Federal Court Voids Mountain Valley Pipeline Stream Permit From DEP

The Fourth U.S. Circuit Court of Appeals has voided the West Virginia Department of Environmental Protection’s clean water certification for the project.

The Mountain Valley Pipeline has been dealt another setback in federal court.

The Fourth U.S. Circuit Court of Appeals has voided the West Virginia Department of Environmental Protection’s clean water certification for the project.

The builders of the 300-mile natural gas pipeline will have to start over. It needs the permission of the U.S. Army Corps of Engineers to cross streams and wetlands, and it cannot receive that without the DEP’s certification.

The project is behind schedule in part due to multiple legal setbacks.

It lacks authorization from the U.S. Forest Service to cross the Jefferson National Forest on the border between West Virginia and Virginia because of an earlier ruling from the Fourth Circuit.

The pipeline is a top priority for state leaders, including U.S. Sens. Joe Manchin and Shelley Moore Capito.

Last month, Republican U.S. Rep. Carol Miller introduced a bill in the House of Representatives to finish the pipeline.

Union Carbide Seeks Renewal Of Air Permit At Institute Plant

Union Carbide transfers ethylene oxide from railroad tank cars to storage tanks in Institute, where it is then distributed to facilities in Institute and South Charleston.

Union Carbide is seeking to renew an air quality permit for its Institute plant, which emits a flammable gas that’s a known carcinogen.

Ethylene oxide is a colorless, flammable gas with a sweet odor. It’s used to make antifreeze, as well as pesticides and sterilizing agents.

Union Carbide transfers ethylene oxide from railroad tank cars to storage tanks in Institute, where it is then distributed to facilities in Institute and South Charleston.

Despite a flaring system to control fugitive emissions, some of the gas does escape.

According to Union Carbide’s permit application with the Department of Environmental Protection, the Institute facility emits 400 pounds of ethylene oxide per year, with the potential to emit as much as three tons.

DEP and the U.S. Environmental Protection Agency are monitoring ethylene oxide levels in the air in the Kanawha Valley. They are supposed to release a report by the end of this year.

The public can comment on Union Carbide’s permit application through Nov. 14. The permit number is R30-03900005-2022.

State To Receive Nearly $4 Million From EPA To Clean Up Brownfields

Individual recipients include the Fayette and Lewis county commissions, the Morgantown Utility Board, the Paden City Development Authority and the state Department of Environmental Protection.

Several West Virginia communities will receive federal grants to clean up brownfields.

Nearly $4 million in Environmental Protection Agency funds are coming to the state, thanks to the Infrastructure Investment and Jobs Act.

Individual recipients include the Fayette and Lewis county commissions, the Morgantown Utility Board, the Paden City Development Authority and the state Department of Environmental Protection.

DEP will get the largest grant at $2 million. According to EPA, target areas for the grant include the Southern Coalfields, the Ohio River Valley and the Potomac Highlands.

Priority sites include a former middle school in Mullens, a former high school in Matewan, a former aluminum plant in Ravenswood, a former coal-fired power plant in Gormania and a former glass plant in Keyser.

Officials from the EPA will present the awards to state and local officials on Wednesday in Weston and Fairmont.

Attorney Who's Sued Carbide 4 Times Pushes for Civil Penalties

Union Carbide wants to voluntarily clean up an industrial site in South Charleston, but an attorney who’s suing the company says that’s not good enough.

Michael Callaghan, the Charleston attorney who’s filed multiple lawsuits against Union Carbide in U.S. District Court, says the company violated the federal Clean Water Act.

In a letter to the Department of Environmental Protection, he says the company shouldn’t be allowed to clean up the site without paying civil penalties.

Callaghan says Union Carbide can’t use the state agency’s Voluntary Remediation Program as long as it’s the subject of multiple federal lawsuits.

The site in South Charleston, which was an industrial landfill from the 1950s to the 1980s, has been contaminating Davis Creek, a tributary of the Kanawha River.

Expert testing of Davis Creek has revealed high levels of arsenic, chromium, cadmium, lead, selenium, mercury and other toxic substances.

Callaghan has filed four lawsuits since 2018 seeking to force Union Carbide to clean up the site and pay civil penalties. The most recent lawsuit was filed last month.

State officials last October issued a violation against Union Carbide under the West Virginia Water Pollution Control Act. The company appealed.

In July, the Department of Environmental Protection proposed a settlement agreement in which Union Carbide would clean up the site, but not pay any civil penalties.

Earlier this month, Union Carbide submitted an application for the state’s Voluntary Remediation Program to clean up the site. The state agency accepted the application and is negotiating an agreement.

In his letter, Callaghan asked the state agency to revoke the application within 10 days. Otherwise, he said he’d seek a restraining order from U.S. District Judge John Copenhaver, who’s overseeing the case.

Thousands of Oil, Gas Wells Need to Be Capped, and This is How Congress Can Help

West Virginia has thousands of abandoned oil and gas wells that need to be capped.

The state Department of Environmental Protection has identified more than 4,000, some of them more than a century old.

The wells contaminate soil and groundwater and release methane into the atmosphere. Methane is a greenhouse gas that’s 25 times more potent than carbon dioxide.

According to federal estimates, the methane released from these wells annually is equivalent to burning as much oil as the nation produces in a day.

A bipartisan infrastructure bill the U.S. Senate approved over the summer would provide about $4.7 billion to cap these problem wells.

The House of Representatives has not yet voted on the legislation. It’s tied up because lawmakers are still negotiating the size and scope of President Joe Biden’s jobs plan.

Ted Boettner, senior researcher at the Ohio River Valley Institute, says the bill would benefit West Virginia’s economy and environment.

“This infrastructure bill offers an enormous opportunity for the state of West Virginia and Appalachia as a whole to plug thousands of wells and put thousands of people to work,” he said, “and address climate change.”

But is the state’s inventory of orphaned oil and gas in the state accurate? Boettner said the actual number could be staggering.

“The real answer to that question is we don’t exactly know,” he said, “because we’ve never tried to go out and document all of them.”

Some wells are so old, there’s no documentation of their existence. The state has limited resources to track the ones it knows about, much less find others.

“In West Virginia, there could be hundreds of thousands of them,” Boettner said. “So it’s really just the tip of the iceberg.”

Orphaned wells can be costly to fix. Boettner says on average, it costs $55,000 to cap a well, usually with concrete. Depth is a major factor driving the cost.

Horizontally drilled wells, like those used to produce oil and gas through hydraulic fracturing, could cost as much as $250,000 each.

While the state has a program to deal with abandoned wells, it’s small relative to the size of the problem.

In the long term, Boettner calls for the creation of a program for oil and gas wells similar to the Abandoned Mine Lands fund. The fund is supported by a tax on coal production.

A fee on oil and gas extraction could support a fund to cap oil and gas wells, he says.

For now, West Virginia will need to rely on the help that’s in the infrastructure bill.

Union Carbide Faces New Lawsuit Over Water Pollution

An attorney for the Courtland Company has filed a new complaint in U.S. district court in Charleston over water pollution from an industrial landfill that Union Carbide owns.

In his fourth lawsuit since 2018, Charleston attorney Michael Callaghan alleges that Union Carbide operated the landfill from the 1950s to the 1980s and that it was not designed to contain toxic materials.

The site is adjacent to a property Courtland owns, and the lawsuits have alleged contamination of its property from the Union Carbide landfill.

Expert testing of Davis Creek, which runs along both properties, has revealed high levels of arsenic, chromium, cadmium, lead, selenium, mercury and other toxic substances.

According to the complaint, the site was used to dispose of coal ash and the byproducts of chemical manufacturing and wastewater treatment. It was never designed to keep the substances from leaking into nearby groundwater and streams, the complaint says.

The lawsuit seeks to force Union Carbide to clean up the site and pay civil penalties under provisions of the federal Clean Water Act.

No enforcement action has yet been taken by the U.S. Environmental Protection Agency or the West Virginia Department of Environmental Protection.

In the previous lawsuit, Courtland sought a temporary restraining order to force Union Carbide to immediately take steps to clean up the site.

Union Carbide argued that the state agency should oversee the case, not federal regulators.

In his April decision, Senior Judge John Copenhaver agreed with Union Carbide.

State officials last October issued a violation against Union Carbide under the West Virginia Water Pollution Control Act based on evidence that the landfill was polluting the streams.

Union Carbide is a subsidiary of Dow Chemical.

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