Selenium Slugfest: DEP Seems to Think Heavy Metals Are Good For You

by Cindy Rank, West Virginia Highlands Conservancy Mining Chair

In November 2006, OVEC and WV Highlands Conservancy, represented by the Appalachian Center, sent notices of intent to sue to Hobet (now Magnum) and Catenary Coal companies over violations of selenium limits that are part of their water discharge (NPDES) permits.

Why? Selenium is a toxic mineral that builds up in living organisms when levels in the water are elevated. The potential effects of excess selenium on aquatic life are severe and include reproductive failure, birth defects, damage to gills and internal organs, and ocular disease.

In humans, while selenium is an essential nutrient at low levels, it can be extremely toxic at higher levels causing hair and fingernail loss, damage to kidneys and liver and damage to nervous and circulatory systems.

Selenium wasn’t publicly known to be a problem at mountaintop removal mine sites until studies published in the 2002 Environmental Impact Statement identified several streams located below valley fills as selenium hot spots. Streams below Catenary Samples mine in the Coal River watershed and the Mud River below the nearly 20 square mile Hobet 21 mountaintop removal operation were among those hot spots.

Once the problem was identified, and with the insistent prodding of folks like Margaret Janes (Appalachian Center), selenium limits are now part of some 123 NPDES permits.

Over 30 new permits for mining in selenium prone areas were given limits at the time they were approved. Some 90 older permits were also given selenium limits, but were provided compliance schedules that allowed the companies extra time (usually 3 years) to develop plans and to begin to meet these new limits.

In November, we challenged Hobet when it failed to meet its permit limits and Catenary when it failed to comply with its compliance schedule. The Notices gave the companies 60 days to clean up their acts or face Citizen Suit lawsuits over the ongoing violations.

In a bit of an end run, WVDEP has decided to take action itself – essentially taking it out of our hands and into state court.

In addition, as of January DEP is extending even further the grace period for all companies to submit plans and to meet the selenium limits in their water discharge permits.

Bottom line: mining continues, streams continue to be filled, and watersheds like the Mud River continue to receive ever-increasing amounts of selenium.