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WVEC Action Alerts WVEC Alerts and Updates
November 12, 2001
1. DEP Public Notice Bulletin
2. Requirements Governing Water Quality Standards
3. EPA Grants
4. National Forests Protections
5. New InDEPth Newsletter
6. WV DOH Sued on Corridor H Run Off
7. West Virginia Rivers Coalition and Trout
Unlimitted Host Permit Workshops in Flatwoods
8. DEP Flood Advisory Committee
9. Legislative Timber Study Committee Meets
Tuesday, November 13th
DEP Public Notice Bulletin
The latest Public Notice Bulletin is available on the DEP website at:
www.dep.state.wv.us/pio/publicnotice/latestbulletin.pdf
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Requirements Governing Water Quality Standards
Below is a copy of the State of Circumstances on chloroform. It was sent to the Secretary of State office by the Environmental Quality Board. This is a revision of the numeric criterion for chloroform that applies to state waters designated as Public Water Supply (Category A).
A public hearing has been scheduled for November 19, 2001 at 7:00 PM at the Environmental Quality Board's office located at 1615 Washington St,E, in Charleston (zip code 25311-2126). This begins the 30 day comment period.
The deadline for submitting comments to the Board on this change is 5:00 PM on November 26, 2001. Below is the email from the EQB that has the proposed rule.
46 CSR 1 Requirements Governing Water Quality Standards
October 19, 2001
Statement of Circumstances Requiring Proposed Amendments
Revision to human health criterion for chloroform - Appendix E, Table 1, section 8.22 - Organics.
The change proposed herein amends the current numeric criterion for chloroform applicable to state waters designated as Public Water Supply (Category A). The current value for chloroform is 0.19 ug/liter; the proposed revised value is 5.7 ug/liter.
The proposed value of 5.7 ug/liter is the US Environmental Protection Agency's (US EPA) current recommended numeric criterion for chloroform for protection of human health from ingestion. West Virginia's 0.19 ug/l criterion is based on the value recommended in EPAs Gold Book of recommended criteria, titled Quality Criteria for Water, 1986 (EPA 440/5-86-0021). USEPA recalculated the criterion in 1989, based on new data, and published the revised criterion of 5.7 ug/l in a December 10, 1992 Federal Register notice.
A request for the revision of this criterion was made to the Board in a petition, dated September 10, 2001, received from the WV Chamber of Commerce, WV Manufacturers Association, West Virginia Manufacturers Association, WV Oil and Natural Gas Association, WV Rural Water Association, Independent Oil and Gas Association of WV and the WV Municipal Water Quality Association.
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EPA Grants
For the fiscal 10/1/01 - 9/30/02 the US EPA will make available approximately $1,500,000 in grant fund to eligible organizations. The application must be delivered by the close of the business day February 21, 2002 to the Regional EPA office (for WV that is Region III). Preference for awards will be given to community-based/grassroots organization that are working on local solutions to local environmental problems.
For more information check out:
http://es.epa.gov/oeca/oej/2002rfa.pdf
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Your Help Needed to Stop Attempts
to Weaken National Forest Protections
Comments must be received by November 19, 2001 In recent months, the Forest Service has published a series of proposals
that could unravel the basic environmental laws that protect our National
Forests from unchecked logging and other development. The latest proposal
would make it easier for the Forest Service to use a loophole called
"categorical exclusions" to fast-track destructive logging projects while
bypassing environmental review and public input. If the Forest Service
adopts this proposal, it could severely diminish citizen review and input
on destructive logging projects even if the logging will harm endangered
species or spoil a wild forest roadless area.
Our National Forests belong to all Americans and we should all be allowed
to weigh in on important decisions like whether a wild forest roadless area
should be logged or protected. Right now, the Forest Service is holding a
public comment period to seek your comments on their proposal. We Need
Your Help! Please write to the Forest Service and tell them that you
oppose their efforts to reduce public participation and environmental
analysis. Urge the Forest Service to fully enforce and not weaken their
current regulations on Categorical Exclusions.
To take action, please visit the Sierra Club website at:
http://whistler.sierraclub.org/takeaction/wildlands/index3.jsp
Or use the sample letter that follows.
Send written comments to:
Director, Lands Staff
4th Floor-South, Mail Stop 1104
Sidney R. Yates Federal Building
Forest Service, USDA
P.O. Box 96090
Washington, DC 20090?6090
Send electronic mail to: landsidce@fs.fed.us
Sample Letter:
Director, Lands Staff
4th Floor-South, Mail Stop 1104
Sidney R. Yates Federal Building
Forest Service, USDA
P.O. Box 96090
Washington, DC 20090?6090
Dear Forest Service:
Our National Forests belong to all Americans and we should all be allowed
to weigh in on important decisions ? especially those that impact special
places like roadless areas, threatened and endangered species habitat and
Research Natural Areas.
I oppose your efforts to reduce public participation and environmental
analysis. I believe the Forest Service should enforce the current
regulations and not allow the use of a Categorical Exclusion whenever
extraordinary circumstances are present. I urge you to not expand the
current definition and use of Categorical Exclusions.
Sincerely,
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New InDEPth Newsletter
Hi everyone! A new issue of InDEPth is on the DEP Web site. Here's the hot link:
http://www.dep.state.wv.us/pio/indepth/indepth_2001_11.pdf
Inside you'll find:
* articles about the different people we have working at DEP.
* a listing of public meetings being held by the Flood Analysis Team.
* information about OEB's new lending library.
* articles about various grants the DEP has gotten.
Read the DEP newsletter, InDEPth, and stay up on what's happening- environmentally!
Enjoy!
Colleen M. O'Neill
WV Department of Environmental Protection
Publications Director
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WVDOH Sued on Corridor H run off Stewards of the Potomac Highlands and WV Rivers Coalition are suing the WV
Div. of Highways about sediment runoff. Hearing in Kanawha Circuit Court is
on Nov. 26 before Judge Zakaib. Feel free to use this press release; if any
questions call me , 304-874-3887
For Release Friday Nov. 2 2001
CONTACTS:
Bonni McKeown, 304-874-3887, Stewards of Potomac Highlands
Jeremy Muller, 304-637-7201, West Virginia Rivers Coalition
Two environmental groups sued the West Virginia Division of Highways
today, saying the ponds being built to catch Corridor H construction runoff
are inadequate to keep mud from polluting trout streams in Hardy County's
Lost River watershed.
Stewards of the Potomac Highlands Inc., based in Wardensville in eastern
Hardy County, and the statewide West Virginia Rivers Coalition filed suit in
Kanawha County Circuit Court on Nov. 2 demanding that WVDOH halt the
bidding process for Corridor H contracts between Baker and Wardensville.
Stewards is asking WVDOH to redesign sediment control ponds to abide by WV
Department of Environmental Protection standards as required by their
permit. . WVDOH specifications for the Baker-Wardensville contracts
awarded last month show the sediment ponds designed to half the size
required by DEP. A letter from the environmental
group's attorney, Thomas Michael of
Clarksburg, states, "WVDEP inspectors, and at times WVDOH's own
Environmental Monitor, have repeatedly issued reports during 2000 and 2001
citing the small size of sediment ponds on sections of Corridor H already
under construction between Baker and Moorefield and Elkins and Kerens. At
least one report cites muddy water overtopping a sediment pond and flowing
into nearby streams."
Bonni McKeown of eastern Hampshire County, president of Stewards and a
longtime opponent of Corridor H, said, "State highway officials promised to
build Corridor H and still protect the environment. But in this case, they
have failed to tell contractors to build big enough ponds to avoid
pollution." WVDEP's general discharge permit issued to WVDOH calls for sediment ponds
of 3600 cubic feet per acre of watershed disturbed.. The highway
division's
design plans for the Baker-Wardensville section of Corridor H show sediment
ponds of just over 1800 cubic feet. "The Lost River area, in addition to its scenic beauty, has a very delicate
ecology, "
McKeown added. "The river gets its name from sinking into an
underground channel several miles west of Wardensville. There are many
caves which have never been mapped. And the Lost River is a trout watershed
fished by local people and visitors. Trout are very susceptible to
suffocating from mud in the streams. Heavy construction would do untold
damage in this area. The very least that the highway people can do to show
respect for Lost River is to design sediment ponds correctly." West Virginia Rivers Coalition (WVRC) based in Elkins, West Virginia was
founded in 1989, and has over 2,500 members and 48 local, state, regional
and national affiliate organizations. WVRC's mission is to seek the
conservation and restoration of West Virginia's exceptional rivers and
streams.
"We need to make sure that the environmental safeguards intended to make a
project such as Corridor H less environmentally degrading are followed,"
said Jeremy P. Muller executive director of West Virginia Rivers Coalition. "In this case, WVDOH is designing sediment ponds that are half the size they
are supposed to be. WVDOH simply needs to abide by WV Department of
Environmental Protection standards as required by their permit."
Corridor H is a controversial 100-mile proposed highway from Elkins, WV to
the Virginia line near Wardensville. A settlement last year by environmental
groups including Corridor H Alternatives resulted in the division of
Corridor H into sections. Of its 10 sections, two are now under
construction: Elkins to Kerens and Moorefield to Baker. Construction costs
of the Elkins-Kerens section totaled about $19.2 million per mile. Corridor
H was originally planned to connect to I-81, but Virginia has no plans to
build its 14-mile section, leading opponents to call it a "road to nowhere."
For background science on the role of sediment control ponds, and the
effect of sediment on river ecology, you may contact Neil Gillies at
Cacapon Institute, High View WV, phone 304-856-1385.
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WEST VIRGINIA RIVERS COALITION AND TROUT UNLIMITED TO HOST PERMIT WORKSHOP IN FLATWOODS! Are you concerned about pollution discharged to trout streams? Would you
like to learn more tools for making your voice heard when permitting
decisions are made?
This workshop, sponsored by the West Virginia Rivers Coalition and the
West Virginia Council of Trout Unlimited, will help you learn about and comment
on water pollution discharge permits (NPDES permits) in your watershed.
Permits regulate the amount of pollution that industrial and municipal
facilities can discharge to rivers and lakes. Your participation in the
permitting process is essential to ensure that permits account for local
concerns and strictly adhere to the Clean Water Act.
The workshop will include an overview of the Clean Water Act and the
agencies that play a role in the permitting process. It will also
introduce several types of permits found on trout streams and will provide
instructions for assessing permits and participating in the permitting
process.
Evan Hansen, director of the Permit Analysis Program, will lead the
workshop. For the last two years, Evan has been researching West
Virginia's permits and working with watershed organizations to promote involvement in the permitting process.
This free workshop will be held in Flatwoods on Saturday, December 8,
2001, and will last from 10am to 3pm. We'll meet at the Waffle Hut, just off
Exit 67 of I-79 and across the street from the Go-Mart.
Registration is encouraged, but not required. To register, please contact
Evan Hansen at ehansen@downstreamstrategies.com or 304-291-8205.
This is one of a series of permit workshops being held across West
Virginia. Previous workshops were held in Morgantown, Charleston,
Hedgesville, Lewisburg, and Charles Town. Please contact Evan to organize
a
workshop in your area.
ehansen@downstreamstrategies.com
www.downstreamstrategies.com
Phone: 304/291-8205
Fax: 304/291-0979
Downstream Strategies
2921 Halleck Road
Morgantown, WV 26508
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The WV Department of Environmental Protection's (DEP) Flood Advisory Committee wants to hear from you.
All Flood Advisory Committee meetings to hear public input will begin at
6:30 p.m. and are scheduled to end by 9:00 p.m.:
Monday, Nov. 19, Mount View High School, Superior, McDowell County.
Monday, Nov. 26, Wyoming East High School, near the intersections of West
Virginia 10 and West Virginia 16 between Pineville and Mullens.
Written comments will be accepted by the DEP through Dec 1. Clearly marked
photos and videotape will be accepted, with the understanding that said
visuals will not be returned. Send them to the Cindy Lawson, Division of
Mining, 10 McJunkin Rd., Nitro, W.Va. 25143. The committee's report is to be
turned in to the Governor by December 31, 2001.
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Legislative Timber Study Committee Meets
Tuesday, November 13th
The joint House-Senate legislative committee studying timber practices will
meet tomorrow (Tuesday, Nov. 13th). Time is 11:00 AM to 1:00 PM, in the
capital East wing, House Gov. Organizations room # 215.
You can attend this meeting to show your support for responsible timber
legislation.
Our lobbyist is also suggesting that you talk to you own legislators to let
them know that you support strong legislation aimed at requiring responsible
logging.
With the leaves gone this is a good time to point out timber jobs that leave
the ground bare and susceptible to erosion and stream sedimentation. It is
also a good time to take pictures of really bad timber jobs to have ready
for legislative hearings or other public meetings.
Frank Young, CORL
e-mail coordinator
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