House Passes Bills on EPA, Highways, & Board of Education

Friday in the House, three bills were up for passage. First was House Bill 2004, which would require a procedure for the development of a state plan in regard to the Clean Air Act.

Currently the Environmental Protection Agency requires a 20% decrease in carbon-emissions by the year 2030 for the whole country.

Delegate John Shott, chairman of the House Judiciary committee, explained that in the EPA’s proposed rule, it requires a state to follow a set of four building blocks to reach this goal, however, he said the building blocks don’t add for much wiggle room for West Virginia.

“It requires limiting and reducing energy used by West Virginia residents and citizens. Let me say that again, it requires limiting and reducing energy used by West Virginia residents and citizens,” Shott noted, “This is greater than just a coal debate. This is a debate about the Federal EPA telling citizens how much energy they can use in their own homes.”

Shott says this bill would help aid in some pushback toward the EPA and give the state a little more control. It would require the Department of Environmental Protection to submit a report to the Legislature determining whether a state plan from the EPA is feasible. This in turn would allow for development of a proposed state plan to be reviewed and considered by the Legislature before submission to the EPA.

“In sum,” Shott said, “the proposed EPA rule is an improper intrusion upon the people of this state. We as the Legislature are the people’s eyes and ears and directly accountable them for the laws and policies of our state. In passing this bill we are properly exercising our role as a legislature and ensuring that the energy policies of this state are given appropriate review and consideration and not forced upon us by the EPA.”

House Bill 2004 passed overwhelmingly 93 to 3. Delegates Barbara Fleischauer, Mike Pushkin, and Stephen Skinner voted against.

Next was House Bill 2008, auditing the Division of Highways.

Delegate Eric Nelson, the Chair of House Finance, thinks this bill will help fix up West Virginia roads. The original bill took $500,000 dollars out of the State Road Fund to pay for the audit. That amount has been removed from the bill, and now the legislature will pay for the audit from its accounts.

“The biggest thing we did is we took this out of the Department of Highways,” said Nelson, “as far as the cost of this audit, we all know that we have issues with our, the maintenance of our roads and whatnot and did not feel like that needed to be a burden of the Department of Highways, and instead this will be an expense of the joint committee. A couple of other points, the last independent audit of the Department of Highways was completed in 2005, and before our committee, both Secretary Maddox and the Legislative Auditor both expressed support for the independent audit. I urge passage, Mr. Speaker.”

Delegate Amy Summers of Taylor County stood to support Nelson’s bill.

“We’ve put roads on the back burner for too long,” Summers said, “The audit of the Department of Highways is the initial step to evaluate our needs and develop a plan. Infrastructure can no longer be ignored. I urge support of House Bill 2008.”

Delegate Tim Miley, the Minority Leader, also stood to support the bill, but he inquired about the last independent audit done in 2005. He asked Delegate Nelson if anyone had followed up with the audit to determine whether the recommendations following it were implemented and if it is currently being followed. Nelson said many of the new plans over the last ten years came from that audit in 2005.

House Bill 2008 passed 96 to 0.

The last bill on third reading was House Bill 2151. This bill would make the West Virginia Teacher of the Year an ex officio, nonvoting member of the West Virginia Board of Education. The bill would also require two members of the Board of Education to be parents of children currently in the school system.

This bill also passed but with one rejection vote from Delegate Mike Azinger from Wood County.

UPDATE: DEP Postpones Public Hearing Concerning Lochgelly Waste Site

 Update Wednesday January 7, 2015 11:46 a.m.

The West Virginia Department of Environmental Protection is postponing the meeting due to weather/road conditions. In an email, Kelley Gillenwater with the DEP said,

"Due to the inclement weather conditions in the Oak Hill area, tonight’s public hearing on the Danny Webb UIC permit applications will be reschedule. The date, time and location have not yet been determined but an announcement with those details will be made within the next couple of days."

The West Virginia Department of Environmental Protection wants to hear what folks have to say about an oil and gas waste site in Fayette County.  The permit has basically been in the renewal process since 2012.

 

Renewal Process

 

The DEP ordered Danny Webb Construction to close an above ground waste pit last year. Folks have worried for years that both the above ground waste pit and underground injection well have been leaking oil and gas waste into Wolf Creek, a tributary to the New River. It appears a researcher from Duke University now shares those concerns.

 

Danny Web Construction’s permit for an underground injection well expired in 2012. The DEP renewed the underground injection well, or UIC, permit in February last year under the condition that Danny Webb Construction close the above ground waste pit.

 

Representing the Natural Resources Defense Council, The West Virginia Surface Owners’ Rights Organization, Plateau Action Network and citizen Brad Keenan, Tom Rist with the Rist Law Office filed a letter of appeal. After ‘receiving significant public interest” the DEP revoked the permit soon after.

 

This past summer the Environmental Quality Board heard complaints against the DEP’s permitting process in this case. The groups point out that despite the permit expiring, and the revocation order, Danny Webb could still collect waste.

The board still hasn’t made a decision in that case and now, in light of the public hearing, it appears the DEP is moving forward in granting the permit. A public hearing is part of the permit issuance process.

 

Residents Remain Worried

 

The groups remain concerned about potential hazards to public safety. According to court documents, resident Brad Keenan presented results from water samples taken from Wolf Creek in 2007 that showed “high concentration of diesel and other petroleum products”.

 

In an appellant’s brief filed in September, the Rist Law Office sharply criticizes the DEP for not taking action against Danny Web Construction. Tom Rist points to the DEP’s records as evidence showing the site was out of compliance.

 

Science Study

 

The appeal also quotes an environmental researcher and Duke University professor Avner Vengosh saying that samples taken from Wolf Creek, included “elevated levels of several dissolved constituents in water such as chloride, bromide, sodium, manganese, strontium and barium.”

 

These chemicals are typical of oil and gas wastewater. It’s important to also point out that this site in Fayette County is a commercial disposal well, which means all kinds of liquid industrial waste is brought in from other sites.  These underground injection wells accept oil and gas waste from states throughout the region including Pennsylvania, and Virginia.

 

Tourism Trouble?

 

Finally, groups point out that Wolf Creek is a tributary to the New River, which brings in tourism dollars to the region. The site is also located about a mile from one of the county’s only day care facilities.

 

Danny Webb Construction did not responded immediately to our request for comment. The public is invited to attend a public hearing to voice concerns or support of the permit, at Oak Hill School tonight at 6:30 p.m.

The DEP says there are currently 14 commercial sites across the state and 33 private disposal wells.

Tank Inspections Due Thursday Under W.Va. Spill Law

The deadline is approaching to submit aboveground storage tank inspections required by a new state law to protect public water supplies.

Thursday is the deadline for new tank inspection certifications in West Virginia. Department of Environmental Protection spokeswoman Kelley Gillenwater says the state received about 22,000 inspection certifications as of mid-day Wednesday, or fewer than half of the tanks that require them.

The annual inspections are included in a law reacting to a January chemical spill, which spurred a tap-water ban for 300,000 people for days. The law includes a new regulatory system for many tanks and addresses emergency planning for public water systems.

A rule within the law groups tanks into three inspection categories. Tanks holding hazardous materials or ones near public water supplies face the most stringent requirements.

State Fines Logan for Wastewater Violations

State regulators have fined the city of Logan more than $81,000 for wastewater violations.The violations include a discharge of sewage from a manhole that…

State regulators have fined the city of Logan more than $81,000 for wastewater violations.

The violations include a discharge of sewage from a manhole that continued for four months.

Other violations include exceeding average monthly discharge limits for nitrogen and other pollutants in 2012, and failing to maintain and properly operate wastewater facilities.

The $81,755 fine is part of a consent order issued by the Department of Environmental Protection. The order also requires Logan to submit a plan outlining corrective actions the city will take to achieve compliance with its water pollution control permit.

W.Va. Rule on Storage Tank Safety Out for Public Comment

State regulators are taking public comment and holding a hearing on a proposed rule that regulates aboveground storage tanks.

The Department of Environmental Protection has opened comment on the proposed rule aiming to prevent chemical spills and water contamination.

The comment period ends with a Jan. 21 public hearing at 6 p.m. at DEP’s Charleston headquarters.

The rule is part of a law reacting to a massive January chemical spill. The incident spurred a tap-water ban for 300,000 people for days. The law includes new tank registrations, inspections and requirements.

The rule covers many regulatory specifics, ranging from exemptions to who can perform inspections.

Initial annual tank inspections are due Jan. 1.

A separate rule offering guidance for first inspections took effect in November.

Italian Company Could Change the Way W.Va. Looks at Waste

Landfilling has been the main source of getting rid of waste for centuries. But a new technology coming to West Virginia may change how we think of waste disposal, and in the long run, help our environment.

Entsorga is an Italian resource recovery company that has been around since 1997. About four years ago, the Berkeley County Solid Waste Authority was looking for ways to promote a cleaner environment and find a safer and more efficient way to dispose of waste. …Entsorga ended up finding them.

After three years of waiting, Entsorga received approval from the West Virginia Department of Environmental Protection to begin constructing a new resource recovery facility later this year on property owned by the Berkeley County Solid Waste Authority. The facility will take anywhere from 65 to 75 percent of the refuse they collect and turn it into fuel instead of putting it in the ground.

“Essentially what you take waste, and you use it as a resource or you use to make energy,” said Clint Hogbin, the chairman of the Berkeley County Solid Waste Authority, “This is garbage that will be picked up on the street, no differently then it’s being picked up today. And instead of the truck going to a landfill, the truck will go to a 4 acre building, and unload its waste inside of a building, where mechanical equipment, electro-mechanical equipment will sort and process that waste and prepare it to be used for fuel.”

The Berkeley County facility will be the first Entsorga plant in the country and the first resource recovery facility in West Virginia using a technology called HeBIOT.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
Acreage just behind the Berkeley County Solid Waste Authority’s main office. The Entsorga facility will be built just beyond this fence.

HeBIOT is an acronym. It stands for high-efficiency biological treatment, and it’s a patented technology, patent by Entsorga,” Hogbin said, “It uses the biology of waste if you will, the decomposition of waste, to prepare the waste to be used for a fuel.”

Hogbin says while there are other resource recovery facilities in the United States, this facility is the only one that will use the HeBIOT technology. The waste is turned into a confetti-like material by use of high-tech machines operated by humans within a clean room. The material is then dried and can be burned for fuel and used as a replacement for some non-renewable resources like coal. And that’s what Hogbin says may keep the state from embracing the new fueling system.

“We were worried about there being some concern, particularly from downstate, about the impact on coal, because this would be competing with coal,” Hogbin noted.

With the push from the federal government to reduce carbon emission, however, Hogbin says recycling refuse is a viable option for not just West Virginia, but the entire country.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
Clint Hogbin, chairman of the Berkeley County Solid Waste Authority, stands in the field soon to be under construction.

“Emissions from burning of this material has been studied. It’s been studied by Entsorga. It’s also been studied by the United States Environmental Protection Agency who literally sent this board a letter, advising us their opinion of burning this material was significantly lower or equal to the emissions of burning coal.”

Entsorga has an agreement with another Italian company called Essroc, also located in Berkeley County. The confetti-like material produced at the Entsorga plant, will be sent to Essroc, where this fuel will be used to power the plant that makes cement.

Apple Valley Waste Services will also play a role by providing Entsorga with the garbage it will use to make the fuel.

Hogbin says once the Entsorga facility is up-and-running, it would employ around 12 people, with salaries ranging from forty to sixty-thousand dollars a year.

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