Rockwool Facility In Jefferson County Under Investigation For Alleged Irresponsible Business Conduct

A Danish stone wool insulation manufacturing facility that has sparked two years’ worth of protests and division in the Eastern Panhandle is under investigation for political improprieties, air quality and water quality.

The investigation is being conducted by the Danish Mediation and Complaints-Handling Institution for Responsible Business Conduct, also called NCP Denmark.

The organization announced this month it is starting a formal investigation into the Rockwool facility being built in Ranson, Jefferson County after receiving a complaint from residents in the county last October.

The complaint alleges that Rockwool violated the Organization for Economic Co-operation and Development Guidelines for Multinational Enterprises (OECD), which is an international organization that works to shape policies that foster prosperity, equality, opportunity and well-being, according to its website.

The complaint claims the company “neglected the recommended principles and standards of conduct associated with good corporate citizenship.”

“This complaint to the Danish Mediation and Complaints-Handling Institution is being filed after many months of pursuing other legal and political mechanisms to stop or otherwise drastically improve the project,” the document states. “At this time, we have exhausted all other meaningful avenues available to us in the United States.”

NCP Denmark received the complaint from members of the West Virginians for Sustainable Development group, which is made up of residents of Jefferson County and the surrounding region, including West Virginia House of Delegates members Democrats John Doyle and Sammi Brown, as well as Jefferson County Commissioners Jane Tabb and Ralph Lorenzetti.

The complaint from West Virginians for Sustainable Development comes after two years of growing contention between Rockwool and locals.

The Rockwool facility in Ranson would make stone wool insulation by melting down basalt rock and recycled slag. Fibers are spun to create a wool-like material used to insulate buildings, industrial applications or acoustic ceilings. The company touts the product as “green” and says it is more viable than traditional fiberglass insulation. The product is also heat and water-resistant.

The facility in Ranson will be 460,000-square-feet and feature state-of-the-art technology, according to the company. It is expected to employ about 150 people earning wages between $35,000 and $85,000 a year. But the plant will also feature two, 21-story smokestacks releasing a range of chemicals including formaldehyde at 67.6 tons a year and benzene at 0.1 tons a year. Formaldehyde is listed as a possible carcinogen by the United States Environmental Protection Agency, while many other scientific bodies say it is. Benzene, however, is considered a carcinogen.

Rockwool received its Air Quality Permit from the West Virginia Department of Environmental Protection in April 2018.

The facility is also being built on former orchard land that’s within a few miles of four public schools and neighborhoods – the nearest school being a Title I elementary school, meaning many of its students come from low-income households.

The Rockwool company has said the impact to the environment would be minimal, noting that many of the chemicals, such as formaldehyde, are produced naturally in nature. They have also said that chemicals produced by gas-powered vehicles are worse and in higher quantities than what will come out of the smokestacks at the facility.

“We respect that some local citizens may have a different view and have a right to air their concerns,” said Rockwool’s former North American President Trent Ogilvie in an interview with West Virginia Public Broadcasting last year. “All we ask, is to engage in constructive, fact-based, open-minded conversation. We respect concern, and we just want to make sure we can engage and be transparent and answer their questions.”

But this has done little to quell residents’ fears or slow pushback who feel that any negative impacts to air quality is too much. They also say the location of the facility is inappropriate.

In the two years since it was announced that the company would be coming to West Virginia, there have been protests, rallies, pending lawsuits and public records requests. And now residents are seeking help from officials in Denmark.

“We are pleased that NCP Denmark believes this case merits further consideration,” said Rod Snyder, chair of West Virginians for Sustainable Development in a press release. “Local citizens have been working tirelessly for two years to have a meaningful say in economic development decisions in our community. Our primary goal is to achieve an outcome that is significantly more protective of air, water, and the health and safety of our children and families in Jefferson County and the surrounding region.”

Rockwool’s Vice President of Group Communications Michael Zarin responded to the complaint and investigation in an email to West Virginia Public Broadcasting.

“We are entirely confident that we have planned and are executing the project respecting all local and international requirements,” said Zarin. “Factory construction is well underway, and we are pleased to see significant interest in employment and economic development opportunities from the local community.”

While NCP Denmark is a non-judicial institution, the group can issue recommendations for best business practices and point out areas they deem as problems. The group strives to “create a framework for mediation, dialogue and conflict resolution” between entities, according to its website.

“As part of the investigation, NCP Denmark will primarily focus on the OECD Guidelines’ chapter II on General Policies (including paragraph 14 on stakeholder engagement), chapter IV on Human Rights, and chapter VI on Environment,” said NCP Denmark in its public announcement of the investigation.

The investigation is expected to be finalized in early 2021.

The Rockwool facility in Ranson is expected to be operational by spring 2021.

Hundreds Of Fayette County Residents Under Indefinite Boil Advisory

The West Virginia Public Service Commission has opened a general investigation into the quality of water service provided by the Page-Kincaid Public Service District in Fayette County. 

As of May 18th, the entire service district is under a boil water advisory for an unspecified amount of time. It serves more than 600 Fayette County customers.

In an evening statement on Wednesday, May 20th, chairwoman Charlotte Lane said the commission has received a petition with about 400 signatures, complaining about poor service and high rates.

“Many of those residents specifically requested the water system be taken over by a responsible utility,” Lane said. “The commission had been promised that these problems were being resolved.”

In June 2019, Page-Kincaid applied through the public service commission to rehabilitate the Fayette County treatment plant, which would have amounted to a potential 10 percent increase in customers’ rates. The intent of the $3 million project was to install three new water filters and upgrade dilapidated infrastructure, partly in response to a deterioration in water quality in 2018, including high levels of iron, manganese and aluminum.

Upon negotiations with West Virginia American Water [WVAW] in the fall of 2019, the commission granted Page-Kincaid’s withdrawal of its application with the understanding that an alternative plan would come to fruition, such as an acquisition by WVAW.

After Page-Kincaid rejected WVAW’s proposals in early 2020, rehabilitation of the treatment plant did not make substantial process.

Aside from the general investigation, the West Virginia Public Service Commission will require Page-Kincaid to provide requested acquisition information to WVAW.

“The boil water advisory heightens the necessity to explore all available alternatives,” according to the commission’s petition. “It is imperative that Page-Kincaid move quickly to develop a plan to improve the quality of water and water service provided to Page-Kincaid customers.

The petition also requested that a “responsible” utility take over the Page-Kincaid provider. 

Now that the commission has declared a general investigation, it will host a status conference at the Public Service Commission’s main room in Charleston on July 16 at 9:30 a.m. 

At Public Hearing, ORSANCO Asked To Do More To Protect Ohio River

A multi-state commission charged with protecting the Ohio River heard testimony Monday evening in Pittsburgh that it should do more, not less to protect water quality.

 

In the first of three public hearings, the Ohio River Valley Water Sanitation Commission, or ORSANCO, heard from more than a dozen people about proposed changes to the commission’s pollution control standards for industrial and municipal wastewater discharges into the river.

This round of public comments is the latest in a multi-year effort to update the commission’s pollution control standards for the Ohio River.

 

After thousands weighed in against it, ORSANCO in February scrapped an industry-backed proposal that would have eliminated its pollution control standards.

 

A new proposal keeps the standards, but makes adoption by ORSANCO’s eight member states optional. The proposal would require each state to provide the commission with time to comment on draft discharge permits issued along the Ohio River.

 

ORSANCO Director Richard Harrison said the new proposal balances the need by states for flexibility while being cognizant of the feedback received by the public largely in favor of the commission maintaining a role in pollution monitoring.

 

“It’s recognizing that states need flexibility to use alternative criteria,” Harrison said. “However, they need to make sure, working together collaboratively, that the discharges are not causing harm to the protected, designated uses of the river. So, it’s really making sure the end result of a discharge is not harmful to the use of the river.”

 

More than a dozen people testified that ORSANCO should make adoption of the standards mandatory and should increase its pollution monitoring.

 

“We should be discussing ways to increase the pollution controls’ efficacy, not reduce its power and provide obvious holes for states to lower their own standards to create a race to the bottom in order to attract industry,” said Joshua Eisenfeld with Fair Shake Environmental Legal Services.

 

Many of those who spoke expressed concern that the region’s growing petrochemical infrastructure linked to the shale gas resources in the Marcellus and Utica would negatively impact the Ohio River’s water quality.

 

The river, a drinking water source for 5 million people, was designated the most polluted river in the United States by the U.S. Environmental Protection Agency in 2015.

 

Michele Fetting, program manager for the Pittsburgh-based BREATHE Project, urged ORSANCO to not only mandate state adoption of the pollution control standards, but expand pollution monitoring to consider pollutants from the oil and gas and petrochemical industries.

 

“It is critical that these are included in its pollution control standards,” she said. “We will never know the full impact of new and future pollution activities if we are not testing for contaminants from these industries.”

 

The proposal would require each state to provide the commission time to comment on draft discharge permits issued along the Ohio River.

 

Some expressed concerns that by making ORSANCO’s pollution control standards discretionary, it will fall on the commission to ensure permits are demonstrating equivalency using state-by-state criteria.

 

Robin Blakeman, with the Ohio Valley Environmental Coalition, said ORSANCO needs to provide transparency and accountability.

 

“It is important that ORSANCO establish baseline, uniform reference discharge standards and mechanisms for holding states accountable,” she said. “Although ORSANCO’s role will not change in developing standards, all member states should be strongly advised that these standards represent the best means of maintaining the designated uses of the river.”

 

ORSANCO is holding two more public hearings, one in Evansville, Indiana on April 4, and the other in Cincinnati, Ohio on April 8. The commission is accepting public comment through April 15. 

ORSANCO Punts on Decision to Eliminate Water Quality Standards for the Ohio River

A multi-state commission charged with protecting the Ohio River decided Thursday to postpone a decision to dramatically alter pollution controls.

The Ohio River Valley Water Sanitation Commission, or ORSANCO, has been considering a proposal that would reduce its oversight of water pollution control standards along the Ohio River. The proposal, called “option 2” would eliminate the body’s water pollution control standards for industrial and municipal wastewater discharges into the river.

The eight state body was created before the passage of the Clean Water Act, with a mission to collaboratively protect the river and set limits on industrial pollution through water quality standards. ORSANCO Director Richard Harrison said the new proposal is about balancing where to put the body’s limited resources.

“This review was really about determining what is the proper role for ORSANCO going forward,” he said. “Is it in pollution control standards? Or is it in other areas such as scientific research.”

The commission argues that water pollution control standards set by member states will protect water quality and the U.S. Environmental Protection Agency will provide adequate oversight.

“The pollution control standards of the commission actually represent a third layer of standards for the Ohio River,” Harrison said. “Each member state has criteria and it’s actually the member states that implement standards through their permitting program.”

The commission was expected to vote Thursday on the proposal, but the committee tasked with making recommendations to the commission said it needed more time. Harrison said thousands of people have weighed in on the proposal.

“Really the amount of comment is the reason the committee is taking some more time to deliberate and really make sure we continue our thorough review,” he added.

Conservation groups cheered the decision. Robin Blakeman, with the Ohio Valley Environmental Coalition, said the proposal, if passed as is, will diminish the river’s water quality. That could affect ecosystems and jeopardize the river, which is a source of drinking water for 5 million people.

“Essentially they backed away from making a decision at this meeting and they say they’re going to engage in further dialogue with those of us in the environmental communities,” she said. “So, we’re very glad for that.”

ORSANCO is next scheduled to meet in February in Covington, KY. Harrison said the committee could provide a recommendation at any time, and at this time there are no additional public hearings on the proposal scheduled.

Federal Funding Announced for West Virginia Water Project

More than $1.1 million in federal funding has been announced for a West Virginia water project planned to replace outdated systems and improve service in several communities.

Republican U.S. Sen. Shelley Moore Capito and Democratic U.S. Sen. Joe Manchin announced the funding Thursday for Phase II of the Elkhorn Creek water project in McDowell County. The project is expected to improve drinking water service in Kimball, Northfork and Keystone as well as several other communities.

Capito said she has supported funding projects to replace older municipal systems that aren’t dependable. Manchin said it’s his priority to make sure rural counties in the state aren’t left behind.

West Virginia City Gets $6.65 Million to Upgrade Water System

West Virginia’s U.S. senators say $6.65 million in federal rural development funding has been approved for building a new treatment plant and other upgrades for the water system in McMechen.

According to Sens. Joe Manchin and Shelley Moore Capito, that’s the largest piece of some $590,000 in grants and $8.7 million in loans approved by the U.S. Department of Agriculture for West Virginia communities.

The McMechen funding is also for installing ground well security, completing water line replacements and rehabilitating two water storage tanks.

Another $2.6 million for the Center Public Service District in Pineville is for replacing more than 6,000 feet (1,829 meters) of pipe and 38 manholes plus other improvements.

The Mingo County Redevelopment Authority will get $51,000 to study of feasibility of establishing a wood products industrial park.

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