West Virginia’s Department of Environmental Protection has announced it is extending the public comment period on a small change that could — if industry has its way — someday soon result in a major weakening of the state’s water quality standards.

The comment period on the change — to allow harmonic mean flow to be used to calculate limits on cancer-causing pollution in a small section of the Ohio River — will now run through 5 p.m. on June 6.

Read more about the proposal itself here.

The comment period was scheduled to end Tuesday evening, but DEP spokeswoman Kathy Cosco told me:

We had a comment from an individual that he did not know it was out for comment. And we wanted to make sure people had ample opportunity to comment on the changes.

Every few years, it seems, industry lobbyists in West Virginia come back with their proposal to greatly weaken the state’s water quality standards by changing the way pollution limits are calculated.

This past legislative session, they succeeded in slipping through what one industry lawyer, Dave Yaussy described — perhaps hopefully — on his West Virginia Environmental Law blog as “the Camel’s Nose Under the Tent Flap.”

The change in question mandates the use of the so-called “harmonic mean,” or average flow to calculate the level of cancer-causing chemicals that can be discharged into a two-mile section of the Ohio River near the town of Follansbee. Previously, the pollution for this part of the river would have been based — like that in the rest of our rivers and streams in West Virginia — on the seven lowest consecutive “flow days” over the last 10 years, or the 7Q10 flow. As Dave Yaussy explains:

In issuing NPDES permits the West Virginia DEP usually uses a very conservative critical design flow referred to as the 7Q10, or the lowest 7 day consecutive flow that recurs at least once every 10 years. It’s a pretty low flow, meaning that the dilution available is low, and that means NPDES permit discharge limits are lower as well, because there’s less water to mix with. Even though the flow in the river, and therefore the amount of water available for mixing, is higher 99% of the time, the low 7Q10 flow is used to set limits in order to protect water quality even during drought periods.

Industry doesn’t like the tougher standards. They’ve been trying for years to get them changed, and their efforts back in the mid-1990s — driven in large part by a huge pulp and paper mill proposed for Mason County — prompted the Affiliated Construction Trades Foundation to name the change the “Cancer Creek Bill. “ (subscription required)

Industry lobbyists succeeded, at least in a little way, this year. The change from harmonic meant for a small section of the Ohio was added to the state’s water quality standards in the Senate Judiciary Committee.

Last week, the state Department of Environmental Protection announced it would be holding a public hearing on this proposal … but the thing as, as West Virginia Environmental Council lobbyist Don Garvin told me, it’s not really a proposal, at least not as far as state government goes. The Legislature already approved it. WVDEP is holding a hearing because federal regulations require public hearing and comment on such changes to water quality standards. Without the hearing, the rule change would likely be thrown out by the U.S. Environmental Protection Agency.

Read the rest of this entry »

Big clean water news out today from the Obama administration. As announced by the U.S. Environmental Protection Agency:

Recognizing the importance of clean water and healthy watersheds to our economy, environment and communities, the Obama administration released a national clean water framework today that showcases its comprehensive commitment to protecting the health of America’s waters. The framework emphasizes the importance of partnerships and coordination with states, local communities, stakeholders and the public to protect public health and water quality, and promote the nation’s energy and economic security.

The move was also announced by the White House, and a key part of all of this is major new Clean Water Act guidance by the EPA:

Americans depend on clean and abundant water. However, over the past decade, interpretations of Supreme Court rulings removed some critical waters from Federal protection, and caused confusion about which waters and wetlands are protected under the Clean Water Act. As a result, important waters now lack clear protection under the law, and businesses and regulators face uncertainty and delay. The Obama Administration is committed to protecting waters on which the health of people, the economy and ecosystems depend.

U.S. EPA and the U.S. Army Corps of Engineers have developed draft guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This guidance would replace previous guidance to reaffirm protection for critical waters. It also will provide clearer, more predictable guidelines for determining which water bodies are protected by the Clean Water Act. The draft guidance will be open for 60 days of public comment to allow all stakeholders to provide input and feedback before it is finalized.

The draft guidance will reaffirm protections for small streams that feed into larger streams, rivers, bays and coastal waters. It will also reaffirm protection for wetlands that filter pollution and help protect communities from flooding. Discharging pollution into protected waters (e.g., dumping sewage, contaminants, or industrial pollution) or filling protected waters and wetlands (e.g., building a housing development or a parking lot) require permits. This guidance will keep safe the streams and wetlands that affect the quality of the water used for drinking, swimming, fishing, farming, manufacturing, tourism and other activities essential to the American economy and quality of life. It also will provide regulatory clarity, predictability, consistency and transparency.

Read the rest of this entry »