009.
A data form is available to download at www.wvdep.org/wv303d. Documentation describing the collection and analytical methodologies associated with the data should be provided as it will help the agency assess data quality. If data was subject to a quality assurance/quality control plan, submit it with the data. For an example of a QA/QC plan, go to http://www.epa.gov/quality/qs-docs/g5-final.pdf.
Although electronic data submission is highly preferred and encouraged, non-electronic submissions may be sent to DEP at the Division of Water and Waste Management, Attn: Steve Young, 601 57th St. S.E., Charleston, WV 25304.
In addition to data collected directly by DEP, the agency will compile and assess water quality data collected by other persons, agencies, watershed associations, or permitted facilities. Those wishing to contribute data should send it to Steve Stutler at Stephen.J.Stutler@wv.gov, (304) 926-0499, Ext. 1086, or Steve Young at Stephen.A.Young@wv.gov, (304) 926-0499, Ext. 1042. The deadline to submit data is September 30, 2009.
A data form is available to download at www.wvdep.org/wv303d. Documentation describing the collection and analytical methodologies associated with the data should be provided as it will help the agency assess data quality. If data was subject to a quality assurance/quality control plan, submit it with the data. For an example of a QA/QC plan, go to http://www.epa.gov/quality/qs-docs/g5-final.pdf.
Although electronic data submission is highly preferred and encouraged, non-electronic submissions may be sent to DEP at the Division of Water and Waste Management, Attn: Steve Young, 601 57th St. S.E., Charleston, WV 25304.
You're Not From Around This Watershed, Are You?
Tim Collins, carrying on a family tradition, suggests that for long-term development, we must organize around our relationships to water and to the other communities, urban and rural, along those same waterways.
From the Daily Yonder.
Read the story here.
From the Daily Yonder.
Read the story here.
Court Invalidates Air Permit For Virginia City Coal-Fired Power Plant
ABINGDON, Va. – Despite a court ruling invalidating one of the air permits issued to the Virginia City Hybrid Energy Center, the coal-fired power plant will be completed on schedule, Dominion Virginia Power officials vowed Tuesday.
“Dominion is pleased that today’s decision upholds virtually all of the conditions in both air permits, which may be the most stringent in the country,” the power company said in a written statement released in response to the court ruling. “We expect the remaining issue regarding mercury emissions will be resolved in a manner that will allow the Virginia City Hybrid Energy Center to be completed on schedule.”
While affirming the main air permit for the plant, under construction outside St. Paul in Wise County, Va., the Richmond Circuit Court issued a ruling Tuesday invalidating the second air permit, which controls mercury emissions. Both permits are required for construction.
In her ruling, Circuit Judge Margaret P. Spencer agreed with the environmentalists’ argument that an “escape hatch,” which would have allowed loosening of emission restrictions after the plant is operating, is unlawful.
“The establishment of a flexible ‘limitation’ with an ongoing analysis … is not a limitation determination prior to construction of a facility, as required by law,” Spencer wrote.
The court’s decision came in response to a legal challenge made by a coalition of environmental groups after the permits were granted last year by the State Air Pollution Control Board.
Cale Jaffe, who argued the case for the Southern Environmental Law Center and other groups opposing the plant, called the ruling a victory, as did Kathy Selvage, vice president of Southern Appalachian Mountain Stewards, which is based in Big Stone Gap.
“I think what it means to the citizens of Wise County is that they will have cleaner air to breathe; it will have less mercury in it,” Selvage said. “There will be less mercury deposited into the soil in which we grow our gardens, there will be less mercury deposited into one of our best natural assets, which is the Clinch River, but overall there will be healthier children and grandchildren in Southwest Virginia because of this ruling.”
According to the statement from Dominion, the company does not object to removing the “escape hatch” from the permit.
Greg Edwards, spokesman for Dominion, said the $1.5 billion power plant project is more than one-third complete.
The court affirmed the issuance of the permit governing other emissions for the plant, rejecting environmentalists’ assertion that, among other things, it violated the Clean Air Act by failing to set limits for carbon dioxide emissions.
“There is no legal requirement that the board conduct a best available control technology [BACT] analysis for carbon dioxide,” Spencer wrote, “because carbon dioxide is not subject to regulation under the Clean Air Act.”
dmccown@bristolnews.com | (276) 791-0701
“Dominion is pleased that today’s decision upholds virtually all of the conditions in both air permits, which may be the most stringent in the country,” the power company said in a written statement released in response to the court ruling. “We expect the remaining issue regarding mercury emissions will be resolved in a manner that will allow the Virginia City Hybrid Energy Center to be completed on schedule.”
While affirming the main air permit for the plant, under construction outside St. Paul in Wise County, Va., the Richmond Circuit Court issued a ruling Tuesday invalidating the second air permit, which controls mercury emissions. Both permits are required for construction.
In her ruling, Circuit Judge Margaret P. Spencer agreed with the environmentalists’ argument that an “escape hatch,” which would have allowed loosening of emission restrictions after the plant is operating, is unlawful.
“The establishment of a flexible ‘limitation’ with an ongoing analysis … is not a limitation determination prior to construction of a facility, as required by law,” Spencer wrote.
The court’s decision came in response to a legal challenge made by a coalition of environmental groups after the permits were granted last year by the State Air Pollution Control Board.
Cale Jaffe, who argued the case for the Southern Environmental Law Center and other groups opposing the plant, called the ruling a victory, as did Kathy Selvage, vice president of Southern Appalachian Mountain Stewards, which is based in Big Stone Gap.
“I think what it means to the citizens of Wise County is that they will have cleaner air to breathe; it will have less mercury in it,” Selvage said. “There will be less mercury deposited into the soil in which we grow our gardens, there will be less mercury deposited into one of our best natural assets, which is the Clinch River, but overall there will be healthier children and grandchildren in Southwest Virginia because of this ruling.”
According to the statement from Dominion, the company does not object to removing the “escape hatch” from the permit.
Greg Edwards, spokesman for Dominion, said the $1.5 billion power plant project is more than one-third complete.
The court affirmed the issuance of the permit governing other emissions for the plant, rejecting environmentalists’ assertion that, among other things, it violated the Clean Air Act by failing to set limits for carbon dioxide emissions.
“There is no legal requirement that the board conduct a best available control technology [BACT] analysis for carbon dioxide,” Spencer wrote, “because carbon dioxide is not subject to regulation under the Clean Air Act.”
dmccown@bristolnews.com | (276) 791-0701
Judge Rebuffs Obama On Mining Waste
A federal judge on Wednesday rebuffed the Obama administration's attempt to reverse a Bush-era rule that allows surface mine waste to be dumped near streams.
Interior Secretary Ken Salazar wanted to return to a 1983 regulation that kept coal companies 100 feet from streams unless they could prove that mining would not harm water quality or quantity. But U.S. District Judge Henry H. Kennedy Jr. wrote in his ruling that granting Salazar's request would be tantamount to changing a federal regulation without public input. The Interior Department is reviewing the decision.
In mountaintop removal mining, companies remove vast areas to expose coal. Although they are required to restore much of the land, the removal creates tons of debris that is used to fill nearby valleys.
-Associated Press
Interior Secretary Ken Salazar wanted to return to a 1983 regulation that kept coal companies 100 feet from streams unless they could prove that mining would not harm water quality or quantity. But U.S. District Judge Henry H. Kennedy Jr. wrote in his ruling that granting Salazar's request would be tantamount to changing a federal regulation without public input. The Interior Department is reviewing the decision.
In mountaintop removal mining, companies remove vast areas to expose coal. Although they are required to restore much of the land, the removal creates tons of debris that is used to fill nearby valleys.
-Associated Press
Friday, August 7, 2009
Ohio EPA Proposes Revisions to State WQ Standards
On August 6, 2009, Ohio EPA filed proposed revisions to rules addressing water quality standards for surface waters of the state. This rulemaking addresses: submittal, public notice and public hearing requirements for Section 401 water quality certification projects; recreation use designations; and water quality criteria for bacteria.
Comments must be submitted by 5:00 p.m. on September 10, 2009. For more information go to http://www.epa.state.oh.us/dsw/prop_wqs_aug09.html.
Note: The draft version of this rulemaking, made available for public comment in March 2009, also included revisions to rule 3745-1-31 (Lake Erie standards) that would restrict disposal of dredge material in Lake Erie. The Agency has decided to delay proposal of the rule 3745-1-31 revisions to allow more time to discuss them with stakeholders.
Comments must be submitted by 5:00 p.m. on September 10, 2009. For more information go to http://www.epa.state.oh.us/dsw/prop_wqs_aug09.html.
Note: The draft version of this rulemaking, made available for public comment in March 2009, also included revisions to rule 3745-1-31 (Lake Erie standards) that would restrict disposal of dredge material in Lake Erie. The Agency has decided to delay proposal of the rule 3745-1-31 revisions to allow more time to discuss them with stakeholders.
USGS says Appalachian coal will reach peak production in 10 years
The U.S. Geological Survey (USGS) has completed the National Coal Resource Assessment (NCRA), a multiyear project by the USGS Energy Resources Program, in partnership with State geological surveys in the coal producing regions of the United States. The NCRA is the first digital national coal-resource assessment. Coal beds and zones were assessed in five regions that account for more than 90 percent of the Nation’s coal production—(1) the Appalachian Basin, (2) the Illinois Basin, (3) the Gulf Coastal Plain, (4) the Colorado Plateau, and (5) the Northern Rocky Mountains and Great Plains. The purpose of this Professional Paper, USGS Professional Paper 1625–F, is to present a tabulation and overview of the assessment results, insight into the methods used in the NCRA, and supplemental information on coal quality, economics, and other factors that affect coal production in the United States.
Read the study here.
Read the study here.
Possible Coal Industry Link to Forged Letters
By Red Green and Blue - Red Green and Blue
Written by Tom Schueneman
Last week we reported on a series of forged letters sent to freshman Congressman Tom Perriello, purportedly from constituent groups, but in reality from an employee for "grassroots" lobbying firm Bonner & Associates. The letters urged Perriello to vote against the Waxman-Markey American Clean Energy and Security Act of 2009.
A total of 12 forged letters, sent to three House Democrats, have thus far been uncovered. As well, as Perriello, who voted for ACES, Kathy Dahlkemper and Chris Carney of Pennsylvania also received letters claiming authorship from community organizations. Dahlkemper and Carney voted against ACES.
The task now is unraveling the extent of the connection between the American Coalition for Clean Coal Electricity, the forged letters, and Bonner & Associates.
Read the entire article here.
Written by Tom Schueneman
Last week we reported on a series of forged letters sent to freshman Congressman Tom Perriello, purportedly from constituent groups, but in reality from an employee for "grassroots" lobbying firm Bonner & Associates. The letters urged Perriello to vote against the Waxman-Markey American Clean Energy and Security Act of 2009.
A total of 12 forged letters, sent to three House Democrats, have thus far been uncovered. As well, as Perriello, who voted for ACES, Kathy Dahlkemper and Chris Carney of Pennsylvania also received letters claiming authorship from community organizations. Dahlkemper and Carney voted against ACES.
The task now is unraveling the extent of the connection between the American Coalition for Clean Coal Electricity, the forged letters, and Bonner & Associates.
Read the entire article here.
Tuesday, August 4, 2009
USDA SEEKS PUBLIC COMMENT ON THE NEW CONSERVATION STEWARDSHIP PROGRAM
USDA News Release
New Program To Be Available Nationwide With Continuous Enrollments
WASHINGTON, July 31, 2009 - Agriculture Secretary Tom Vilsack today announced that the Natural Resources Conservation Service is seeking public comment on the new Conservation Stewardship Program, which is designed to encourage agricultural and forestry producers to maintain existing conservation practices and adopt additional ones in their operations. The public can submit comments for 60 days and must be
submitted on or before Sept. 28, 2009. For full details about the new Conservation Stewardship Program, please visit www.nrcs.usda.gov/new_csp/ or visit your local NRCS field office.
"It is important for Americans to provide feedback about the programs that their government provides on their behalf and they now have this opportunity to comment on the Conservation Stewardship Program," Vilsack said. "We developed the interim final rule for this program in order to appeal to our diverse customers and offer them an equal chance to participate."
The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) authorized the Conservation Stewardship Program. Congress renamed and revamped the former Conservation Security Program to improve its availability and appeal to agricultural and forestry producers. The Conservation Stewardship Program will be offered in all 50 states, District of Columbia, and the Pacific and Caribbean areas through
continuous sign-ups with announced cut-off application dates for ranking periods. Congress capped the annual acreage enrollment at 12,769,000 acres nationwide.
Comments on the Conservation Stewardship Program interim final rule can be submitted online, or through regular mail, e-mail, fax or in person.
Information on how to submit comments is available at the USDA-Natural Resources Conservation Service's Web site at www.nrcs.usda.gov/programs/farmbill/2008/index.html and at the Federal Register at www.gpoaccess.gov/fr/.
New Program To Be Available Nationwide With Continuous Enrollments
WASHINGTON, July 31, 2009 - Agriculture Secretary Tom Vilsack today announced that the Natural Resources Conservation Service is seeking public comment on the new Conservation Stewardship Program, which is designed to encourage agricultural and forestry producers to maintain existing conservation practices and adopt additional ones in their operations. The public can submit comments for 60 days and must be
submitted on or before Sept. 28, 2009. For full details about the new Conservation Stewardship Program, please visit www.nrcs.usda.gov/new_csp/ or visit your local NRCS field office.
"It is important for Americans to provide feedback about the programs that their government provides on their behalf and they now have this opportunity to comment on the Conservation Stewardship Program," Vilsack said. "We developed the interim final rule for this program in order to appeal to our diverse customers and offer them an equal chance to participate."
The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) authorized the Conservation Stewardship Program. Congress renamed and revamped the former Conservation Security Program to improve its availability and appeal to agricultural and forestry producers. The Conservation Stewardship Program will be offered in all 50 states, District of Columbia, and the Pacific and Caribbean areas through
continuous sign-ups with announced cut-off application dates for ranking periods. Congress capped the annual acreage enrollment at 12,769,000 acres nationwide.
Comments on the Conservation Stewardship Program interim final rule can be submitted online, or through regular mail, e-mail, fax or in person.
Information on how to submit comments is available at the USDA-Natural Resources Conservation Service's Web site at www.nrcs.usda.gov/programs/farmbill/2008/index.html and at the Federal Register at www.gpoaccess.gov/fr/.
RECOVERY FUNDS HELP QUADRUPLE INVESTMENT IN CRITICAL REPAIRS, UPGRADES TO WATER SYSTEMS
From PADEP
PROJECTS WILL CREATE 5,600 JOBS, BOOST LOCAL ECONOMIES
HARRISBURG – Funds from the American Recovery and Reinvestment Act have helped Pennsylvania dramatically increase the amount of money available for repairs and upgrades to failing sewer and wastewater treatment systems, while helping ratepayers in struggling communities better manage the costs for improved water services, Governor Edward G. Rendell said today.
The commonwealth is receiving approximately $220 million in Recovery Act funds this year to distribute to communities in grants and loans through PENNVEST for drinking water and wastewater projects. The Governor noted that through wise management of available funding, the state will be able to address significant health and safety concerns that hinder economic development while creating new jobs statewide.
“PENNVEST normally awards approximately $280 million each year for badly needed repairs to our critical infrastructure, but this year we were able to match Recovery Act money with other state and federal funds to distribute more than $1 billion for drinking water and wastewater projects,” Governor Rendell said. “This nearly four-fold increase allows us to address some of the most pressing problems where failing systems are threatening public health and safety and driving away opportunities for economic growth and investment.”
Governor Rendell met with U.S. Environmental Protection Agency Acting Regional Administrator Bill Early to accept $93 million in recovery funds for the state Clean Water Revolving Fund that will be distributed through PENNVEST for repairs and upgrades to existing wastewater infrastructure. Projects receiving the funding were announced in April and July.
Of the $220 million in recovery funds Pennsylvania will receive in 2009 under the Recovery Act, $155 million is earmarked for wastewater projects and $65 million will go to repairs to existing drinking water systems.
In addition to addressing public safety problems such as leaking and failing wastewater systems that discharge raw sewage into streams and public areas, the repair projects are boosting local economies, providing more than 5,600 construction-related jobs.
Read more here.
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PROJECTS WILL CREATE 5,600 JOBS, BOOST LOCAL ECONOMIES
HARRISBURG – Funds from the American Recovery and Reinvestment Act have helped Pennsylvania dramatically increase the amount of money available for repairs and upgrades to failing sewer and wastewater treatment systems, while helping ratepayers in struggling communities better manage the costs for improved water services, Governor Edward G. Rendell said today.
The commonwealth is receiving approximately $220 million in Recovery Act funds this year to distribute to communities in grants and loans through PENNVEST for drinking water and wastewater projects. The Governor noted that through wise management of available funding, the state will be able to address significant health and safety concerns that hinder economic development while creating new jobs statewide.
“PENNVEST normally awards approximately $280 million each year for badly needed repairs to our critical infrastructure, but this year we were able to match Recovery Act money with other state and federal funds to distribute more than $1 billion for drinking water and wastewater projects,” Governor Rendell said. “This nearly four-fold increase allows us to address some of the most pressing problems where failing systems are threatening public health and safety and driving away opportunities for economic growth and investment.”
Governor Rendell met with U.S. Environmental Protection Agency Acting Regional Administrator Bill Early to accept $93 million in recovery funds for the state Clean Water Revolving Fund that will be distributed through PENNVEST for repairs and upgrades to existing wastewater infrastructure. Projects receiving the funding were announced in April and July.
Of the $220 million in recovery funds Pennsylvania will receive in 2009 under the Recovery Act, $155 million is earmarked for wastewater projects and $65 million will go to repairs to existing drinking water systems.
In addition to addressing public safety problems such as leaking and failing wastewater systems that discharge raw sewage into streams and public areas, the repair projects are boosting local economies, providing more than 5,600 construction-related jobs.
Read more here.
###
No Funds for Acid Mine Drainage in Deckers Creek... Yet
Story by Stacy Moniot
Channel 12 News
MORGANTOWN -- A Monongalia County group wants the state to move a little faster on cleaning up acid mine drainage in Decker's Creek, but state officials say the funds just are not there.
The amount of money it is going to take to clean up a portion of Decker's Creek is just about as scary as the creek's water, but a group, the Friends of Decker's Creek, won't give up on the project.
To their members, it is worth the cost. "We're ready!" says the group's executive director, Sarah Veselka. "And the community's willing and there' been a lot of hard work going into cleaning up AMD in the watershed, Richard Mine is the last problem. It's the biggest problem, but it's the last problem."
It is also the most expensive problem. There is an agreement for the state to fund the cleanup, but after several years, the project has not moved forward. The group has asked city council, county commission, and others to join them in trying to get Governor Joe Manchin's attention.
"We'd like to see Manchin urge the DEP to abandoned mine land funds to put a treatment facility at the Richard Mine," Veselka says.
"We are totally committed and dedicated to getting that done," Gov. Manchin replied at a separate public event. "And I have been brought up, a little bit to speed on it, not the details of it, because I asked the same question when I heard it- 'Why aren't we doing that?'"
The WV DEP says it comes down to money. They estimate it would take $500,000 to maintain a treatment facility, on top of the millions it will take to start the process.There just are not enough funds left to fund the expensive cleanup, after taking care of higher priority projects, according to DEP officials.
"Decker's Creek could have a thriving bass fishery, people could access the creek from the Rail Trail, and I think it could promote a lot of creekside development," Veselka says.
But that is just the problem, according to DEP officials. Decker's Creek would be mostly a recreation site, while mine reclamation funds are better used by improving drinking water.
State officials say they will try to use incoming federal funds to store up money for the project.
Channel 12 News
MORGANTOWN -- A Monongalia County group wants the state to move a little faster on cleaning up acid mine drainage in Decker's Creek, but state officials say the funds just are not there.
The amount of money it is going to take to clean up a portion of Decker's Creek is just about as scary as the creek's water, but a group, the Friends of Decker's Creek, won't give up on the project.
To their members, it is worth the cost. "We're ready!" says the group's executive director, Sarah Veselka. "And the community's willing and there' been a lot of hard work going into cleaning up AMD in the watershed, Richard Mine is the last problem. It's the biggest problem, but it's the last problem."
It is also the most expensive problem. There is an agreement for the state to fund the cleanup, but after several years, the project has not moved forward. The group has asked city council, county commission, and others to join them in trying to get Governor Joe Manchin's attention.
"We'd like to see Manchin urge the DEP to abandoned mine land funds to put a treatment facility at the Richard Mine," Veselka says.
"We are totally committed and dedicated to getting that done," Gov. Manchin replied at a separate public event. "And I have been brought up, a little bit to speed on it, not the details of it, because I asked the same question when I heard it- 'Why aren't we doing that?'"
The WV DEP says it comes down to money. They estimate it would take $500,000 to maintain a treatment facility, on top of the millions it will take to start the process.There just are not enough funds left to fund the expensive cleanup, after taking care of higher priority projects, according to DEP officials.
"Decker's Creek could have a thriving bass fishery, people could access the creek from the Rail Trail, and I think it could promote a lot of creekside development," Veselka says.
But that is just the problem, according to DEP officials. Decker's Creek would be mostly a recreation site, while mine reclamation funds are better used by improving drinking water.
State officials say they will try to use incoming federal funds to store up money for the project.
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