Jun
28
2010
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In Memory of Senator Robert C. Byrd

It is with great sadness, that we begin this week remembering the life of Senator Robert C. Byrd, who passed away peacefully this morning in Washington, D.C.  at the age of 92.  As the longest serving Senator in U.S. history, Byrd proudly served the people of West Virginia during his tenure of more than 50 years.  Byrd will be remembered for many things, from his remarkable skill as a fiddler to his many legislative initiatives to improve West Virginia’s infrastructure and educational institutions.  He was well known for his respect for Senate traditions and the U.S. Constitution, as well as his opposition to invasion of Iraq, which the Senator called his “proudest vote” in Congress.

With an affection for the natural beauty of his state, Senator Byrd was also an ardent supporter of Wilderness legislation, to protect some of the most special wild places in West Virginia.  From his vote in favor of the Wilderness Act of 1964 to his sponsorship of the recently enacted Wild Monongahela Act, Senator Byrd was a true leader in preserving the state’s natural treasures for future generations.

Senator Byrd will be greatly missed, and today an entire state laments the loss of a champion, a leader, a warrior who carried the flag of an overlooked, often isolated people.  As the fog lifts from our deepest hollows, the sun touches our highest peaks and the sound of fiddle music emanates from across the land, the State of West Virginia looks back with great pride on a lifetime of service from a hero with an unmatched dedication to our people and the land we call home.

“My home state of West Virginia remains wild and wonderful because of Congress’ actions. Covered from end to end by the ancient Appalachian Mountains, West Virginia remains, to me, one of the most beautiful one of the most unique of all places and I have seen lot of places throughout the world in my time. It is the most southern of the northern States and the most northern of the Southern states; the most eastern of the Western States and the most western of the eastern States; where the east says good morning to the west, and where Yankee Doodle and Dixie kiss each other good night. The luscious mountains gently roll across that land, providing an elegant sense of mystery to the landscape. The wilderness of my State has given West Virginians a freedom to explore. This freedom has been secured and protected so that future generations–like my baby granddaughter, her children, and her children’s children-will be able to say Montani Semper Liberi, Mountaineers are always free!“
-Senator Robert C. Byrd, September 8, 1999, commemorating the 35th anniversary of the Wilderness Act of 1964


Mike Costello
Campaign Coordinator

West Virginia Wilderness Coalition
PO Box 568
Morgantown, WV 26507
304.437.1082
fax: 888.671.2140

Jun
24
2010
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Coal industry costs W.Va. state budget $97.5 million a year more than it generates

Must read report: Coal industry costs W.Va. state budget $97.5 million a year more than it generates

June 22, 2010 by Ken Ward Jr.

Does the coal industry help or hurt West Virginia’s state government budget?

The conventional wisdom is that coal keeps the state running, and is a — if not the — major driver behind the state budget (not the mention the overall state economy). That’s the argument consistently put forth for years by the industry, its friends in political office, and by various economists working for the mining lobby.

But a new, must-read report from the folks at Downstream Strategies and the West Virginia Center for Budget and Policy raises major new questions about that bit of conventional wisdom.  According to the report:

Read more at: http://blogs.wvgazette.com/coaltattoo/2010/06/22/must-read-report-coal-industry-costs-w-va-state-budget-97-5-million-a-year-more-than-it-generates/

Written by Administrator in: Mining Matters, State Government |
Jun
18
2010
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Groups Take Action to Hold Coal Mine Operators Accountable for Toxic Selenium Pollution

For Immediate Release – June 18, 2010

Contacts:

Jim Sconyers, West Virginia Chapter, Sierra Club, 304-698-9628
Dianne Bady, Ohio Valley Environmental Coalition, 304-360-2072
Cindy Rank, West Virginia Highlands Conservancy, 304-924-5802
Judy Bonds, Coal River Mountain Watch, 304-854-2182

Groups Take Action to Hold Coal Mine Operators Accountable for Toxic Selenium Pollution

State Regulators Fail to Protect Streams and Communities

Charleston, WV: The Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy have taken legal action to hold three coal mining companies accountable for dumping harmful amounts of toxic selenium into local waterways.

“For far too long, these companies have put profits over people,” said Dianne Bady, Co-Director of the Ohio Valley Environmental Coalition. “The companies need to learn that our streams and waterways are not their private dumping grounds.”

The companies, including Massey Energy, Arch Coal, and Patriot Coal, through their subsidiaries, are dumping unlawfully high amounts of toxic selenium into waterways from more than 20 coal mines and associated facilities in West Virginia. Selenium is a toxic heavy metal that causes deformities and reproductive problems in fish and amphibians.  At very high levels, selenium can pose a risk to human health, causing hair and fingernail loss, kidney and liver damage, and damage to the nervous and circulatory systems.

“Time and again we have seen coal mining in West Virginia, particularly mountaintop removal mining, lead to selenium pollution,” said Vernon Haltom of Coal River Mountain Watch.  “It is past time for these companies to figure out a way to keep their pollution out of our streams.”

Although the Clean Water Act permits held by the mine operators all include limits on the amount of selenium the mines can discharge, the West Virginia Department of Environmental Protection (DEP) has consistently given the operators extensions on the amount of time they have to bring their discharges below those limits.  As a result, the operators continue to discharge selenium at levels above the limits considered safe by DEP and the federal Environmental Protection Agency.  The most recent extensions all expired by April 5, 2010.  Rather than lower their pollution, the operators have tried a variety of legal tactics to avoid compliance, such that they are continuing to dump excess amounts of toxic pollution into West Virginia waterways.  And although DEP filed actions against several coal mine operators over the last week for the operators’ violations of selenium limits, these actions do not seek immediate compliance but again provide the operators with even more time to continue dumping pollutants.

“The technology exists to take selenium out of the discharge waters, but the coal operators just don’t want to have to use it,” said Jim Sconyers, Chair of the Sierra Club West Virginia Chapter.  “And the agencies let them get away with it over and over. It’s too bad we have to do the agencies’ work for them.”

“For DEP to continue down this path is to turn the law upside down and make a mockery of environmental protection,” said Cindy Rank of the West Virginia Highlands Conservancy.  “The Clean Water Act was written to protect and improve our waters, not to allow for ongoing pollution known to cause serious harm to aquatic life.”

The groups filed their three legal challenges in the Southern District of West Virginia and are represented by attorneys with the Appalachian Center for the Economy and the Environment.

Read and Save Patriot Complaint

Read and Save Massey Complaint

Read and Save Arch Complaint

See also Ken Wards Coal Tattoo blog posts:
http://blogs.wvgazette.com/coaltattoo/2010/06/17/more-lawsuits-filed-over-coals-selenium-pollution/
and
http://blogs.wvgazette.com/coaltattoo/2010/06/18/another-selenium-suit-targets-patriot-coal/

Written by Administrator in: Environment, Mining Matters, Mountaintop Removal, Water Quality |
Jun
18
2010
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EPA Announces a Schedule of Public Meetings on Hydraulic Fracturing Research Study

CONTACT:
Enesta Jones
jones.enesta@epa.gov
202-564-7873
202-564-4355

FOR IMMEDIATE RELEASE
June 18, 2010

EPA Announces a Schedule of Public Meetings on Hydraulic Fracturing Research Study

WASHINGTON - The U.S. Environmental Protection Agency (EPA) is hosting four public information meetings on the proposed study of the relationship between hydraulic fracturing and its potential impacts on drinking water. Hydraulic fracturing is a process that helps production of natural gas or oil from shale and other geological formations. By pumping fracturing fluids (water and chemical additives) and sand or other similar materials into rock formations, fractures are created that allow natural gas or oil to flow from the rock through the fractures to a production well for extraction. The meetings will provide public information about the proposed study scope and design. EPA will solicit public comments on the draft study plan.

The public meetings will be held on:

  • July 8 from 6 p.m. to 10 p.m. CDT at the Hilton Fort Worth in Fort Worth, Texas
  • July 13 from 6 p.m. to 10 p.m. MDT at the Marriot Tech Center’s Rocky Mountain Events Center in Denver, Colo.
  • July 22 from 6 p.m. to 10 p.m. EDT at the Hilton Garden Inn in Canonsburg, Pa.
  • August 12 at the Anderson Performing Arts Center at Binghamton University in Binghamton, N.Y. for 3 sessions – 8 a.m. to 12 p.m., 1 p.m. to 5 p.m., and 6 p.m. to 10 p.m. EDT

Natural gas plays a key role in our nation’s clean energy future and hydraulic fracturing is one way of accessing this vital resource. However, serious concerns have been raised about hydraulic fracturing’s potential impact on drinking water, human health and the environment. To address these concerns, EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water.

To support the initial planning phase and guide the development of the study plan, the agency sought suggestions and comments from the EPA Science Advisory Board (SAB)—an independent, external federal advisory committee. The agency will use this advice and extensive stakeholder input to guide the design of the study.

Stakeholders are requested to pre-register for the meetings at least 72 hours before each meeting.

More information on the meetings: http://www.epa.gov/safewater/uic/wells_hydrofrac.html

Written by Administrator in: Federal Government, Mining Matters, Water Quality |
Jun
17
2010
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Army Corps of Engineers announces decision to suspend Nationwide Permit 21 in the Appalachian Region

For Immediate Release:
June 17, 2010

Contact:
Carol Labashosky
carol.j.labashosky@usace.army.mil
Office: (502) 315-6769
Cell: (502) 741-7263

Army Corps of Engineers announces decision to suspend Nationwide Permit 21 in the Appalachian Region

WASHINGTON – The U.S. Army Corps of Engineers announced today it has suspended the use of Nationwide Permit 21 (NWP 21) in the Appalachian region of six states. NWP 21 is used to authorize discharges of dredged or fill material into waters of the United States for surface coal mining activities. The suspension is effective immediately and applies to the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia. NWP 21 continues to be available in other regions of the country.

The suspension in Appalachia will remain in effect until the Corps takes further action on NWP 21 or until NWP 21 expires on March 18, 2012. While the suspension is in effect, individuals who propose surface coal mining projects that involve discharges of dredged or fill material into waters of the United States will have to obtain Department of the Army authorization under the Clean Water Act, through the Individual Permit process. The individual permit evaluation procedure provides increased public involvement in the permit evaluation process, including an opportunity for public comment on individual projects.

On June 11, 2009, the U.S. Department of the Army, U.S. Department of the Interior and the U.S.  Environmental Protection Agency signed a Memorandum of Understanding with each agency agreeing to work together to reduce the adverse environmental impacts of surface coal mining activities in the Appalachian region. As a part of the MOU, the Corps agreed to issue a public notice to seek comment on the proposed action to modify NWP 21 to preclude its use in the Appalachian region.

On July 15, 2009, a Federal Register notice was published soliciting public comment on the Corps’ proposal to modify NWP 21. The notice also proposed to suspend NWP 21 in order to provide more immediate environmental protection while the longer-term process of modification is fully evaluated. The comment period was extended in response to many requests, and public hearings were conducted in October 2009 in each of the six affected states. Approximately 6,000 individuals attended the public hearings and about 400 individuals provided oral testimony. The Corps received approximately 23,000 comments during the comment period that concluded on October 26, 2009, of which 1,750 were substantive comments that were nearly evenly divided for and against the proposed modification and suspension actions.

The Corps determined after a thorough review and consideration of comments that continuing use of NWP 21 in this region may result in more than minimal impacts to aquatic resources. Activities that result in more than minimal impacts to the aquatic environment must be evaluated in accordance with individual permit procedures. Therefore, NWP 21 has been suspended in this region and coal mining activities impacting waters of the U.S. in this region will be evaluated in accordance with individual permit procedures.

NWP 21 verifications provided in writing by the Corps to mining companies before today’s suspension will continue to be valid until the NWP expires on March 18, 2012. Modification of NWP 21 will continue to be evaluated and a decision on this proposal will be made before NWP 21 expires.

Five pending NWP 21 requests are currently being processed in the Appalachian region affected by suspension of NWP 21. Corps districts will contact these applicants to discuss the process to submit individual permit applications for these activities. If applicants submit individual permit requests for these activities, the Corps districts will prioritize the evaluation of these applications. The Corps will work with the applicants and other interested parties to address and resolve substantive concerns and make final permit decisions as expeditiously as possible.

The Corps’ decision will be published in the June 18, 2010, edition of the Federal Register.  A copy of the notice, FAQs and the decision document will be posted on the Corps’ Web site at http://www.usace.army.mil/CECW/Pages/nnpi.aspx.

Written by Administrator in: Federal Government, Mountaintop Removal, Water Quality |
Jun
15
2010
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Judge rules selenium limits ARE being violated at the Hobet 22 mine

Judge rules selenium limits ARE being violated at the Hobet 22 mine, refuses to dismiss our litigation based on Hobet Mining’s arguments against us and allows our injunction proceedings to continue.  Court date set for August 9, 2010 in Huntington WV, 1:30 p.m to determine the extent and terms of the relief to be granted.

…Selenium continues to flow and companies drag their corporate feet.  Selenium continues to flow and DEP drags it’s regulatory feet.  Selenium continues to flow, citizens sue and the court rules that the law is clearly being violated. Even after all these many years/decades we continue to hope that this nation of laws and our own great state will someday do right by the environment and citizens who live in and depend on that environment, especially our irreplaceable water resources.

Read ruling here.

Written by Administrator in: Mountaintop Removal, Water Quality |
Jun
09
2010
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West Virginia Sierra Club is looking to hire a Lobby and Outreach Organizer

Hi folks – The West Virginia Sierra Club is looking to hire a Lobby and Outreach Organizer to work on shale (Marcellus) gas and related water issues in West Virginia. If you are interested, please apply. Or if you know someone who might be good, please pass the word on to them. Job Description and Help Wanted Ad below.

Lobby and Outreach Organizer Position

The West Virginia Sierra Club works to protect the environment in West Virginia. We are seeking an individual to promote better regulation and/or legislation for shale (Marcellus) gas drilling in WV. This is a contract job, equivalent to 3/4 time, with salary and expenses. Duration is July 1 – December 31, 2010.

Responsibilities

Represent the Club and the environment at legislative or agency meetings.

Grassroots outreach to citizens, communities, and organizations.

Public education: prepare fact sheets, presentations to groups, newsletter articles, web content.

Meet with/present to community groups.

Media: generate letters, op-eds, radio/TV/newspaper articles and coverage.

Qualifications

Self-starter with experience working independently and as part of a team.

Public speaking and presentation skills

Excellent writing skills

Concern for WV environmental issues in general.  Knowledge of shale (Marcellus) gas and water issues is a plus.

Requirements

Able to travel (mileage reimbursed).

Some weekend and evening work necessary.

Ability to work with boards, committees, and a wide range of people.

Desired

Computer skills (email, web, Word, Excel, PowerPoint).

Prepare print material – flyers, pamphlets, fact sheets, etc.

Engage and activate individuals and groups.

Questions? Contact Karen Grubb (304.367.4878, karen.grubb@fairmontstate.edu), or Jim Kotcon (304.293.8822, jkotcon@wvu.edu).

To apply, send a letter of application outlining your interests and abilities, a resume, and names and contact info for 3 references to: karen.grubb@fairmontstate.edu

All material must be submitted electronically. References must include email addresses. Application deadline is June 20, 2010.

Jim Sconyers
jim_scon@yahoo.com
304.698.9628

Remember: Mother Nature bats last.

Written by Administrator in: The Highlands Voice |
Jun
05
2010
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EPA’S PUBLIC HEARING: “A MINER SHOULD NOT HAVE TO CHOOSE”

By Hugh Rogers

You may recall that last year’s public hearing on mining permits at the Charleston Civic Center turned into a melee (see The Highlands Voice, November 2009). The purpose of that hearing was to get comments on the Army Corps of Engineers’ proposal to suspend a nationwide permit that had given coal companies a free pass to dump “fill” into streams. All comments in favor of the proposal were shouted down. The people who offered those comments were threatened, pushed, bumped, and cursed.

On May 18, the Environmental Protection Agency (EPA) held a similar hearing in the same place on a related issue: its proposal to veto the Corps’ permit-an individual permit, not the nationwide version-for the huge Spruce No. 1 mine in Logan County. This was the mine that we went to federal court to stop back in 1998.

The late Judge Charles Haden, a hard man to persuade, left his courtroom to see first-hand the impacts of mountaintop removal mining. In Bragg v. Robertson (1999), he granted plaintiffs’ motion for injunction. Then he found in our favor on every issue that remained after long and complicated settlement negotiations (which brought about the first regional Environmental Impact Statement on valley fills).

Judge Haden’s decision was reversed by the court of appeals on a jurisdictional question. Substantive questions remained unresolved. In the decade between, further scientific analysis confirmed our assertions about the damages from this type of mining.

Nevertheless, the Corps of Engineers granted to a successor coal company a permit to do what Judge Haden had enjoined. The Obama Administration’s EPA decided to block that permit. And we anticipated all hell breaking loose at the public hearing on their proposal.

It didn’t happen. The “Stay Smart! Stay Safe!” handout we got from Bill Price, the economic justice coordinator for the Sierra Club, didn’t turn out to be necessary. Afterwards, as Julian Martin and I escorted Cindy Ellis to her car, the city was so quiet she could draw our attention to the sound of nighthawks.

Although there was no lack of fiery speakers who came to the microphone to condemn the EPA and predict “Armageddon” if the veto went through, and the larger part of the crowd (most in matching Tshirts) screamed and cheered, it was nothing like the travesty seven months ago. The difference may have had something to do with the pro-coal rally in another hall of the Civic Center that ended an hour before the hearing. Along with the speeches, the miners probably heard that more violence would be counterproductive. Some might have left in disappointment at the low-key tone. The crowd was half as large as the organizers had anticipated-about 500 in the 1,000 folding chairs-and that too had a dampening effect. But credit should be given to the EPA and its consultants who ran the meeting according to clear and repeated rules.

When she announced the proposed veto, EPA Administrator Lisa Jackson said, “This is not about ending coal mining. This is about ending coal mining pollution.” The opposition would have none of that. For them it was not about science, it was about politics; it was not about this one permit, or even mountaintop removal mining, it was about the survival of the coal industry in Central Appalachia.

“Let us do our jobs” was a repeated plea. A surface miner from Pike County, Kentucky, said, “This is our livelihood and our way of life. This is all we know.” There could not have been a more poignant comment.

Another miner from Kentucky declared, “Mountaintop mining improves the environment.” He didn’t elaborate. Other minesupporting delegations came from Ohio, Virginia, and Maryland.

The EPA’s new conductivity/salinity standard was condemned as unattainable by any mine. (The upper limit is five times the normal

level.) Several speakers asked, “In this economy, how can EPA think of doing anything that would cost even one job?” Miners and their relatives expressed their hurt-”You don’t live there”-and their anger-”These extremists has nothing to do.”

There was plenty of political posturing. State Senator Mike Oliverio, fresh from his victory over Congressman Alan Mollohan in the First District Democratic primary, read Senate Concurrent Resolution 61, urging the EPA to back off: “That’s your legislature!”

A county commissioner, the school superintendent, and a candidate for delegate from Logan County also spoke. The big card of the night was Congressman Nick Joe Rahall and his opponent, Spike Maynard. Spike wanted blood: “We are going to mine coal, and we are going to mine at Spruce. When November comes, we will take this country back.”

Congressman Rahall saw an inconsistency in EPA Administrator Jackson’s sympathy for Louisiana fishermen who have been affected by the Gulf drilling rig blow-up, and her supposed lack of it for West Virginia coal miners. The remainder of his comments sounded a theme that was heard over and over as the hours went

by: the EPA’s proposed veto would call into question the reliability of all mining permits. How could any investor depend on any coal project going forward?

Before commenting on those comments, I should say that the EPA’s Regional Administrator Shawn Garvin and his mining chief Randy Pomponio, who sat through it all, did hear from a significant number of people who supported the veto, beginning with our own Julian Martin. Danny Chiotos of the Environmental Council, Viv Stockman and Stephanie Tyree from Ohio Valley Environmental Coalition, and Denise Giardina, writer and deacon in the Episcopal Church, among others, spoke eloquently. Many admirable folks from Logan and Boone counties-most from long-time mining families- stood up against the dominant sentiment in the room. They described the damage that has been done. They pointed out that mountaintop removal didn’t create jobs; it eliminated them.

EPA’s critics never complained about the previous administration’s willingness to change regulations and flout the law in order to permit larger and more destructive mines. Now they regretted that politics made a difference in enforcement. It’s undeniable. Some administrations have tried to enforce the law; other administrations ignored it. The simple answer to the “no take-backs” argument is that the law provides for EPA to review the Corps’ decisions. The permit was not final until after that review.

As for those Gulf fishermen, they are innocent bystanders.

They didn’t work for BP. The miners who work for Mingo Logan Coal are unfortunately subject to its decisions about where and how to mine. Let us hope they can find work in mines that will not have such an impact on the environment. One young woman said it best: “A miner should not have to choose between poisoning children and losing his job.”

Written by Administrator in: Federal Government, Mining Matters, The Highlands Voice |
Jun
05
2010
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From the Heart of the Highlands

Not the Official Position of
West Virginia Highlands Conservancy

by Hugh Rogers

A loyal but disgruntled member criticizes our “apparent opposition to all forms of energy production.” He writes, “We all use energy. Therefore it behooves environmental protectors to advocate the use of other forms of energy.” And he adds, “WVHC seems to be supporting nuclear energy as the only solution to our energy conundrum.”

Well. The notion that we’re supporting nuclear energy will be startling to all the members of our board, especially Peter Shoenfeld, the only one who has written about it (The Highlands Voice, July 2009). So far, he has not persuaded the board to take up the issue, let alone act on it.

I suspect this is another case of “If you print it in the Voice, it must be your official position.” Periodically, our editor, John McFerrin, publishes a disclaimer: Just because you read it here doesn’t mean we agree with it. Some of what you read in the Voice reports on official actions and positions; but other stuff agitates for actions we ought to take, or attacks what we have done, or simply expresses an interesting point of view on subjects we care about. It shouldn’t be difficult to figure out which is which.

The disclaimer, which we might do better to print every month, applies equally to this column. Every month. Hence the Monty Python-ish headline above.

With that understood, here’s my personal opinion of the member’s complaint: Who’s behooved? Not us. Our mission is “to promote, encourage, and work for the conservation-including both preservation and wise use-and appreciation of the natural resources of West Virginia and the Nation, and especially of the Highlands Region of West Virginia.”

To be sure, our preoccupation with the impacts of energy production makes us more aware of alternatives, and board members do have opinions; but advocating for them is not our core mission.

First, we try to conserve.

Our committees are composed of volunteers; our conservation efforts flow from individual interests as well as organizational history. Board elections come around every October. Someone with a particular interest in alternative energy production could gain a seat on the board and urge us to become more active on the issue.

Short of that, John always welcomes thoughtful articles and letters to the editor. Publication doesn’t imply endorsement, but it can be persuasive.

A hit-or-miss way to draw attention to an issue is to write a personal letter. It worked for this person. I can reassure him that we agree with his call for “an energy system that is diffuse, efficient and as friendly to the environment as possible.” He gives as examples small (10kw) wind turbines to supply power to neighborhoods, solar collectors on roofs, and on-site geothermal systems for efficient heating.

In mid-May I forwarded to the board a bit of news from my law school alma mater: UNC-Chapel Hill was phasing out campus coal use. George Beetham commented, “On-site solar arrays and wind turbines to serve large installations seems to me to be a great way to ‘go green.’ Generation at or near the site is exactly what I’ve been touting for years.”

Cindy Rank replied, “Absolutely. First conservation, then efficiency, then on-site and/or local (community/residential where possible, and especially at and for large installations/plants/buildings/ complexes).”

These are e-mails, not carefully composed white papers, but they’ll give you a sense of the direction we’d like to go.

The problem, Cindy noted, is scale. “What if we can’t break away from our continued reliance on centralized energy production and distribution?” She pointed out that our objections to coal had to do with the negative impacts incurred during the whole life cycle of its use-and “we have to carefully consider the whole life cycle of whatever other source(s) are developed in its stead.”

Which brings me back to nuclear power. Together with Vince Collins, Peter wrote a very favorable review of William Tucker’s book, Terrestrial Energy. The title is meant to be reassuring: on the one hand, we have solar energy stored underground in fossil fuels; on the other hand, we have terrestrial energy stored underground in elements (uranium, thorium) that have been there since the earth was formed. A controlled release of the energy stored in the nucleus of a uranium atom is way more powerful than a release of the energy stored in coal or petroleum.

The energy available from sources we think of as renewables, such as wind, solar, and hydro, is so much more dilute than even coal or petroleum that it’s unlikely to replace them at the current scale of power generation. Tucker deals with each alternative to clear the way for his pro-nuke argument-which is essentially another clearing operation: he thinks the only obstacles to nuclear power are our unreasonable fears.

Peter and Vince summarized them: “the terrorist problem, the nuclear accident problem, and the waste disposal problem.”

But something’s missing. Mindful of Cindy’s warning to consider the whole life cycle of any energy source, I wondered what the author had to say about the mining problem. Nothing at all, it turned out. No index entry for “mining,” and no sub-heading under “uranium,” either.

Tucker promotes the French, who get 80% of their electricity from nuclear power, as the model we should follow. They have “solved” their waste disposal problem by recycling nearly all the spent uranium. Is that the solution to the mining problem as well?

Jacques Besnainou, vice-president for disposal and recycling for Areva, the French nuclear power company, likes to call spent fuel “the new uranium mines,” but he doesn’t claim they’ll replace the old ones. He told Tucker, “We’ve cut our need for uranium 30% by reprocessing.”

The French have closed their last uranium mine. Now they get it from Niger, a former colony. Radiation poisoning of workers and contamination of groundwater are a growing scandal there.

Our country is very slowly and expensively dealing with the same problems left over from mining in the Southwest.

Tucker wants to persuade us that nuclear power is cheap, safe, reliable-and clean. But his silence on the mining problem is too much like what we don’t hear in all the bombast about “clean coal.”

Written by Administrator in: From the Heart of the Highlands, The Highlands Voice |
Jun
05
2010
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LEGISLATURE BEGINS INTERIM MEETINGS

By Donald S. Garvin, Jr., West Virginia Environmental Council Legislative Coordinator

The West Virginia Legislature held its first set of monthly Interim Committee meetings May 24 to May 26. This was the first full set of monthly Interim meetings for 2010. Primarily, the committees only received staff reviews of the various study topics they have been assigned, so there was not much substantive discussion.

Judiciary Subcommittee A did, however, have a presentation from the WV Department of Environmental Protection (DEP) on possible funding sources for capital improvement projects at Eastern Panhandle wastewater treatment facilities. These improvements are needed to meet the new nutrient removal requirements of the federal Chesapeake Bay Initiative.

Theresa Koon of DEP’s Office of Water and Waste Management told the legislators that the state must come up with between $110 million and $140 million to finance new and upgraded treatment systems in order to meet phosphorous and nitrogen reduction goals by 2025.

DEP has been meeting with stakeholders in the area to discuss funding options. According to DEP the top three options are (and I am not kidding about this):

. A “flush tax”, every time you flush the toilet; . A toilet tissue tax on every roll you purchase; . And a tax on “table games” gambling.

I guess we will have to wait and see how this all flushes out (sorry, but I couldn’t resist).

The substantive presentations will begin in earnest at the June Interim meetings (June 7 through June 9).

Almost all of the environmental regulatory study issues have been assigned to Judiciary Subcommittee A. The study topics include a variety of Marcellus shale gas drilling issues (both environmental and surface owner issues), a continuing discussion on coal slurry injection, in addition to handling the nutrient reduction in Chesapeake Bay. This subcommittee was also assigned the coal mine safety topic.

Judiciary Subcommittee C has been assigned a study of the Public Service Commission’s exemption from legislative rule making.

The Joint Commission on Economic Development has been assigned several important study topics involving renewable energy and “green jobs” and “green public policy” initiatives.

Finance Subcommittee B has been assigned several interesting study topics, including “tax issues generally”, a study of the tax burden on the coal industry (right!), and a study of the federal “stimulus” monies the state has received and expended to date.

So there will be plenty for us to watch and participate in during the 2010 Interims. You can see the entire list of study topics on the Legislature’s web site at http://www.legis.state.wv.us/Committees/

Interims/2010_Interim_study_assignments.cfm.

And the West Virginia Environmental Council will post updates and action alerts about these meetings on our web site at http://www.wvecouncil.org/.

Written by Administrator in: State Government, The Highlands Voice |
Jun
05
2010
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DEP RELEASES 2011 RULES DRAFTS

By Donald S. Garvin, Jr. West Virginia Environmental Council Legislative Coordinator The WV Department of Environmental Protection (DEP) has released the initial drafts of the agency’s rule changes that it intends to propose to the Legislature in 2011.

So here’s my annual legislative tutorial about “rules.”

The Legislature passes laws (or statutes), and then they pass rules (or regulations).

Generally speaking, the laws or statutes set out the broad guidelines for government actions, and the rules set out the specific details or regulations. Generally speaking, the laws establish the authority for the government to act and create an agency to implement the action. Generally speaking, the agency then develops (or “promulgates”) the individual rules needed to enforce the laws.

Agency rules are not proposed by individual legislators.

They are developed annually by the specific agency and are then presented to the Legislative Rule-Making Review Committee during the Interim sessions.

Usually, the Legislative Rule-Making Review Committee then simply approves the rules and passes them on for consideration by the full Legislature during the regular session. There are normally more than a hundred of these rules. If you look at the legislative web site, you will see a long list of bills in both the House and the Senate with titles like, “Authorizing Commissioner of Agriculture promulgate legislative rule relating to shellfish” (that was an actual rule title last year).

But you can’t find out what’s in these rules on the legislative web site. Each agency files its rules with the Secretary of State’s office, and that’s where you have to go to read them.

I t’s not a particularly citizen friendly arrangement. And it gets even worse when the rules get to the full Legislature. But I will cover that another time.

This year the DEP is proposing changes to only12 of its rules (some years the number is more than double that). The list includes major changes to the Water Quality Standards rule and the Surface Mining Reclamation Rule, as well as changes to seven air quality rules, the Surface Mining Blasting Rule, the Hazardous Waste Management Rule, and the Secretary’s rule for Freedom of Information Act requests.

The Water Quality Standards rule is a good example of why these rules changes are important to the public. This year DEP is proposing a statewide drinking water quality standard for “total dissolved solids” of 500 mg/liter (think Marcellus shale, the Monongahela River, and the Dunkard Creek fish kill). DEP’s proposal is the same as the federal EPA’s recommended standard to protect human health. However, polluting industries are already lobbying DEP to weaken how the standard is measured – they want the standard to be applied at public water supply intakes and not at the point of discharge, using the entire river or stream as a “mixing zone.”

The DEP will publish the final drafts of all these rules in the next couple of weeks, and will then schedule public comment periods and public hearings for each of the proposed rules during the months of June and July.

To keep you informed, the West Virginia Environmental Council will post the schedules and action alerts about these rules on our web site, http://www.wvecouncil.org/.

Written by Administrator in: Environment, State Government, The Highlands Voice |

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