Groups Ask EPA To Take NPDES Authority From West Virginia

A petition has been filed by Joe Lovett on behalf of the Sierra Club, Coal River Mountain Watch, West Virginia Highlands Conservancy and the Ohio Valley Environmental Coalition to take back the NPDES program from the West Virginia DEP. If granted, National Pollutant Discharge Elimination System (NPDES) permits would be issued by EPA staff at Region 3 in Philadelphia.

The petition cites a number of alleged instances of failure to comply with the Clean Water Act. Most of the instances cited by the petitioners pertain to mining, but there are also references to industrial and municipal permits.

The NPDES program is authorized by the federal government, but states generally implement the program after demonstrating to the EPA that they have the resources to issue permits. West Virginia has had authority to operate the program since about 1982.

In my experience, these petitions are not usually successful. While I am sure that Region 3 under the Obama administration would love to choke off mountaintop mining, and this would be a good way to do it, I can't imagine that they want to take over the entire NPDES program, with all the work that would entail.

Here is Ken Ward's blog on the subject, and an article by Tim Huber of AP that ran in the Gazette.