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This is going to be a really hard one for the science-driven Obama EPA to ignore. They just announced new air quality standards in line with most recent smog science, now how will the EPA react to established water quality threats from mountain top removal?
What's wrong with this picture - a person is poisoned and the manufacturer doesn't have to tell medical personnel what it was? And worse, the manufacturer doesn't think they have an ethical obligation?
Last year, a Colorado nurse fell seriously ill after treating a worker involved at a chemical spill at a gas-drilling site. The man, who later recovered, appeared at a Durango hospital complaining of dizziness and nausea. His work boots were damp; he reeked of chemicals, the nurse said.
Two days later, the nurse, Cathy Behr, was fighting for her life. Her liver was failing and her lungs were filling with fluid. Behr said her doctors diagnosed chemical poisoning and called the manufacturer, Weatherford International, to find out what she might have been exposed to.
Weatherford provided safety information, including hazards, for the chemical, known as ZetaFlow. But because ZetaFlow has confidential status, the information did not include all of its ingredients.
Mark Stanley, group vice president for Weatherford's pumping and chemical services, said in a statement that the company made public all the information legally required.
"It is always in our company's best interest to provide information to the best of our ability," he said.
Behr said the full ingredient list should be released. "I'd really like to know what went wrong," said Behr, 57, who recovered but said she still has respiratory problems. "As citizens in a democracy, we ought to know what's happening around us."
from this much longer WaPo article on secret chemicals.
The Legislature should be looking at forcing disclosure of drilling (and other) chemicals until the EPA gets its act together on this. As a bare minimum, full disclosure should be required in at least acute exposure situations like this and any release into ground or surface water.
- Speaking at Massey's Christmas extravaganza Saturday, Don Blankenship got into the holiday spirit by referring to Senator Byrd as "naive" and said EPA stand for 'Equal Poverty for All."
-Steve Roberts of the West Virginia Chamber of Commerce can't understand why our senators think it's "beyond foolish" to hold health care reform hostage for the coal barons.
This just in EPA chief Lisa Jackson is explaining in an unprecedented news conference that GHG's are manmade and should and will be regulated by EPA. Great news!
DEP Secretary Randy Huffman says he is frustrated by the Environmental Protection Agency stepping on his agency's toes.
EPA officials were in Charleston last week. The EPA is raising concerns about several mountaintop removal permits, including two in West Virginia, but Huffman says all mining-related activities are already heavily regulated by the DEP.
"We are the environmental regulators here in West Virginia," he said. "We are the ones on the front line here. We are the ones responsible for protecting the environment. We have a very rigorous and robust regulatory program that is basically being challenged.
[snip]
Huffman says the sticking point is that the EPA believes that creating valley fills-the practice where the tops of the mountains are removed and put into a nearby valley-contribute to stream degradation. But Huffman says valley fills are essential to mountaintop removal, as well as the state's economy.
"Mainly what we're concerned about as regulators is the ability to develop land after mining," he said. "You need valley fills if you're going to have a viable post mining economy. You need flat land. And in order to have flat land you need to have valley fills, and one of our biggest concerns is that EPA is wanting to reduce the size and number of valley fills in Appalachia."
The EPA has avoided making any kind of blanket declarations on mountaintop removal, and has said only that future permits will be closely scrutinized.
Groups Charge that Mountaintop Removal Coal Mining Disproportionately Impacts Low-Income Americans
Petition Seeks Greater Attention to Environmental Justice Considerations in Review of Mining Permits
Washington, D.C.: Today a coalition of Appalachian residents and community organizations submitted a petition to the Environmental Protection Agency (EPA) citing the need for the agency to address the environmental justice tragedy of mountaintop removal mining in Appalachia. The petition urges EPA to incorporate environmental justice considerations into its review of pending applications for mountaintop removal coal mining permits, among other actions. The petition outlines how EPA has the responsibility under Executive Order 12898 to address the environmental justice impacts of mountaintop removal mining, and has the authority under the Clean Water Act, the Clean Air Act, the National Environmental Policy Act, and other laws, to do so.
"The worst polluters have always targeted the communities least able to resist their abuses and protect their homes and families," said Vernon Haltom of Coal River Mountain Watch. "In Appalachia, coal companies are oppressing residents while they suck the wealth out of communities."
On September 30, 2009, EPA announced that it is undertaking a coordinated review of 79 applications for mountaintop removal mining permits in conjunction with the U.S. Army Corps of Engineers. Today's petition asserts that these, and all future applications for mountaintop removal coal mining permits, should be scrutinized by EPA to identify and address any disparate impacts the proposed mining may have on vulnerable, economically disadvantaged communities. The petition also asks EPA to create an environmental justice plan and strategy for the region, and to ensure a meaningful opportunity for public participation by the Appalachian coalfield communities in each individual permit review and in EPA's overall permit review process.
"The people of the Appalachian coal fields are among the nation's poorest. Many of us struggle with persistent poverty and sub-standard housing. To impose the impacts of coal on our already vulnerable population is an environmental justice issue that our nation has conveniently ignored for too long. We are forced to live with the ravaged landscape, polluted air, flooding and contaminated water. Clean water is a basic human right and it's been taken from us," said Teri Blanton of Kentuckians for the Commonwealth.
"The Appalachian people have long suffered unduly for the sacrifices we have made to fuel this nation and its progress," said Kathy Selvage of Southern Appalachian Mountain Stewards. "I believe if the EPA folks visited in the Appalachian region for awhile, they would find themselves standing in the West Wing advocating for an end to mountaintop removal coal mining immediately to help us save our ancient mountains and the place we call home."
View the petition, filed by groups including: Coal River Mountain Watch, Kentuckians For The Commonwealth (KFTC), Ohio Valley Environmental Coalition (OVEC), Sierra Club's Environmental Justice and Community Partnerships Program, Southern Appalachian Mountain Stewards (SAMS), Statewide Organizing for Community eMpowerment (SOCM), and the Appalachian Center for the Economy and the Environment.
"The communities of Appalachia have suffered appalling damage from mountaintop removal mining because of the remoteness of the region and the poverty of the people living here. It is past time to acknowledge the horrendous impacts of all forms of mountaintop removal mining on the people of Appalachia. Our communities have struggled long enough. We need action now," said Cathie Bird, coalfield resident and member of Statewide Organizing for Community eMpowerment
"We urge the EPA to scrutinize all mountaintop removal mining permits through the lens of environmental justice," said Janet Keating, Executive Director of the Ohio Valley Environmental Coalition, based in Huntington, WV. "People living with mountaintop removal are paying too high of a price for the nation's so-called 'cheap' energy, including damage to their health and the contamination of their water."
Due to its vital charge under Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," the EPA must take immediate steps to recognize and address the environmental justice effects of mountaintop removal mining, a destructive practice that is occurring at a high and destructive rate and only in the economically disadvantaged communities of Appalachia. The disproportionate environmental destruction from mountaintop removal clearly falls within the purview of the Executive Order.
"The environmental justice claims in this petition are not an afterthought," said Leslie Fields, Sierra Club's National Environmental Justice and Community Partnerships Director. "Proper review of permits will only occur when the EPA abides by the environmental justice executive order and all other applicable laws. The affected communities in Appalachia deserve no less than full compliance and enforcement by the EPA."
When the Environmental Protection Agency declared this year on September 11 that all pending mountaintop removal mining permits in four Appalachian states stood in violation of the Clean Water Act and required further review, Lora Webb didn't have time to join in any celebrations. As she and her husband, Steve, a coal miner, packed up their possessions and left his family's ancestral property outside Lindytown, West Virginia, Lora was more concerned about finding a place to sleep that night.
This post co-written by Mary Anne Hitt, Deputy Director of the Sierra Club's Beyond Coal Campaign
Very big news out of the Environmental Protection Agency (EPA) this morning - the agency has determined that all 79 mountaintop removal mining permits submitted to them for review by the Army Corps of Engineers would violate the Clean Water Act. After eight long years of rubber-stamp permits being issued during the Bush Administration, this is one of the most dramatic and encouraging actions yet by the Obama Administration, and marks a welcome return of the rule of law to the coalfields of Appalachia.
Mountaintop removal - a devastating form of coal mining that involves blowing up mountains and dumping the former mountaintops into neighboring valleys, burying streams - is governed by a patchwork of laws and federal agencies. Permits to bury streams with mining waste are initially issued by the Army Corps of Engineers, but EPA has ultimate oversight and may veto Corps-issued permits if they fail to comply with the Clean Water Act.
ROCKEFELLER FIGHTS FOR WEST VIRGINIA SURFACE MINING
Rockefeller challenges the EPA for requesting the Army Corps of Engineers to revoke a West Virginia surface mining permit
Washington, D.C.-Senator Jay Rockefeller pressed Environmental Protection Agency (EPA) Administrator Lisa Jackson on the EPA's request to suspend or revoke the already approved surface mining permit for the Spruce Number 1 Mine in Logan County. Senator Rockefeller sent a copy of the letter to President Obama, including a personal note emphasizing its importance.
"Retroactively reviewing lawfully issued permits is an affront to the West Virginia coal industry which is trying to play by the rules. It is fundamentally unfair to change the rules for a permit issued over two years ago and this letter raises serious questions about the EPA's approach," said Senator Rockefeller.
"I am a long time supporter of surface mining operations when done in accordance with the law. Surface mining is vital to the economy of southern West Virginia and our nation's electricity needs and it certainly can be carried out in a way that addresses environmental impacts. We must not lose sight of the fact that coal meets half of our nation's electricity needs and powers millions of American homes and businesses and will for decades into the future. For generations, coal has given the American people the highest standard of living in the world and today much of it comes from rigorously reviewed and safely-run operations in West Virginia. Calling previously approved permits into question needlessly threatens not only the economic stability of many West Virginia communities, but also our nation's energy security."
* The Spruce Number 1 Mine permit was reviewed by the Corps of Engineers for nearly ten years before being approved in January 2007, and has been active for over two years.
* To satisfy initial EPA concerns, the final permit reduced the acreage of the permit by 835 acres or 27 percent and excess spoil by 150 million cubic yards, a 57 percent decrease.
* EPA Region III sent a letter on September 3, 2009 to the Army Corps of Engineers, asking the Corps to reevaluate the Spruce 1 Mine permit.
* The Spruce Mine Permit is not a pending application to be considered as part of the Memorandum of Understanding (MOU) that the Corps of Engineers entered into with the EPA (as well as the Department of Interior) in June 2009.
* Reopening a permit over two years after it was lawfully issued creates an unacceptable level uncertainty for all previously issued permits, a result completely contrary to the goals of the MOU.
I received an email response to my recent diary on "What I'd like to know about W.Va. DEP." Here's a paraphrased version of their email. I pass it along as an anonymous unverified tip.
The Office of Legal Services (OLS) will have only 4 attorneys left after one of the attorneys retires at the end of July. As recently as 1-2 years ago, there was a staff of 10 attorneys in that department. The Chief of the OLS has asked to replace positions as people leave, but has not been given permission. People who have been there a while say this office was even bigger (15? attorneys) in the past.
Also, three of the seven spots on the Surface Mine Board are vacant (two from June retirements). Gov. Manchin was not announced any plans for filling these spots yet.
I certainly welcome clarification from the W.Va. DEP if any of this information is inaccurate.
I've heard several times in passing that the West Virginia Department of Environmental Protection is far from fully staffed. I'd like to know, is this true?
How many unfilled positions are there at the W.Va. DEP? What is the history of unfilled positions in the department?
The more I learn about Secretary Randy Huffman's DEP, the more I can see why some people suggest turning over its operation to the Federal Environmental Protection Agency.
The EPA visited the Coal River Valley to meet with the coal industry yesterday morning when activists from Climate Ground Zero unveiled a large banner that said "EPA stop MTR" at Massey Energy's Edwight mountaintop removal mine. Five people were arrested and work ceased on the site for the day as Massey searched fruitlessly for additional protesters. The banner was up for two hours was visible from the highway.
You can find a full report from activist on the scene at Climate Ground Zero (including a picture of the banner).
Ken Ward, Jr. has more details on the legal fights around protests, including the implications of two journalists being arrested in: Protests against Massey continue ...
The really amazing part is the reason why the permit is denied (emphasis mine):
In a move that signals the start of the our clean energy future, the Environmental Protection Agency's Environmental Appeals Board (EAB) ruled today EPA had no valid reason for refusing to limit from new coal-fired power plants the carbon dioxide emissions that cause global warming. The decision means that all new and proposed coal plants nationwide must go back and address their carbon dioxide emissions.
"Today's decision opens the way for meaningful action to fight global warming and is a major step in bringing about a clean energy economy," said Joanne Spalding, Sierra Club Senior Attorney who argued the case. "This is one more sign that we must begin repowering, refueling and rebuilding America."
"The EAB rejected every Bush Administration excuse for failing to regulate the largest source of greenhouse gases in the United States. This decision gives the Obama Administration a clean slate to begin building our clean energy economy for the 21st century," continued Spalding
The decision follows a 2007 Supreme Court ruling recognizing carbon dioxide, the principle source of global warming, is a pollutant under the federal Clean Air Act.
Now there will be more pressure than ever from King Coal interests to fund their requests for technology development for so-called clean coal. Here are three things to keep in mind.
1. There is no proven technology for large scale carbon sequestration.
2. Mining coal is environmentally damaging, and, with current practices, a social and economic disaster for coal-mining communities as well.
3. Even with proposed clean coal technology, burning coal creates tons of toxic waste, with huge disposal problems.
Let's put it this way, if "clean coal" was a wonderful thing, would King Coal need to spend millions of dollars promoting it?
This is a piece of news I almost hate to report for fear of jinxing it. Just how huge would it be to have someone already well-informed about Mountaintop Removal appointed as head of the Environmental Protection Agency?
President-elect Barack Obama is looking at possibly appointing Robert F. Kennedy Jr. to head the Environmental Protection Agency, according to sources familiar with the process, though he is eying several other prominent environmentalists as well.
Kennedy founded and now chairs the Waterkeeper Alliance, which promotes water quality in the U.S. and abroad, while simultaneously serving as an attorney at the Natural Resources Defense Council and a professor at Pace University School of Law.
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DEP Secretary Randy Huffman says he is frustrated by the Environmental Protection Agency stepping on his agency's toes.
