DEP Motions To Intervene In EPA Settlement

The state Department of Environmental Protection has filed a motion in federal court to intervene in a proposed settlement to limit mining pollutants in streams. 

At the heart of the issue is the Guyandotte River and the alleged failure of the DEP to administer water testing and limits for ionic toxicity in 11 state streams that affect 100,000 people. As a result, conservation groups filed a lawsuit.

The state Department of Environmental Protection has filed a motion in federal court to intervene in a proposed settlement to limit mining pollutants in streams. 

At the heart of the issue is the Guyandotte River and the alleged failure of the DEP to administer water testing and limits for ionic toxicity in 11 state streams that affect 100,000 people. As a result, conservation groups filed a lawsuit. 

The U.S. Environmental Protection Agency has proposed to settle the lawsuit by agreeing to establish specific water quality standards for mining runoff. Environmental groups celebrated the settlement and said it will restore aquatic life and the health of the streams.

“The consent decree comes after decades of advocacy and legal action by the Sierra Club and its partners to compel the EPA to fulfill its obligations under the Clean Water Act,” the Sierra Club said in a statement.  

However, on April 22, the DEP filed a motion to have a seat at the table, which possibly could change the direction of the proposed settlement. In the motion the DEP said its interest could not be adequately represented by existing parties in the lawsuit, i.e. the EPA. 

“As the primary regulator of water quality in the State of West Virginia, the WVDEP is flummoxed as to why it has been kept in the dark regarding a proposed settlement which must have been months in the making,” DEP said in the motion. 

The state organization also said it was “astounded” that the EPA had not mounted a defense against the allegations made by the environmental groups in the lawsuit. 

State leaders have also questioned the EPA’s proposed settlement, including U.S. Sen. Joe Manchin D-W.Va. 

“If the EPA has any legitimate water quality concerns, they should have worked with the West Virginia Department of Environmental Protection,” Manchin said in a statement. “Which knows our waterways better than the federal government ever will. Instead of collaborating with the state, it appears the EPA colluded with environmental groups to enter into a ‘sue and settle’ agreement that bypasses the regulatory process and expands federal authority without any accountability.”

The three environmental groups on the lawsuit are the Sierra Club of West Virginia, the Highlands Conservancy, and the West Virginia Rivers Coalition. 

 The proposed settlement is open for comments from the public until April 29.  

EPA Foes Vow To Block Power Plant Rules. It May Not Matter

Regardless of whether the rule stands or falls, the standards it sets could happen anyway.

The U.S. Environmental Protection Agency issued its final rule to limit carbon dioxide emissions from power plants Thursday, and the reaction from state officials was swift.

West Virginia Attorney General Patrick Morrisey said he’d take the case to court. Republican U.S. Sen. Shelley Moore Capito said she’d introduce a repeal resolution in the Senate. Democrat Joe Manchin, who’s not running for re-election, said he’d support her measure.

Regardless of whether the rule stands or falls, the standards it sets could happen anyway.

Morrisey was successful in his bid to block President Barack Obama’s Clean Power Plan. The U.S. Supreme Court sided with him in West Virginia v EPA two years ago.

The policy never took effect. But as Amanda Levin, director of policy analysis for the Natural Resources Defense Council, points out, the goals it set were met, and earlier than planned.

“That was also a rule at that time, there were concerns about whether or not the power sector would be able to achieve it, and it ended up achieving those standards 11 years early, even though the rule was stayed,” she said.

Now, as then, critics of the rules, including some in the electric power sector, say they can’t be achieved. Manchin points to the 2021 winter storm in Texas that caused deadly power outages.

“We saw what happened in Texas, how many people’s lives were lost, how much was disrupted in the economy, went to heck in a handbasket down there when their gas lines froze up.” he said.

The failures in Texas, and more recently in the eastern United States in late 2022, were mostly of fossil fuel infrastructure, especially natural gas. Renewables and battery storage helped hold the Texas power grid through last summer’s heat.

Levin says the new EPA rules come at a time when electric utilities are rapidly building wind, solar and battery storage. They’ve already surpassed coal and even nuclear.

“Clean energy sources are now the cheapest and fastest growing source of new power generation,” she said.

Even West Virginia is building more solar and will soon begin building storage batteries.

Mon Power activated the largest solar facility in the state in January in Monongalia County and is building another one in Harrison County.

Form Energy is building a long-duration storage battery plant in Weirton. Other companies coming to West Virginia, including steelmaker Nucor, wanted access to renewable power.

Phil Moye, a spokesman for Appalachian Power, which operates three coal plants in West Virginia, says the company is looking at the EPA rules to see how they affect plant operations and future investments.

“The development of new dispatchable generation resources and storage technologies will be critical in determining how quickly the industry can meet the requirements of the new rules,” he said.

Appalachian Power is an underwriter of West Virginia Public Broadcasting.

EPA To Require Coal And New Gas Power Plants To Cut Emissions

The power plant rules align with changes that have been happening in the sector in the past decade. Electric utilities have moved sharply away from coal, largely switching to natural gas.

The U.S. Environmental Protection Agency on Thursday rolled out its final rules to cut emissions from existing coal-fired and new gas power plants.

Those plants will have to ultimately cut their carbon dioxide emissions by 90 percent or shut down.

The new rules include updated limits on mercury and other toxic pollutants from plants that burn coal. They also include changes to how power plants dispose of the wastewater that results from treating coal emissions to remove toxic pollutants.

Finally, the rules require the cleanup of coal ash disposal sites that were closed prior to 2015.

“By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans,” said EPA Administrator Michael Regan.

The power plant rules align with changes that have been happening in the sector in the past decade. Electric utilities have moved sharply away from coal, largely switching to natural gas.

“This year, the United States is projected to build more new electric generation capacity than we have in two decades – and 96 percent of that will be clean,” said White House Climate Adviser Ali Zaidi.

Renewables such as wind and solar account for an increasing percentage of power generation and have surpassed coal.

Still, fossil fuel producing states, and some industry groups, are expected to challenge the new rules. Some will argue that the rules will have a negative economic impact on power plant communities. Others will say the rules will make the power grid less reliable.

“We will be challenging this rule,” said West Virginia Attorney General Patrick Morrisey in a statement issued soon after the new rules were published. “The U.S. Supreme Court has placed significant limits on what the EPA can do—we plan on ensuring that those limits are upheld, and we expect that we will once again prevail in court against this out-of-control agency.”

Morrisey, who’s running in West Virginia’s Republican primary for governor, led a successful challenge of the Obama administration’s Clean Power Plan. The Supreme Court’s ruling in West Virginia v EPA two years ago constrained the EPA’s rulemaking process. Morrisey and others are likely to argue that the agency still overstepped its authority.

Others say the grid simply isn’t ready for a massive shift away from traditional baseload power to more intermittent sources of energy such as wind and solar.

“This barrage of new EPA rules ignores our nation’s ongoing electric reliability challenges and is the wrong approach at a critical time for our nation’s energy future,” said Jim Matheson, CEO of the National Rural Electric Cooperative Association.

Adding to the uncertainty, a change in administrations after this year’s election could result in a rollback of the new rules.

If the rules hold up, the EPA projects $370 billion in climate and public health benefits over the next two decades. The agency’s analysis predicts a reduction of 1.38 billion tons of CO2 through 2047, the equivalent of the annual emissions of 328 million gasoline powered cars.

The EPA is also gathering public input on a proposal to cut emissions from existing gas-fired power plants. Natural gas is currently the nation’s top source of electricity, and though it produces lower carbon emissions than coal, the production and transportation of gas emits methane, a more powerful heat-trapping gas than CO2.

The EPA’s principal solution for coal and gas plants to comply with the new rules is carbon capture and storage. But the technology has not been deployed successfully on a commercial scale, and power plant operators say that the rules will force fossil fuel plants to effectively shut down.

“It is obvious that the ultimate goal of these EPA regulations is to stop the use of fossil fuels to produce reliable energy in the United States by forcing the premature closure of coal plants and blocking new natural gas plants,” said U.S. Sen. Joe Manchin, D-West Virginia, chairman of the Senate Energy and Natural Resources Committee.

Another powerful foe of the EPA rules vowed Thursday that she’d introduce a bill to repeal them.

“To protect millions of Americans, including energy workers, against executive overreach that has already been tried and rejected by the Supreme Court,” said U.S. Sen. Shelley Moore Capito, R-West Virginia, “I will be introducing a Congressional Review Act resolution of disapproval to overturn the EPA’s job-killing regulations announced today.”

Capito is the senior Republican on the Senate Environment and Public Works Committee, which oversees the EPA and confirms its administrator.

EPA Proposes Settlement In Guyandotte Watershed Pollution Lawsuit

The EPA’s proposed consent decree would settle a lawsuit filed this month by environmental groups in the U.S. District Court for the Southern District of West Virginia.

The U.S Environmental Protection Agency has proposed a settlement to a federal lawsuit over water pollution from coal mining.

The EPA’s proposed consent decree would settle a lawsuit filed this month by environmental groups in the U.S. District Court for the Southern District of West Virginia.

It establishes total daily maximum loads for ionic toxicity in the lower Guyandotte watershed.

Ionic toxicity, dissolved mineral salts that result from surface mining, can impair aquatic life.

The West Virginia Rivers Coalition, the West Virginia Highlands Conservancy and the Sierra club filed the lawsuit on March 18. It named Adam Ortiz, the EPA Region 3 Administrator, as a defendant.

The proposed settlement was published in the Federal Register on Friday. The public has until April 29 to submit comments.

Counties Lose Green School Bus Funding From EPA

Three West Virginia counties lost federal funding to purchase electric school buses after the Environmental Protection Agency (EPA) rescinded award funding last month. 

Three West Virginia counties lost federal funding to purchase electric school buses after the Environmental Protection Agency (EPA) rescinded award funding last month. 

Mineral, Monongalia and Harrison counties were on track to purchase zero or low-emission school buses. Citing errors in their identification of rural areas in mountainous regions, the EPA rescinded those awards. Cabell, Clay, Calhoun, Kanawha, Grant and Lewis counties will still receive the funds.

U.S. Sen. Joe Manchin, D-W.Va., is advocating for more accurate categorization of West Virginia communities. He sent a letter to Peggy Carr, commissioner of the the National Center for Education Statistics (NCES), Tuesday urging her to consider ruggedness scales that impact travel of students to and from school in NCES’s measurements. The center within the U.S. Department of Education is responsible for collecting and analyzing education data that help determine how federal resources for education activities are allocated. This includes classifying public school districts into four categories: rural, town, suburban and city.

The letter argues current methodology leads to much of Appalachia being miscategorized as “urban.”

“Your current rural measurement relies on mileage in sparsely settled and remote areas, however it does not account for sparsely populated mountain regions, and commuting times for difficult terrain are not adequately reflected,” Manchin wrote. 

“11.7 percent of the United States population lives in a rugged area, with 1.4 percent living in a highly rugged area. For comparison, West Virginia has the largest share of residents living in a rugged area, with 80.7 percent of the population living in a rugged area and 15 percent in a highly rugged area. While ruggedness alone cannot dictate rurality, we feel that it is an important consideration when determining what is rural and what is not.”

PFAS Concerns Loom Over Chemours Permit For Washington Works

Chemours applied in January for a permit to discharge treated wastewater from its Washington Works plant in Wood County.

The West Virginia Department of Environmental Protection is accepting public comment on a permit one group says would allow the discharge of PFAS into the Ohio River. 

Chemours applied in January for a permit to discharge treated wastewater from its Washington Works plant in Wood County.

The West Virginia Rivers Coalition says this would result in the release of PFAS, or forever chemicals, into the Ohio River.

The DEP held a virtual public comment hearing on the permit on March 4. The comment period closes next week, on March 14.

In December, Chemours agreed to sample and test soil, surface water, groundwater and waste streams around the Washington Works plant for the presence of PFAS.

The plant has been in operation since 1951, and according to the U.S. Environmental Protection Agency has manufactured products containing PFAS and has released PFAS in its operations.

According to Chris Hickey, a regional communications manager for Chemours, Washington Works is the only U.S. facility that manufactures Teflon PFA, a type of PFAS.

Teflon PFA is in high demand to make semiconductors, Hickey said, because of the federal CHIPS Act, passed by Congress and signed by President Joe Biden.

“To construct and operationalize additional PFA supply capacity, and with strong support throughout our value chain, we applied for a permit modification through the WV Department of Environmental Protection,” Hickey said. “We worked cooperatively with WV DEP through its process, which included agency evaluation of the permit application and engagement with regional EPA officials.”

In addition, Hickey said, the Washington Works makes materials used in electric vehicles and charging stations, also in high demand because of the national effort to electrify transportation.

“The world depends on our products, and we are committed to manufacturing these essential chemistries responsibly,” he said.

Exit mobile version