Friday 25 May 2018

Can you imagine what our recent torrential thunderstorms are doing to the exposed terrain and rivers and streams along the paths of the Atlantic Coast Pipeline (ACP) and the Mountain Valley Pipeline (MVP)? (See photo on the right of huge mudslide at a Mountain Valley Pipeline construction site in Franklin County.)This is yet another example of why these fracked gas pipeline projects should not be rushed and why we can't rely on the U.S. Army Corps of Engineers Nationwide Permit 12 (NWP 12) to ensure our waterways are protected. It's up to Virginia to step up in this process, and the way to do this is by requiring a stream-by-stream review of the Atlantic Coast and Mountain Valley pipelines.

The Virginia State Water Control Board opened a new 30-day public comment period that ends May 30th to hear citizens’ input on where the nationwide permit falls short in upholding state water quality standards and where stream-by-stream reviews are needed for the Atlantic Coast and Mountain Valley pipelines.

Tell the State Water Control Board to protect Virginia waters. We should not use a federal “blanket” permit to allow pipeline construction!  The Nationwide Permit 12 is inappropriate for projects of this size, and our state Department of Environmental Quality should be analyzing the likely impacts at each water crossing instead.

Remember, YOU are the expert on the water resources that you use in your area. If you are downstream from either pipeline’s path, your use of waters is likely to be impacted. Simply tell the Board where and how you use these waters.

See below for instructions on how to submit your comments and what to include in them. 

  • All written comments submitted must include the name(s), mailing address(es), and telephone number(s) of the person(s) commenting.
  • All written comments submitted must reference exact wetlands and streams crossings using information — such as latitude/longitude or road mile markers — that is detailed enough to allow DEQ to identify the crossing or wetland of interest.
  • Comments may be submitted in the following ways:

By email (MVP) — This email address is being protected from spambots. You need JavaScript enabled to view it.

By email (ACP) — This email address is being protected from spambots. You need JavaScript enabled to view it.

By mail — DEQ, P.O. Box 1105, Richmond, VA 23218

By hand delivery — DEQ, 1111 East Main Street, Richmond, VA 23219

CLICK HERE to send a comment right now!

Written comments must be received by 11:59 PM on May 30, 2018.

Our partners at Wild Virginia crafted a guide to help write comments to ensure they meet the State Water Control Board’s criteria. Our friends at Augusta County Alliance have also listed some examples below where the NWP 12 falls short and ways you can equip the State Water Control Board to advocate for better protections for our streams or wetlands:

NWP 12 does not consider cumulative impacts to water quality where there are multiple crossings along the same stream and its tributaries.

Without doing individual stream crossing reviews, the total threat to our water supply is not understood. For example, all of Staunton’s water comes either Gardner Spring or the reservoir in the National Forest, both located in the county and both downstream of intense pipeline construction. Since the Atlantic Coast Pipeline project began, city officials have been asking for individual wetland and stream crossing reviews in order to protect the city’s water supplies.

The proposed permit does not carefully examine on a case-by-case basis the unique characteristics of our special places. That is why our comments are so important. They need to hear what you and your neighbors know about the streams and wetlands that surround you — their special aquatic life, wildlife, recreational uses, and other features. Just don’t forget to mention your stream by name.

Without detailed review and research of our headwaters, there is no way for the pipeline developers and regulators to know what our frequent hurricane deluges do to the river bottoms and stream banks where the pipe is proposed to be buried. If you have information or pictures of what happens to a specific crossing during flood conditions, let the State Water Control Board know. An exposed and fractured pipe is an environmental and safety concern.

Use the form below to send a comment now!

The Waterkeepers and Riverkeepers in our coalition are vigilantly working to make the waters of the Chesapeake and Coastal Bays swimmable and fishable. Together, the Waterkeepers Chesapeake network patrols thousands of miles of tributaries and shorelines throughout the Chesapeake and Coastal Bays, and are at the forefront of water quality related enforcement and advocacy efforts in Virginia, Maryland and Pennsylvania. Earlier this month we shared our legislative victories in Maryland. Here’s what you need to know about the 2018 Virginia and Pennsylvania (so far) legislative sessions.

In Virginia, from January to March this year the James Riverkeeper and others worked hard to protect oyster sanctuaries across the state. Fortunately, they were successful in defeating a bill which would have placed these invaluable sanctuaries at risk (for the second year in a row!). Next week, Virginia will be considering its state budget - with a proposal from Governor McAuliffe that supports the Virginia Land Conservation Foundation, Virginia Outdoors Foundation and Environmental Education. There are also multiple proposals from the Senate, like $20 million for the Stormwater Local Assistance Fund and funding for oyster restoration and replenishment, that we are supportive of. Find out more about the Virginia’s budget proposals here.

sea 1775385 1920

 

Potomac Riverkeeper joined James Riverkeeper to address the threats associated with coal ash in the Virginia legislature. They successfully advocated for the passage of Senate Bill 807, which prevents the Virginia Department from Environmental Quality (DEQ) from issuing any new coal ash solid waste permits at Dominion until July 1, 2019. This will not prevent DEQ from issuing permits from the closure of ponds that coal ash has been moved out of. The bill also requires a report by December 2018 that reviews the amount of recyclable coal ash at each coal ash pond, the costs associated with recycling, and the market demand for recycled ash.

Another bill Waterkeepers Chesapeake was closely watching - Senate Bill 950 - was signed by the Governor at the end of March. This bill requires DEQ to conduct a Clean Water Act Section 401 Water Quality Certification, or additional reviews and analysis of potential water quality impacts, of any new pipeline (larger than 36 inches in diameter) within one year of receiving an application for construction. This bill will bring Virginia in line with federal court rulings that a state must ‘use or lose’ its Clean Water Act authority to conduct additional reviews on major infrastructure projects within a year of receiving a permit application.

power plant 2411932 1920

In Pennsylvania, the legislative session will run through the end of June - so there’s still a fighting chance on a few environmental policies! We’ve seen a few victories in the Senate, with the passage of the sunset of the Recycling Fund and a fix to the Sewage Facilities Act. We’ve also seen a few losses, like House Bill 1959, which passed in the House and would create a new third party permit review bureaucracy at Pennsylvania’s Department of Environmental Protection. This bill represents yet another attempt to give potentially biased third parties the power to direct DEP to issue permits for projects that cause environmental harm. If you live in Pennsylvania, make sure to contact your state representative and voice your opposition for this bill!

Another bill moving through the Pennsylvania legislature - Senate Bill 792 - has our full support as it would provide comprehensive licensing, registration and labeling for toxic fertilizers in the state. Overwhelmingly passing in the Senate, this bill addresses concerns of growing stormwater pollution from urban and suburban sectors and aims to reduce the environmental impacts from fertilizers that impair the Chesapeake Bay. This is another important bill to contact your house representative on!

As more environmental and water quality bills move through the Pennsylvania legislature, we’ll keep you updated on their status. To stay up to date on all of Waterkeepers Chesapeake work, sign up for emails and action alerts here.

Maryland’s 2018 Legislative Session Wrap-Up Featured

With the 2018 Maryland Session coming to a close earlier this month, we’d like to let you know about the important legislative victories we achieved along with some of the policies we may revisit in 2019. Over the past few months, Waterkeepers Chesapeake partnered with Maryland waterkeepers and other environmental organizations in the General Assembly to increase public access to government records, increase public participation at the Public Service Commission (PSC), prevent the use of harmful chemicals, decrease the amount of foam in local waterways, and close loopholes under current law that enable the net loss of forests in Maryland -- to name a few.

 

Legislative Victories

Thanks to the work of Fair Farms and others, we were able to secure funding for the Maryland Farms and Families program.The Maryland General Assembly included $200,000 in the final budget for this program that matches purchases made by low-income Marylanders using federal nutrition assistance like SNAP (food stamps) at participating farmers markets. While the Governor still needs to allocate the funds for this program -- you can ask him to do so here -- we are now one step closer to having Maryland fund a successful program that directly supports small farmers, food-insecure Marylanders, and our local economy.

This past session the General Assembly also legalized hemp production in Maryland. Hemp has a number of benefits for our environment, provides a new income stream for farmers, diversifies our state’s agricultural system, and may bring new jobs and opportunities to Maryland. You can find out more about the benefits of this beneficial crop in this educational report from the Abell Foundation.

South Riverkeeper, ShoreRivers, Clean Water Action, and other partners were able to secure the passage of legislation that incentivizes the development of Septic Stewardship Plans in localities. The Plans incorporate best management practices and will allow the Maryland Department of the Environment (MDE) to more readily identify failing septic systems across the state. This policy is on the way to be signed by the Governor and once it’s implemented, we’ll have less nitrogen in our waterways across the state.

Another legislative win includes the passage of the Complete Streets Program, which provides grants to local jurisdictions to update their roads to include retrofits for bicyclists and green stormwater infrastructure, among other improvements. This program aims to reduce stormwater runoff, promote healthy communities, and improve the safety of Marylanders. A big thank you to Delegate Brooke Lierman for sponsoring this legislation.

This session we also supported the work of Assateague Coastkeeper and others to establish strict liability for any future offshore drilling activities in Maryland. With three proposed lease areas for drilling off the coast in Maryland under a new program from the Bureau of Ocean Energy Management, this bill acts a stopgap measure to prevent and discourage any drilling from taking place by establishing offshore drilling as an “ultrahazardous and abnormally dangerous activity” - meaning that any company that drills will be held liable for any damage or injury to a person or property due to any activities associated with drilling, regardless of the circumstances. It is our hope that this bill and other efforts will ultimately make offshore drilling in Maryland not viable.

Maryland

Issues to Revisit in 2019

Improved Public Participation and Notification at the Public Service Commission

A suite of bills we promoted would have modernized the public notification process at the Public Service Commission (PSC) and would have built health considerations into the review process. For instance, House Bill 715 would have required public notice via multiple forms of print and social media, and the opportunity to opt-in to direct text messaging for major projects, like power plants, going through the PSC. While this bill had strong grassroots support and educational messaging, unfortunately this bill did not make it out of the House Economic Matters Committee due to inaction from House Leadership. Over the interim, we plan to ramp up education around these much needed issues and work with Delegate Robynn Lewis, the Maryland Environmental Health Network, and others to garner support from key legislator champions.

Public Access to Records

According to the Maryland Department of Agriculture, Nutrient Management Plans (NMPs) “protect Maryland’s waterways from nutrient pollution... [and] ensure that nutrients [and manure] applied to crops and lawns are not impacting waterways." While the Maryland legislature intended to make NMP summaries and associated cost-share documents available to the public, the high costs and large amount of redactions to this information has virtually rendered it inaccessible. House Bill 1221 sought to address this problem, while still protecting the identity of the NMP holder - simply bringing NMPs in line with other information that’s available through Public Information Act. While this bill ultimately failed in the House Environment and Transportation Committee, we plan to work with Environmental Integrity Project and other partners over the interim to obtain fair access to this information.

More Forests, Cleaner Waterways

Conserving forest acreage is vital for clean water as forests act as one of nature's best water filters and reduce runoff. The Forest Conservation Act would have closed loopholes that enable the net loss of Maryland's priority forests due to development. While this bill was turned into a Task Force bill, and then ultimately died in the Senate, we believe the issue will be ripe for further discussion in 2019.

Safer Communities

House Bill 116 and Senate Bill 500 would have prevented the use of chlorpyrifos--a toxic, nerve agent pesticide--in the state of Maryland. Despite having a preponderance of credible science that links chlorpyrifos with brain damage in children and support for the bill from thousands of Marylanders, special interests were able to kill the bill quietly in the Senate. We’ll continue our work in ensuring safe and clean waterways from harmful chemicals and pesticides, like chlorpyrifos, and revisit this issue in 2019.

Less Foam in Local Waterways

House Bill 538 and Senate Bill 651 would have lessened the amount of disposable foam products in our local streams and rivers by reducing the amount of foam used for food services. Foam breaks into tiny pieces that absorb 10 times more pesticides, fertilizers, and chemicals than other kinds of plastic. This increases toxin exposure to our marine life and threatens local waterways and drinking water sources alike. While Senate Bill 651 was voted out of the Senate Education, Health, and Environmental Affairs Committee, it ultimately failed on the Senate Floor.

Community Healthy Air Act

House Bill 26 and Senate Bill 133, otherwise known as the Community Healthy Air Act, would have required a one-time study of air emissions from industrial livestock farms to see if there may be health impacts on neighboring communities.While this bill simply sought science and and basic information to ensure the safety of Marylanders living in areas overburdened with farming operations, the Community Healthy Air Act did not move out of committee. By working on this bill, legislators and their staff were able to learn about this important issue and hear directly from citizens concerned about their health.

These past few months had a few challenges and unexpected surprises, and while we wish all of our priority bills had passed, we are feeling incredibly inspired and hopeful to make progress on our issues moving forward.

monochrome 3279668 1920