Tuesday, December 29, 2009

West Virginia To Help Clean the Chesapeake Bay

West Virginia contributes relatively little flow to the Chesapeake Bay, and consequently few of the pollutants that have degraded the Bay over the past many years. Nevertheless, every bit counts, and the Eastern Panhandle will likely see additional reductions in nutrient loading (principally nitrogen and phosphorus) from publicly-owned treatment works (POTWs), which is the official name for the local sanitary sewer facility that most of us flush to. Most of the nutrient loading that runs to the Bay comes from POTWs and from lawn and farm storm water run off.

EPA is going to develop a total maximum daily load, or TMDL, that will restrict the amounts of nutrients that can be discharged into the tributaries that flow into the Bay. Each state will then be charged with making sure the sources in its state don't discharge more than they are allotted under the TMDL. Many states, with lare cities on the banks of the Potomac and Susquehana, as well as those cities on the Bay itself, are going to incur a lot of expense in order to come into compliance with the new limits. For its part, West Virginia has already passed legislation to allow the DEP the authority to impose additional treatment requirements on Eastern Panhandle dischargers if they are necessary to comply with the TMDL. W. Va. Code 22-11-30.

EPA recently sent a letter telling states its plan for protecting the Bay. The press release follows; the EPA letter is hyperlinked at the bottom of the press release.

EPA Outlines Framework for Holding States, D.C. Accountable for Reducing Chesapeake Bay Watershed Pollution; Additional $11.2 Million Provided

PHILADELPHIA (December 29, 2009) - The U.S. Environmental Protection Agency has completed the creation of a rigorous accountability framework for reducing pollution in the Chesapeake Bay and the region’s streams, creeks and rivers. A letter sent today to the six states in the Bay watershed and the District of Columbia outlined a series of consequences EPA could impose if jurisdictions do not make adequate progress in reducing water pollution.
“President Obama, EPA and the states want real, measurable results to restore and protect the Chesapeake Bay. To get there EPA is strengthening support for our partners, setting clear standards for progress, and ensuring accountability if those standards aren’t met,” said EPA Administrator Lisa P. Jackson. “Pollution in the Chesapeake is a challenge that has persisted for decades. This federal-state partnership presents new opportunities for cleanup, and we’re increasing support and accountability to be sure we get the job done.”
Federal, state and local officials have been working together on development of the Chesapeake Bay Total Maximum Daily Load (TMDL), a pollution budget that will set limits for sources of nitrogen, phosphorus and sediment to the Bay and its tidal creeks, rivers and bays. EPA is confident the collaborative work will continue and that the states and D.C. will successfully meet expectations for reducing water pollution. The series of consequences will serve as a backstop, however, to achieving water quality goals.
To help the states and D.C. improve the performance and accountability of pollution control programs, EPA will provide technical assistance and an additional $11.2 million in grants for fiscal year 2010, more than doubling 2009 funding levels to the states. The funds are designed to improve permitting, enforcement and other key regulatory activities that increase accountability for reducing water pollution.
EPA is creating the rigorous accountability framework for accelerating cleanup of the Chesapeake Bay and the region’s waterways by utilizing the authorities of the Clean Water Act, President Obama’s Executive Order and the Chesapeake Bay TMDL. Letters to the states and D.C. in September 2008 and November 2009 stated that the jurisdictions must create strategies and schedules for reducing water pollution loads as part of the accountability framework.
While the six Bay states – Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia – and D.C. have considerable flexibility in how they achieve reductions, the jurisdictions must meet milestones every two years for implementing pollution controls. EPA may impose a variety of consequences for inadequate plans or failure to meet the milestones, including:
Expanding coverage of National Pollutant Discharge Elimination System (NPDES) permits to sources that are currently unregulated.
Increasing oversight of state-issued NPDES permits.
Requiring additional pollution reductions from point sources such as wastewater treatment plants.
Increasing federal enforcement and compliance in the watershed.
Prohibiting new or expanded pollution discharges unless sufficient offsets are provided.
Redirecting EPA grants.
Revising water quality standards to better protect local and downstream waters.
Establishing finer scale load allocations in the Bay TMDL.
Within 60 days of receiving a deliverable – such as a plan, milestone or permit – EPA will provide an assessment. If EPA finds a deliverable inadequate, the state or D.C. will then have 30 days to respond. EPA will deliver its final assessment and indicate any consequence the agency intends to impose within 120 days of the original submission.

The Chesapeake Bay TMDL will be completed by December 31, 2010. Under the TMDL, EPA expects the states and D.C. to provide specific timelines for enhancing programs and implementing controls to reduce pollution. By November 2010, the states and D.C. are required to identify gaps in current programs that must be addressed to meet pollution limits. Bridging these gaps may require expanding regulatory authorities, improving compliance with existing regulations, securing additional financial resources and issuing more stringent permits for wastewater facilities.

By 2011, EPA expects the states and D.C. to divide their allocated pollution loads to the local level so that counties, municipalities, conservation districts and watershed organizations understand their role in meeting water quality goals. States and D.C. must also offset any increased loads from population growth and land use changes anticipated in the coming decades. EPA expects that pollution controls will be in place that should result in approximately 60 percent of the required reductions by 2017. All measures needed to reach the pollution load limits must be in place no later than 2025.

To view the letter visit http://www.epa.gov/region03/chesapeake/bay_letter_1209.pdf

Monday, December 21, 2009

West Virginia DEP to Allow Mining Discharges to Dunkard Creek

The West Virginia DEP has announced that it will allow drawdown of an underground water pool that contributed to golden algae blooms and fish kills this past summer in Dunkard Creek. The drawdown is being allowed to protect miners at a Consol mine, and is environmentally safe given low temperatures that currently predominate. As temperatures rise, lower limits will be prescribed. The news release issued by the DEP follows.

West Virginia DEP Issues Order to Dunkard Creek Mining Facility

The West Virginia Department of Environmental Protection has issued an order to Consolidation Coal Company (Consol) that establishes guidelines for the company to resume pumping water from its underground mining operations that straddle the border between West Virginia and Pennsylvania.

The order is a short-term order that would allow pumping under controlled conditions from the effective date of the order until it expires on April 30, 2010. It allows Consol to resume pumping to bring the mine pool to a level that creates possible storage capacity that can be used as a water management tool during low flow, high temperature months and ensure the safety of the approximately 400 miners working underground at its Blacksville No. 2 mine.

Consol voluntarily ceased pumping water from the mine works into Dunkard Creek in cooperation with the multi-state investigation of the cause of a major fish kill that spanned more than 40 miles of the stream.

Based on information concerning the conditions favorable to the growth of golden algae, the probability for an algae bloom increases when the water temperature rises above 50 degrees. Therefore, when the water temperature is 50 degrees or higher, the in-stream limit that must be met by Consol is 860 milligrams per liter, which is the acute water quality standard for chloride in West Virginia.

For temperatures between 40 and 50 degrees Fahrenheit the limits would decrease as the temperature increases. In the meantime, when the water temperature is below 40 degrees Fahrenheit, and the probability for an algae bloom is low, the company must meet an in-stream limit of 1,400 mg/l.

“What we have learned from golden algae experts from around the country is that this alga is less likely to bloom, and produce toxins in cooler water temperatures,” said Scott Mandirola, assistant director of the Division of Water and Waste Management. “So while the risk is low during the cold and wet season, we believe it is safe for the company to pump down the mine pool as much as possible. Once the temperatures begin to rise, more stringent limits will go into effect.”

The order calls for chloride and conductivity monitoring to be conducted at Blacksville No. 2’s discharge point and downstream in West Virginia Fork of Dunkard Creek. The company will also conduct monitoring for additional parameters of concern identified during the fish kill investigation, including algae and selenium.

Although the order is considered a short-term one, it also addresses long-term issues. Under the order, Consol must complete and submit a proposal for the construction of treatment plants for its operations in northern and north- western West Virginia. The draft proposal is due to the WVDEP by April 15, 2010, and the project must be completed by May 31, 2013. The first treatment plant to be completed would remove problematic discharges from Dunkard Creek.
Additionally, all other outlets that are the subject of WVDEP Order 133C would be addressed in the proposal.

The WVDEP sought input and concurrence from the Environmental Protection Agency and the Pennsylvania DEP prior to issuing the order to Consol.

“This order is a unilateral order by the state of West Virginia, which does not require approval by the Environmental Protection Agency,” said Cabinet Secretary Randy Huffman. “However, we have been working very closely with EPA and the Pennsylvania DEP from the beginning of this event, and it is critical that they have had a seat at the table. This is an important interstate issue.”

“While it is clear that total dissolved solids are a major factor in the puzzle, it’s not the only factor,” Mandirola said.

The agency’s biologists and engineers have learned a great deal about the algae, yet there is still more that is unclear including what combination of factors has to be in place for the algae to bloom, and what triggers the algae to produce the toxins that actually killed the fish.

“We, like everyone else familiar with this event, don’t want this to happen again and with the input of our counterparts in Pennsylvania and at the EPA, and have put together a workable plan that is intended to prevent another toxic algae bloom,” Mandirola said.

Monday, December 14, 2009

West Virginia DHHR Releases Sport Fish Advisory

The West Virginia Department of Health and Human Services has released the 2010 sport fish consumption advisory. This is an annual report by the DHHR providing information that allows consumers to make decisions about consuming fish in the state. It is not, as some people believe, a regulation or law, and it is not a finding that the streams are impaired. The advisory is based on a relatively limited data set, and for that reason the recommendations are conservative, erring on the side of caution.

The following is taken from the DHHR website, and explains more about the advisory and offers a link to the US FDA advisories:

Certain West Virginia sport fish have been found to have low levels of chemicals like polychlorinated biphenyls (PCBs), mercury, selenium and dioxin. To protect the good health of West Virginians, the West Virginia DHHR offers an advisory for how often these fish can be safely eaten. An advisory is advice, and should not be viewed as law or regulation. It is intended to help anglers and their families make educated choices about: where to fish, what types of fish to eat, how to limit the amount and frequency of fish eaten, and how to prepare and cook fish to reduce contaminants.

This advisory covers only sport fish caught in West Virginia waters. Safety regulations and advisories for fish in the market place are the responsibility of the Federal Food and Drug Administration (FDA). For more information you can contact the FDA at: http://www.fda.gov/Food/ResourcesForYou/Consumers/ucm110591.htm

Friday, December 11, 2009

West Virginia Wind Project Put On Hold By District Court Ruling

A federal judge has held up the 100.5-megawatt Beech Ridge Wind Farm in Greenbrier County, West Virginia until developers get an incidental take permit from the US Fish & Wildlife Service under the Endangered Species Act. The judge ruled that the wind turbines would necessarily kill Indiana bats, which are an endangered specie. The ruling doesn't kill the project, but it will halt development until the permit is obtained, and it sets a precedent for wind projects across the nation that are located near populations or flyways of endangered birds and bats.

George Hohmann of the Daily Mail has a good article on the story. Here's the opinion issued by US District Court judge Roger Titus. The Washington Post reported on it, as has ReCharge, which has a picture of the bat if you want to see it.

Geothermal Power and Earthquakes

Swiss earthquakes from geothermal drilling? I had heard the oil and gas drilling could contribute to earthquakes - I believe similar allegations were made in Texas with regard to the Barnett Shale play - but this was the first time I heard of it in connection with drilling for geothermal energy. Geothermal Basel was trying to drill down 3 miles to hit rock, and caused small earthquakes in the process. At least that is what was alleged.

It's further proof of this axiom - there is no free lunch, and no power source without some drawback.

Rep. Capito Speaks On Climate Change, Will Head to Copenhagen

Here's sign of how nuanced the climate debate is becoming - Shelly Moore Capito, a moderate Republican from a coal state, says she doesn't take issue with the science showing some anthropogenic global warming, but she questions the doomsday analysis that is put forward in support of draconian limits on carbon emissions. She is headed to Copenhagen to attend the climate conference to make certain that coal interests are protected in a reasonable fashion. I'm not certain what exactly she'll do, but she can't do any more harm than our own negotiators seem bent on doing.

I think Capito is spot on. The earth has been warming, and we can debate the role that carbon dioxide plays in that, but certain things also seem true. The computer models showing widespread harm as a result of warming, the "tipping point" analyses, and other cries of wolf cannot be given any credence in light of their failure to predict relatively flat temperatures over the past 10 years. To dramatically restrict fossil fuel use based on those predictions is irresponsible, especially in the developing world. And even if limits are agreed to, there's no current way to verify reductions, as this article from USA Today reports.

Having said that, the political pressures are too strong at this point to avoid regulation of carbon dioxide as a pollutant of concern. Lisa Jackson's recent announcement that carbon dioxide and other GHGs endanger the United states, while completely overblown, sets in motion a regulatory program that will inexorably lead to far greater restrictions on GHGs than Republicans and moderate Democrats would agree to in Congress. In short, there will have to be a bill, hopefully not Waxman-Markey, that will require some CO2 cuts but nothing to the degree that would otherwise be required by the Clean Air Act.

Tuesday, December 8, 2009

EPA Shares Toxics Release Inventory Data for 2008

EPA has just released its TRI data for 2008. It is interesting to note that the amount of toxics released in West Virginia dropped from 102,169,791 pounds in 2006 to 85,208,385 in 2007 and to 71,836,385 in 2008. See the press release and associated web links below.

PHILADELPHIA (December 8, 2009) -- The U.S. Environmental Protection Agency released today the 2008 Toxics Release Inventory (TRI) which provides information on toxic chemicals used and released by utilities, refineries, chemical manufacturers, paper companies, and many other facilities across the nation. The TRI is compiled from data submitted to EPA and the States by industry.

In EPA’s mid-Atlantic region, the 2008 TRI data indicate a 9.1 percent decrease of 35.2 million pounds of on and off site chemical releases as compared with 2007. A total of 350 million pounds of chemicals were released during 2008 to the air, water or landfills by facilities in the mid-Atlantic region which includes Pennsylvania, Delaware, Maryland, Virginia, West Virginia and the District of Columbia.

When compared with the 2000 TRI data of 478.0 million pounds released, the 2008 figures represent a 27.0 percent reduction (128.0 million pounds) in toxic pollutants released by facilities in the region. This was accomplished by process modifications, raw material substitution and pollution control equipment.

“The TRI is a valuable resource for citizens and government alike,” said Shawn Garvin, EPA mid-Atlantic regional administrator. “Communities can use these data to begin dialogues with local facilities to encourage them to reduce emissions or develop pollution prevention plans. Public interest groups use it to educate the public about toxic chemical emissions and potential risk. And EPA and the states use it to set priorities and allocate environmental protection resources to the most pressing problems.”

The TRI provides communities with valuable knowledge and encourages facilities to reduce their releases of toxic chemicals into the environment through source reduction or pollution prevention measures.

Today’s data include information on releases and other wastes from more than 650 chemicals and chemical compounds that companies are required to report under EPA’s Toxic Release Inventory Program. The data include chemicals that were released at the company’s facility and those transported to disposal facilities off site.

The lead and lead compound data for on and off-site releases show an increase from 5.7 million pounds in 2007 to 6.6 million pounds in 2008. Since 2002 there has been a decrease of 1.6 million pounds from 8.2 million pounds to 6.6 million pounds in 2008. The mercury and mercury compound data show an increase from 45.3 thousand pounds in 2007 to 63.1 thousand pounds in 2008. In 2002 mercury and mercury compound releases were 61.6 thousand pounds.

The reporting of data to the TRI is required under the federal Emergency Planning and Community Right-to-Know Act (EPCRA), passed in 1986. The TRI provides the amount, location, and type of releases to the environment, whether a pollutant is emitted into the air, discharged into the water, or released onto the land. It also includes information on waste shipped off-site for disposal or further treatment.

It is important to note that these chemical emissions are reported to EPA under the TRI and generally do not reflect illegal discharges of pollutants to the environment.

TRI information is easily accessible online to the news media and the public at www.epa.gov/triexplorer. For more detailed information on a specific facility, go to: www.epa.gov/enviro/html/tris/tris_query.html

Cap and Trade Debate At The University of Charleston

On the same day that EPA Administrator Lisa Jackson announced that carbon dioxide endangers the health and safety of current and future generations of Americans, and Robert Kennedy Jr. led a mountaintop mining protest at the Department of Environmental Protection the Rotary Club of Charleston sponsored a debate on cap and trade legislation at the University of Charleston between David Hawkins of the NRDC and Patrick Michaels of the Cato Institute.

Unlike the Kennedy rally, the debate involved thoughtful exchanges between Hawkins, a proponent of cap and trade, and Michaels, an opponent. I won't try to summarize the debate - go to the Daily Mail article linked above for a report on that. However, it was interesting that Michaels is willing to concede that there could be some anthropogenic effects on the climate caused by greenhouse gas emissions, although he believes that all the data show that the effects are negligible, while the cost of cap and trade will be huge. He thinks the best way to deal with carbon dioxide emissions is to allow the market to direct investment toward low carbon energy sources. Hawkins makes a good case that cap and trade is the engine that drives investment toward greener energy. If you believe that climate change is endangering the earth (I don't) then cap and trade is the way to go.

So it really comes down to this - how real, and how dangerous, is climate change? The climate changes have not been siginificant so far, and if a fair accounting is made, there are some advantages to a warmer world. But if you believe in a tipping point beyond which environmental ruin occurs, then we need to drastically reduce CO2 immediately.

Here's something on the endangerment finding from the University of Pittsburgh law school website.

Sunday, December 6, 2009

West Virginia, Federal Greenhouse Gas Reporting Rules in Conflict

US EPA recently finalized a rule at 40 CFR Part 98 that will require reporting of greenhouse gases (GHGs) by many sources by March of 2011 for calendar year 2010 emissions. The rule differs in significant ways from the DEP Division of Air Quality's reporting rule, found at 45 CSR 42. The DEP had promised, before adopting Reg 42, that it had no intention of setting up a duplicate or alternative GHG reporting scheme, and that it would set aside its rule if EPA adopted its own. That having occurred, we'll see if the Division of Air Quality drops its current rule.

Friday, December 4, 2009

Toyota, Dow Are West Virginia Members of EPA's Sustainability Partnership Program

PHILADELPHIA -- December 4, 2009) The U.S. Environmental Protection Agency’s mid-Atlantic region welcomed two new members into its Sustainability Partnership Program in two signing ceremonies held today.

EPA Regional Administrator Shawn M. Garvin joined Secretary Randy Huffman of the West Virginia Department of Environmental Protection in recognizing Toyota Motor Manufacturing West Virginia, Inc. at its Buffalo, W. Va., facility, and Dow West Virginia at its South Charleston facilities.

The Sustainability Partnership is an innovative program developed by EPA’s mid-Atlantic region to create a one-stop shopping approach for organizations that use large quantities of energy, water, and natural resources and want to “go green.” Instead of dealing with each of EPA's voluntary programs individually, EPA staff will work out a comprehensive ‘green’ plan for organizations that often saves money and makes good business sense. The overall goal of the SPP is to minimize the use of energy, resources and waste generation in the mid-Atlantic states.

"Today, both companies take a tremendous step forward in providing a more sustainable future for the people of West Virginia," said Garvin. "EPA is making a concerted effort to partner with states and businesses to improve environmental performance and make larger strides in sustaining our communities. And voluntary efforts that are initiated and tracked through programs like our Sustainability Partnership are a proven way to go."

”It’s a great day for Toyota and Dow as they have come a long way in the area of corporate sustainability,” said Secretary Huffman. “Toyota and Dow have learned to recognize the complementary relationships among the environment, economy and communities in West Virginia, and further realize that this Sustainability Partnership goes far beyond stakeholder involvement – it requires working within their facilities and with communities to tackle specific environmental issues.”

In 2000 Toyota’s Buffalo, W.Va. facility began implementing an environmental management system (EMS). Three years later, it had become, and remains, a zero landfill contributor -- reusing or recycling materials that otherwise would have been sent to landfills. By implementing the EMS and setting long-term goals, Toyota is already addressing ways to reduce waste, water usage, greenhouse gas emissions, hazardous materials usage and wastewater discharge.

At Dow West Virginia Operation’s South Charleston facility, the company has been working to reduce energy, water use, waste generation, and has increased the facility’s land and habitat conservation.
During a three-year demolition project, Dow saved 49,939 tons of concrete/masonry from going to the landfill by reusing the material. During 2007-2008, Dow recovered 3,726 tons of ferrous and non-ferrous metals for reuse; developed a 10-acre wildlife habitat certified by Wildlife Habitat Council; worked with South Charleston Middle School students to install birdhouses, plant native wildflowers and prairie grasses. Dow continues to work on the implementation of a wildlife management plan and is exploring collaborative opportunities with EPA and WVDEP to help schools remove hazardous materials and waste.

Additionally, Dow West Virginia’s South Charleston facility is implementing the American Chemistry Council’s Responsible Care Program, which requires CEO-level commitments to measure and publicly report environmental performance and to obtain independent certification that the company’s environmental management plan functions according to professional standards.

For more information about EPA mid-Atlantic’s Sustainable Partnership, go to http://www.epa.gov/reg3wcmd/spp/index.html

Tuesday, December 1, 2009

Cheating at the Game of Climate Change

The last thing the climate change lobby needed before the Copenhagen summit was a scandal about the way it develops its "overwhelming scientific consensus," but that's exactly what happened. A series of emails to and from the Climate Research Unit at the University of East Anglia in England was leaked to the press, revealing the sometimes devious methods used by those supplying data to the Intergovernmental Panel on Climate Change to bully and freeze out opposing views. Here is an opinion piece from the wall Street Journal that says it better than I can, as well as a report about a potential Congressional investigation. But most of all, a shout out to Hoppy Kercheval, who wrote about it this morning in the Daily Mail.

For years, one of the main defenses of the climate change theory proponents was the lack of peer-reviewed studies supporting the views of climate change skeptics. It now appears that influence was used to prevent publication of such articles by controlling the peer review process. Another blow to cap and trade.