Regulations: What is Gov. Romney talking about?

October 17, 2012 by Ken Ward Jr.

Perhaps it’s become just an accepted notion that the Obama administration has brought the nation’s businesses to a halt with out-of-control regulation. Otherwise, why would GOP presidential nominee Mitt Romney have said this in last night’s presidential debate:

Regulations have quadrupled. The rate of regulations quadrupled under this president.

The idea of over-regulation probably comes as a surprise to coal miners who are dying from black lung disease, or to factory workers worried about excessive amounts of explosive dust, or to kids facing dangerous conditions working on the nation’s farms. And in fact, the numbers Gov. Romney threw out don’t seem to be anywhere near accurate, at least according to reporting a few months ago by Politico:

So far, the number of Obama’s regulations trails those of his predecessors …

While the overall number of final Obama rules was slightly higher the year after the 2010 mid-terms, the number of economically significant rules — which have either a $100 million price tag or $100 million in public health benefits — dropped from 70 in 2010 to 55 last year, according to a search of the economically significant rules listed in the OMB database. This year, nearly a third of the big-ticket rules — eight of 25 — have been related to implementing the health care law.

The length of time regulations sat at OMB for review also has increased by more than three weeks since the 2010 elections, from an average of 45 days before to 67 days after.

And here’s how Obama’s 1,004 rules completed as of Tuesday compares overall with his predecessors: George W. Bush had completed 1,073 rules at the same point in office, Clinton 1,775, according to the OMB database.

Cass Sunstein, an Obama friend who had been running regulatory review at the White House Office of Management and Budget, bragged about the numbers:

Just the fact is we haven’t had as many as our predecessor. That’s suggestive that there’s been some discipline.

PPG gets mercury pollution variance for W.Va. plant

October 11, 2012 by Ken Ward Jr.

Reports from the group’s meeting in Louisville, Ky., indicate that the Ohio River Valley Water Sanitation Commission has approved PPG’s request for a mercury pollution variance for its chlor-alkali plant along the Ohio River up in Natrium, W.Va. (see Twitter feeds from my friends Jim Bruggers and Erica Peterson).

Writing on his Watchdog Earth blog at the Courier-Journal, Jim had a preview of today’s meeting:

PPG Industries finds out this morning whether ORSANCO will grant its West Virginia plan a variance from water quality standards that would allow it continue dumping extra mercury into the Ohio River.

The Ohio River Valley Water Sanitation Commission meets at 9 a.m. today at the Brown Hotel to take up the matter, and other issues.

The commission, as I wrote in June, tentatively approved the continued mercury discharges from the chlorine manufacturing plant for at least the next five years.

The company has been seeking to avoid a 90 percent cut in the amount of mercury that it’s allowed to dump into the Ohio River.

At issue is a 2009 decision by the commission to phase out what it calls “mixing zones” downriver from industrial plants that discharge chemicals that build up in the environment, such as mercury. Such zones allow pollution limits to be met some distance from factory outfalls, after effluent has been diluted with river water.

Mixing zones are not thought to work as well for pollutants that bio-accumulate, as mercury does.

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GAO: Risks from shale-gas drilling ‘unknown’

October 9, 2012 by Ken Ward Jr.

There’s a new reprt out today from the U.S. Government Accountability Office — the GAO — with some interesting conclusions about shale-gas drilling like the Marcellus boom here in West Virginia:

Oil and gas development, whether conventional or shale oil and gas, pose inherent environmental and public health risks, but the extent of these risks associated with shale oil and gas development is unknown, in part, because the studies GAO reviewed do not generally take into account the potential long-term, cumulative effects.

The report goes on:

For example, according to a number of studies and publications GAO reviewed, shale oil and gas development poses risks to air quality, generally as the result of (1) engine exhaust from increased truck traffic, (2) emissions from diesel-powered pumps used to power equipment, (3) gas that is flared (burned) or vented (released directly into the atmosphere) for operational reasons, and (4) unintentional emissions of pollutants from faulty equipment or impoundments–temporary storage areas.

Another example:

Similarly, a number of studies and publications GAO reviewed indicate that shale oil and gas development poses risks to water quality from contamination of surface water and groundwater as a result of erosion from ground disturbances, spills and releases of chemicals and other fluids, or underground migration of gases and chemicals. For example, tanks storing toxic chemicals or hoses and pipes used to convey wastes to the tanks could leak, or impoundments containing wastes could overflow as a result of extensive rainfall. According to the New York Department of Environmental Conservation’s 2011 Supplemental Generic Environmental Impact Statement, spilled, leaked, or released chemicals or wastes could flow to a surface water body or infiltrate the ground, reaching and contaminating subsurface soils and aquifers.

You can read a summary here and the full report here.

AP: Raese built golf course without permits

October 8, 2012 by Ken Ward Jr.

Here’s the latest from Vicki Smith over at the AP:

MORGANTOWN, W.Va. (AP) — Republican Senate candidate John Raese filled in wetlands and damaged more than 2 miles of streams when he rerouted them to create waterfalls on a private, 18-hole West Virginia golf course that federal regulators say he built without the required permits.

The years-long construction of Pikewood National Golf Club near Morgantown is “probably the biggest violation we’ve ever seen in this district,” Sheila Tunney, spokeswoman for the U.S. Army Corps of Engineers in Pittsburgh, told The Associated Press.

More than two years ago, the Environmental Protection Agency ordered Raese, the club’s president, to develop a plan to mitigate the damage. Tunney says work on that plan is ongoing.

Raese, who’s challenging incumbent Democrat Joe Manchin, recently called Pikewood “the nicest golf course in the United States” and a local job creator. He didn’t immediately respond to a request for comment Monday.

The millionaire businessman campaigns routinely on a platform that includes abolishing several federal agencies, including the EPA, and the government regulations that he says squelch economic development.

EPA officials have repeatedly declined to answer questions about the violations but did provide the AP a copy of a six-page compliance order issued in March 2010. The last page says EPA “reserves the right to seek any remedy available under the law,” including pursuit of any civil or criminal charges it deems appropriate.

Tunney said the corps first learned about the 1,300-acre golf course, which sits on the Monongalia-Preston county border, from a farmer who complained he was no longer getting water from a local stream.

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Secret meetings, Sept. 14, 2012

September 14, 2012 by Ken Ward Jr.

This week’s issue of The State Register contains two meetings that violate the public notice requirements of West Virginia’s open meetings law.

The agencies involved? The Division of Natural Resources’ Whitewater Commission and the State Board of Sanitarians.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

W.Va. citizen groups seek drilling permit moratorium

September 11, 2012 by Ken Ward Jr.

A natural gas well operated by Northeast Natural Energy in Morgantown on Saturday, Aug.  6, 2011.  (AP Photo/David Smith)

West Virginia citizen groups this afternoon are holding a press conference at the Capitol to issue an urgent call for an immediate moratorium on new permits for oil and gas drilling in the Marcellus Shale region of our state.

Among other concerns, the groups are citing the state Department of Environmental Protection’s shortage of inspectors (see here and here), and arguing that a permit moratorium should remain in place until the following condition is met:

No new permits should be issued until DEP inspections of drilling operations and gas wells become mandatory. The WV DEP must determine the number of active wells that an inspector can effectively oversee and limit the number of permits issued to the corresponding number of inspectors on staff.

One citizen group, WV for Moratorium on Marcellus, had already called for at least a temporary halt to new permits. Other groups joining in today’s call for a moratorium include the West Virginia Chapter of the Sierra Club, the West Virginia Highlands Conservancy, the Ohio Valley Environmental Coalition,  the West Virginia Environmental Council, Friends of the Cacapon River, Christians for the Mountains, Eight Rivers Council, the Greenbrier River Water Association, and SaveTheWaterTable.org.

Their call for a moratorium comes after citizen and environmental groups turned out for a WVDEP hearing in July, trying to urge agency officials to toughen the rules they wrote to implement last December’s new drilling legislation. Citizen groups have complained that the new legislation doesn’t go nearly far enough, and was greatly weakened by Gov. Earl Ray Tomblin at the industry’s request (see here, here and here).

Among the other demands made by  citizen groups today:

– No new permits should be issued until a closed-loop process is mandated for drilling and hydraulic fracturing. In order to protect the state’s surface and groundwater, no waste or flowback, solid or liquid, should be applied to or buried on the land.

– No new permits should be issued until Home Rule is honored. Local towns and counties must be allowed to control whether, where and when hydraulic fracturing is done in their communities, including control of the roads and hours where trucks hauling drilling equipment and supplies are allowed to operate.

– No new permits should be issued until West Virginia citizens are guaranteed a permanent replacement if their source of clean water becomes contaminated at any time within 1 mile of a natural gas drilling operation unless another source of pollution can be proven.

The citizen groups said today:

We know that the legislation adopted in December 2011 was grossly inadequate, and does not provide the basic protections needed by West Virginia citizens. Yet permits for new wells continue to be issued, leaving landowners and local citizens helpless to stop the dangers in their neighborhood. Natural gas development can be done right, but today, it is being done wrong, and that needs to stop.

Study suggests C8 link to cardiovascular disease

September 4, 2012 by Ken Ward Jr.

There’s a new study out this week from West Virginia University researchers that concludes exposure to C8 is associated with increased risk of cardiovascular disease, or CVD, and peripheral arterial disease, or PAD. According to a news release:

Anoop Shankar, M.D., Ph.D., and colleagues from the West Virginia University School of Public Health, Morgantown, examined the association between serum (blood) levels of PFOA and the presence of CVD and PAD, a marker of atherosclerosis, in a nationally representative group of adults. The study used merged data from the 1999-2000 and 2003-2004 National Health and Nutrition Examination Survey (NHANES).

The study suggests that increasing serum PFOA levels were positively associated with the presence of CVD and PAD, and the association appeared to be independent of confounders such as age, sex, race/ethnicity, smoking status, body mass index, diabetes mellitus, hypertension and serum cholesterol level, the authors comment.

“Our results contribute to the emerging data on health effects of PFCs [perfluoroalkyl chemicals], suggesting for the first time that PFOA exposure is potentially related to CVD and PAD. However, owing to the cross-sectional nature of the present study, we cannot conclude that the association is causal,” the authors comment.

The study, published in the Journal of the American Medical Association’s Archives of Internal Medicine, is available online (through a subscription only site) here.   Readers who are following C8 issues may recall that the C8 Science Panel has issued a report concluding that there is no “probable link” between C8 exposure and stroke, but that the Science Panel’s findings about heart disease are not due out now until sometime next month.

In a commentary also published in the journal, Dr. Debabrata Mukherjee of Texas Tech University Health Sciences Center, El Paso, writes:

These results contribute to the evolving data on the adverse health effects of PFOA, suggesting that PFOA exposure may be potentially related to CVD.  However, a major limitation is the cross-sectional nature of the study. Given this significant limitation, causality or the temporal nature of the association between PFOA and CVD cannot be concluded from the current analysis.  Although it seems clear that additional prospective research is needed to tease out the true adverse cardiovascular effects of PFOA, given the concerns raised by this and prior studies, clinicians will need to act now. From a societal point of view, it would make sense to limit or to eliminate the use of PFOA and its congeners in industry through legislation and regulation while improving water purification and treatment techniques to try and remove this potentially toxic chemical from our water supply.

C8 update: Another paper, but still no regulations

August 31, 2012 by Ken Ward Jr.

There’s a very interesting new paper out on C8 that concludes:

Girls with higher prenatal exposure to each of the PFCs examined were smaller at birth than those with lower exposure. In addition, those with higher exposure to (PFOS) were larger at 20 months.

This is especially interesting, given the previous findings of the C8 Science Panel last December:

On the basis of epidemiologic and other scientific data available to the C8 Science Panel, we conclude that there is not a probable link between exposure to PFOA (C8) and preterm birth or low birthweight.

Meanwhile, Callie Lyons had an important blog post on C8 issues, reporting this:

Despite lawsuits and health studies, the controversial manufacturing substance C8 remains unregulated by the US Environmental Protection Agency. Cincinnati attorney Rob Bilott is urging the agency to take swift action in light of recent findings from the C8 Science Panel.

Bilott says he is concerned because he recently discovered EPA intends to delay actual regulatory activity until 2025 – or 24 years after he first requested action on the part of his Mid Ohio Valley clients.
“On behalf of our individual resident clients who have been and/or continue to be exposed to PFOA in their residential drinking water, we again urge US EPA to take action more quickly to release appropriate limits and guidelines for PFOA in drinking water applicable to long-term, chronic exposures, particularly given the recent data confirming thousands of cases of serious human disease linked to such exposures among impacted residential communities,” Bilott said in an Aug. 20 letter to EPA. “Twenty four years is far too long to ask our clients to wait.”

Secret meetings, Aug. 10, 2012

August 10, 2012 by Ken Ward Jr.

Today’s issue of The State Register contains one meeting that violated the public notice requirements of West Virginia’s open meetings law. The agency involved? The Board of Respiratory Care.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

Secret meetings, Aug. 3, 2012

August 3, 2012 by Ken Ward Jr.

Three different agencies have meetings listed in this week’s State Register that violate the public notice requirement of West Virginia’s open meetings law. The agencies are: The Monongalia County Solid Waste Authority, the Division of Motor Vehicles Dealer Advisory Board, and the Pierpont Community College Finance/Audit Committee.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.