Experts submit reports; more than 10,000 signatures from citizens delivered
MONTEREY, Va. – A group of thirteen expert scientists and engineers submitted reports to the Virginia Department of Environmental Quality (DEQ) on August 22, finding that the DEQ has failed in its duty to properly analyze and protect against the water quality damages the Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP) would cause to Virginia’s waters.
If approved, the two 42-inch pipelines will traverse through hundreds of miles of Virginia. The ACP would originate in northern West Virginia before ending roughly 600 miles later in southeastern North Carolina. The MVP would also originate in northern West Virginia, traverse hundreds of miles through that state before crossing into Virginia, will it will terminate. The adverse impact upon public health and the environment by the construction and operation of the pipelines has led the tens of thousands of groups and individuals across the Commonwealth and beyond to oppose their construction.
In the reports, one issued for each of the pipelines, the authors wrote that they had reviewed the information DEQ claimed to rely upon in its draft Water Quality Certifications (WQCs) and made their own independent assessments. The experts’ conclusion in each case:
DEQ’s draft WQC, which asserts that there is a “reasonable assurance” that Water Quality Standards (WQS) will be met with the conditions contained in that draft, cannot be supported by the evidence in the record and pertinent scientific authorities and knowledge. Such a finding in the Department’s recommendation to the State Water Control Board (SWCB) would be professionally incompetent and would fail to meet minimum standards of scientific proof.
The authors of the expert report have a vast depth of experience and training (nearly 400 years in professional and academic posts overall) in the entire range of scientific and technical fields pertinent to DEQ’s decisions on the pipelines. They include the incoming president of the American Fisheries Society, a member of the Virginia Cave Board, and former senior engineers and scientists at the Virginia DEQ, the Virginia Department of Transportation, and the Maryland Department of the Environment. The group includes licensed professional engineers and geologists, professors from Virginia Tech and Washington and Lee University, authors of hundreds of peer-reviewed academic papers, and those who’ve served as expert witnesses in court for DEQ and other state and federal agencies. A complete list of the authors is included below.
“The authors of this report used strong language in our criticism of the proposed findings DEQ has made in its draft Certifications for the pipelines, because we are frankly dismayed to see an agency that’s supposed to base regulatory decisions on science and law ignore the facts and betray the public,” said David Sligh, Conservation Director of Wild Virginia and a Regulatory Systems Investigator for the Dominion Pipeline Monitoring Coalition (DPMC). The two groups included the expert reports as part of extensive submittals to DEQ during the comment periods that ended yesterday.
Rick Webb, DPMC’s Coordinator said, “We are not criticizing the dedicated technical employees at DEQ and the other state agencies who’ve studied the potential impacts from the hugely-disruptive projects. In fact, we cited the recommendations agency staff made in previous comments in which they explained why much more data and analyses were needed before protection of state waters could be assured, as the law requires; that permanent damages to our waterbodies could result and residents’ wells and springs ruined without additional information and protective measures.”
“What we are criticizing is the McAuliffe administration’s regulatory proposals, which ignore the concerns and devalue the expertise of their own technical staff,” stated Sligh. “DEQ must not proceed with flawed and scientifically-unsupported recommendations to the State Water Control Board to approve Certifications for either project. If Director Paylor, Secretary of Natural Resources Ward, and the Governor mandate such an approach, then the members of the Water Control Board must play their roles as protectors of the public and reject those recommendations.”
The reports’ authors include: Dr. Paul L. Angermeier, Ralph Bolgiano, Malcolm CameronHE, David Collins, P.E., Ari Daniels, Dr. Pam Dodds, P.G., Dr. David Harbor, Robert K. Johnson, Rick Lambert, William Limpert, Dr. Brian Murphy, David Sligh and Rick Webb. For more information, including access to the complete expert report on the ACP and additional DPMC reports on the draft 401 Water Quality Certification, visit the DPMC website.
10,000 Comments Delivered to DEQ by Environmental Groups
Also on Tuesday, experts, landowners, and environmental groups from across the Commonwealth gathered at DEQ headquarters in Richmond to deliver thousands of public comments related to DEQ’s 401 water certification process.
The comments, collected by the Sierra Club, Chesapeake Climate Action Network, Appalachian Voices, Bold Alliance, Blue Ridge Environmental Defense League, and Oil Change International urged the DEQ to do more in order to meet the agency’s obligations to protect Virginia’s water sources from natural gas pipeline construction and operations.
“DEQ’s draft Certification is legally and scientifically indefensible,” David Sligh, former Senior Engineer at Virginia’s DEQ, said. “The processes DEQ has conducted have been unfair and inadequate to satisfy the Governor’s promises of thorough and transparent regulatory reviews. The State Water Control Board cannot certify these projects unless it can assure that all state water quality standards will be met. A rigorous scientific analysis would prove such a conclusion is impossible.”
The public comments urge Governor McAuliffe and DEQ Director David Paylor to direct the DEQ to extend the public comment period for these projects and to conduct site-specific reviews and permits for each waterway crossed by both of these pipelines. The DEQ has originally announced to the public that it would undergo site-specific reviews for these pipelines in April, but announced in June that they that the agency would instead opt to rely on the Army Corps of Engineers’ blanket permitting process.
“The Corps’ process is woefully inadequate to protect our water,” Bill Limpert, a property owner in Bath County whose property would be traversed by the Atlantic Coast Pipeline, said. “We looked at the Corps’ map of our property and we have two streams that are not even present on that map. How are they supposed to protect our waterways if they don’t even know where they are?”
Courtesy submissions
Appalachian Chronicle On Facebook
On Twitter: @appchronicle
Related Articles on the Fossil Fuel Extraction Industry
A Dirty Dozen Reasons to Oppose Fracking
ACP Would Require Extensive Mountaintop Removal
An Open Letter to W.Va. Governor Justice and DEP Secretary Caperton
As West Virginia Legislature Convenes, Root Cause of Elk River Spill Remains, Say Researchers
Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study
Breaking Ground, Breaking Hearts
Catholic Committee of Appalachia Issues Statement on Applying Pope Francis’ Ecological Encyclical
Catholic Group Critical of Don Blankenship Trial Outcome
Citing Medical Studies, Activists Call for an End to Mountaintop Removal Permits
Citizen Groups Organizing in Response to Fracking
Citizen Groups to Unite for Water Justice in West Virginia and Beyond
Clarksburg Newspaper Editorial an Affront to West Virginians
Clarksburg Newspaper’s Independence in Doubt
Dominion is a Bully, not a Community Builder
Ecological Groups Take on West Virginia AG over Clean Power Plan
Environmental Groups Target WVDEP over Mountaintop Removal Permitting
Environmental Scientists, Activist Applaud Mountain Valley Pipeline Ruling
EQT Letter Characterized as Misleading and Bullying
Factual Reporting is not Always Balanced
Federal and State Agencies Targeted for Lax Oversight of Mountaintop Removal
FERC Independence Challenged by Nonprofits
Fracking Forum a Time to Learn, Unify and Act
Fracking Poses Threats to Public Health, Say Experts
From ‘Almost Heaven’ to ‘Almost Hell’
Groups Work to Bring the Public Voice into Gas Pipeline Projects
Have We Learned Anything from Buffalo Creek?
Health and Well-Being of Residents Being Subordinated to Fracking Industry
Inaugural West Virginia Solar Congress Scheduled
Incompetence and Complacency Increase Dangers from Fracking
Industrial Hemp Offers Hope to Appalachia’s Farmers and Environment
Jim Justice Mining Operation Endangers Public Health and Ecology, Says Scientific Center
Jury in Pennsylvania Fracking Case Sees Clear Value in Lives and Property
Lewis County Resident Issues a Plea: Wake up West Virginia
Monongah Tragedy Still Looms Large
Mountain Party of West Virginia Offers Response to Governor’s ‘State of the State’ Address
Mountaintop Removal Semantics Debate Gives Ammunition to Energy Industry
Natural Gas Industry Moves from the Absurd to the Profane
Natural Gas Pipelines, the Drumbeats of War and Our Sense of Entitlement
OVEC Publishes Newspaper to Reach 29,000 West Virginians
Pipeline Proposal Raises Questions that Beg for Answers
Pipeline Monitoring Group: FERC Not Doing Job on ACP
Poor Emergency Planning in West Virginia Puts Citizens at Risk
Pope Francis Addressing the Root Cause of Climate Chaos
Pope Francis Gives Hope to Appalachia’s People
Proposed ‘New” Route for Atlantic Coast Pipeline no Better than One Rejected, Say Opponents
Provisions of W.Va. Storage Tank Law Undermine its Stated Intent
Putting Liberation Theology to Practice in Appalachia
Recent Coal Mining Deaths are Acts of Greed, Not ‘Acts of God’
Seeking Dominion over His Own Land
Unity the Theme at ‘Preserving Sacred Appalachia’ Conference
Victim in Fracking Truck Accident had Warned Commissioners of Roadway Dangers
Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations
West Virginia: The Rodney Dangerfield of the USA
West Virginia Catholic Diocese Challenged to Reject Coal’s ‘Dirty Money’
West Virginia Church Earns Award for Solar Energy Use
West Virginia Couple Models Renewable Energy
West Virginia Pipeline Project Cited for Numerous Violations
West Virginia Residents in Heart of Fracking Field Join in National Action
West Virginia Workers under Attack in Charleston
West Virginians and Pennsylvanians Standing in Solidarity Against Natural Gas Industry
West Virginia’s History Rooted in Conflict
West Virginia’s Top Story in 2015: People and Land under Assault