Advocating in Charleston and Washington, D.C.

WV Rivers is the only statewide organization focused on water policy and protecting public lands headwaters. In our state capital, this work involves intensive science and policy analysis, working to shape legislation and regulations, and collaborating on enforcement. In our nation’s capital it includes advocating sound water policy, ensuring federal funding for safe water programs and public lands in West Virginia, and defending our systems of public lands.

2019 Water Policy

The 2019 West Virginia legislative session began on January 9 and ended on March 9. Throughout the session, your voice and actions will made the difference for the health of our water, environment, and state.

Policy Priorities

Water Quality Standards – SB 163

We support the adoption of all EPA-recommended human health criteria to West Virginia’s water quality standards. Every three years West Virginia’s water quality standards undergo a revision called the Triennial Review. It is supposed to be a straight forward and transparent process, involving public input every step of the way. But this year a last minute amendment pushed by industrial polluters bypassed the public comment process and made its way into the rule legislators will vote on. Learn more here.

The amendment removes updates to the portion of our water quality standards that set limits on the toxins most harmful to human health. These limits, known as human health criteria, are currently based science conducted prior to 1985. In 2015, EPA recommended that West Virginia update its human health criteria to reflect better, more recent science. WVDEP proposed some of these updates in their rule, but legislative committee removed them at the request of the WV Manufacturers Association. View our fact sheet on the amendment and how it puts our health at risk here.

Updates

The WVDEP rules bundle which includes water quality standards, passed the House of Delegates without updates to human health protections in our water quality standards. Read more herehere, and here.

Delegate Evan Hansen along with 10 co-sponsors proposed an amendment to restore the updated protections. During debate over the amendment, Delegate Barbara Fleischauer referenced the overwhelming support of citizens to update our water quality standards, asking “is anyone listening to the people of West Virginia?” Ultimately, the amendment was voted down. See how your delegates voted here.

Prior to the floor vote three delegates, Delegates Evan HansenMike Pushkin, and Larry Rowe made impassioned appeals for updated protections. Delegate Hansen in his speech urged house members to support Concurrent Resolution 39, which would create a bipartisan Joint Select Committee to further study water quality standards.

Although SB 163 has passed the West Virginia Legislature without updated human health protections, thanks to you this bill received a lot of attention.

The bill includes a timeline for further public input and a new proposal for revisions between now and April 2020. We’ll be involved every step of the way, making sure the information considered is factual, balanced, and science-based – and that the public interests, not just industry interests, are represented.

Tracking Water Policy

Throughout the 2019 session we focused our efforts on bills with water quality implications. Below you’ll find the status of each bill we tracked and brief analysis on those that were adopted by the Legislature.

Passed

HB2612 – Proposing rules related to the completion or updating of source water protection plans. We hope the staggered schedule of submission of updates of these plans will help facilitate more public input, meaningful review by agencies, and result in stronger plans.

SB163 – Authorizing DEP promulgate legislative rules, including the water quality standards rule. Requires DEP to continue a public input process through October 2019, and submit proposed revisions to water quality standards by April 2020 for public comment.

SB675 – Requiring DEP create and implement Adopt-A-Stream Program. Creates an Adopt-A-Stream program similar to Adopt-A-Highway, but without dedicated funding.

SB404 – Relating generally to sediment control during commercial timber harvesting operations, including increasing the threshold for the exemption for logger licensing requirements, and updating training requirements.

SB676 – Relating to off-road vehicle recreation. Provisions that would have allowed off-roading on trails in public lands were removed.

Died in Committee

SB534 – Collecting additional information for cancer and tumor registry.

HB2334 – Establishing an industrial water extraction fee.

HB2337 – Assessing the health impact of any new, or modification to, rule proposed by the Secretary of the Department of Environmental Protection.

HB2073 – Implementing the recommendations of the studies required by the Natural Gas and Horizontal Well Control Act.

SB665 – Allowing for expedited oil and gas permitting.

Resolutions

SCR39 – Requesting creation of Joint Select Committee on Requirements Governing Water Quality Standards

Did not pass.

HJR25 – Natural Resources and the Public Estate Amendment – Right to a clean environment

Did not pass.

HR11 – Recognizing the importance of the Atlantic Coast Pipeline

Passed the House on 3/7. See WV Rivers message to legislators regarding this resolution here.

Past Water Policy Priorities

2018 Legislative Session

2018 Water Policy

The 2018 legislative session closed on Saturday, March 10. Below you’ll find an update on each of the bills we worked on over the session.

We killed a number of bills that were harmful to water quality and were able to secure improvements to others. You can watch executive director, Angie Rosser, on West Virginia Public Broadcasting’s The Legislature Today discuss some of the bills we prioritized this session here.

Tracking water policy:

SB270: The state parks logging bill. After five weeks of intensive grassroots organizing, our efforts culminated in over 18,000 messages being sent to the governor and legislators opposing the bill, and SB270 died in committee. Read about the monumental victory here.

SB410: This bill would have established a new position, the Industry Advocate, within the WV Department of Environmental Protection. It died in committee.

HB2909:  This bill would have abolished the office of the environmental advocate within WVDEP. It died in committee.

SB438: This is a good bill that would authorize the issuance of bonds to fund improvements at state parks. It has been signed into law.

SB626: This bill is generally related to coal mining. In its original form it weakened the public notice process for surface mine permits and deleted a large section of the Water Pollution Control Act. Based on WV Rivers recommendations, the House amended SB626 restoring public notice by publication. Water quality certifications and mitigation requirements for surface mines will be governed by rule. It pass both chambers of the legislature. Read more about our SB626 concerns here.

SB290: This bill makes changes to water quality standards and pollution limits. The original bill was replaced by an improved substitute thanks to WV Rivers efforts. It has been passed by the full legislature. The hard work on this bill is still ahead of us. In the coming months, SB290 will undergo rule-making. Stay tuned, we’re going to need your help! See our analysis on SB290 in a previous edition of Policy News here.

HB4154: The “2018 Regulatory Reform Act” expedites the approval of certain industrial projects in a way that leaves the public out of the process. It passed out of the House but die in the Senate Government Organization Committee.

2018 editions of Water Policy News

Week 1 2018: Policy Updates and How You Can Act

Week 2 2018: 2 New Bad Bills for Water, Logging Bill Advances

Week 3 2018: Improvements to Bad Water Bills, WVDEP Office of Environmental Advocate Under Attack

Week 4 2018: Recommendations to Protect Public Drink Water and Logging Bill Stalls

Week 5 2018: Logging Bill Update, Surface Mining Bill Introduced, Tracking Water

Week 6 2018: Mining Bill Limits Public Voices, Water Policy on WV Public Broadcasting, Tracking Water

Week 7 2018: SB270 Dead, Bill to Fund State Parks, Public Notice Restored to Coal Bill

2018 Legislative Session Wrap-up

2017 West Virginia Water Policy

2017 West Virginia Water Policy

HB 2506 – Changing design flow and allowing for overlapping mixing zones. We opposed HB 2506 that would allow more toxins and cancer-causing chemicals into our drinking water supplies. HB2506 Fact Sheet.

Revisions to Water Quality Standards. We support protective water quality standards that protect our right to use and enjoy clean water. SB687 Fact Sheet.

Aluminum and Selenium

The WV Legislature approved revisions to water quality standards that would allow more toxic Aluminum and Selenium pollution in our rivers and streams. Before the revisions go into effect, they must be approved by the EPA. The Selenium revision was approved by EPA in June 2016. Approval or disapproval by EPA of the Aluminum revision is still pending.The EPA’s  concerns about these changes are reflected in their February 23, 2016 letter to WVDEP available EPA Comments on WV Se and Al 2-23-16.

State Water Quality Standards

Aluminum and Selenium

Comments on Proposed Revisions to 47CSR2

Triennial Review of State Water Quality Standards

We participated in regular meetings of the WVDEP Water Quality Standards Program and commenting on their triennial review of the state standards. Five revisions were being proposed – a summary can be found here – however WVDEP withdrew the rule before it would go to the 2017 legislative approval process.

Triennial Review Recommendations 2017

Triennial Review Fact Sheet 2017

Triennial Review Comments

Aboveground Storage Tank Act

We support oversight of aboveground storage tanks to adequately protect water resources. In 2017, HB 2811 exempts 2,300 oil and gas tanks from the Aboveground Storage Tank Act, yet maintains their requirements to register, label and provide notice to public water systems. In 2016, the Legislature passed the Aboveground Storage Tank Act rule:

Aboveground Storage Tank Fact Sheet

Aboveground Storage Tank Comments

Proposed Rules Governing Horizontal Well Development

We support strong regulation of “fracking” and its waste to adequately protect water resources. In 2016, we opposed a dangerous bill that would change permitting processes, SB 565, did not pass. We also monitored SB 601 that dealt with regulation of drilling waste landfills. We are participating in major proposed pipeline projects to minimize impacts to water quality and quantity.

Horizontal Well Development comments

Federal Water Policy

Federal Water Policy

EPA/Army Corps of Engineers Clean Water Rule

We support the clarification of headwater streams and wetlands are under the jurisdiction of the federal Clean Water Act.

Clean Water Rule Fact Sheet

EPA WOTUS Fact Sheet

OSMRE Stream Protection Rule

We support stronger protections of streams threatened by mining impacts.

Office of Surface Mining Comments

Publications

Visit our Publications page to read or download guides to getting involved in your community and in policy.

Print Friendly, PDF & Email