WV environmentalists laud agreement with EPA for more oversight in some state waters

West Virginia environmentalists said in a statement last month said they were frustrated by the United States Environmental Protection Agency's lack of compliance with the Clean Drinking Water Act. (Getty Images)

Environmental groups in West Virginia celebrated a “landmark victory” as they reached an agreement with the federal Environmental Protection Agency regarding historic failures to set acceptable levels for certain pollutants in some West Virginia waterways.

The proposed consent decree was published in the Federal Register on March 29, and would require the EPA to create Total Maximum Daily Loads for 11 streams affecting about 100,000 people in the state by January 2025. The proposed consent decree followed a lawsuit filed last month by the Sierra Club, the West Virginia Highlands Conservancy and the West Virginia Rivers Coalition against the EPA.

Residents have until April 29 to comment on the proposed consent decree through the Federal Register. As of Friday afternoon, one comment had been submitted for the case.

The agreement came after years of advocacy by West Virginia environmentalists, who in a statement last month said they were frustrated by the lack of compliance with the Clean Drinking Water Act.

“For far too long, West Virginia has failed to meet its obligations to protect our waters from coal mining pollution, willfully allowing the health of thousands of stream miles to continue to decline,” said Autumn Crowe, interim executive director for the Rivers Coalition, in a statement. “We are encouraged that this agreement will finally begin to get our damaged streams the help they deserve.”

In their filed case, the environmental groups allege that several streams in the Lower Guyandotte River Watershed — affecting residents in Cabell, Kanawha, Lincoln, Logan, Boone, Putnam and Mason counties — are disproportionately affected by ionic toxicity in the water. Despite this, the EPA has missed deadlines and failed to impose TMDLs for pollutants common in coal mining communities for the waterways, the groups allege.

TMDLs are the maximum level of pollutants that are acceptable in waterways. By setting limits, the pollution that enters water could be lessened, leading to healthier environments for animals and aquatic life as well as increasing drinking water quality.

The environmental groups say the pollutants in these areas of the state’s watersheds are almost certainly tied to mining activities.

“This is a monumental step forward in our ongoing fight to protect West Virginia’s precious wildlife and natural resources,” said Sierra Club West Virginia Chapter Director Honey May in a statement last month. “By holding the coal industry accountable and ensuring the development of TMDLs, we are safeguarding the habitat of countless aquatic species and preserving the ecological integrity of our streams. And that means that generations of West Virginians can continue to enjoy fishing, swimming, and other recreation, while also protecting drinking water sources.”

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