Toxic Legislation: Selenium at the Legislature; OVEC Appeal to EPA

The coal industry in West Virginia predicted a year in advance that it would not be able to meet the EPAs selenium effluent standards by April 2010. And because DEP Secretary Randy Huffman initially stated that he opposed any extension (a position he was unable to maintain for long), the industry went to its friends in the Legislature for a two-year extension, to last until 2012.

This process began in 2003, and DEP stated that there have been at least two extensions previously. Some of the legislators were curious as to what progress has been made in meeting the limits, but neither industry representatives nor DEP staff could provide any definitive answer to that question.

Selenium is a naturally occurring element, and a certain amount is needed for good health. Studies have shown that selenium has the narrowest margin between nutritional necessity and toxicity of any essential element.

Recent studies in Italy have established links to increased incidence of cancer and neurological problems as a result of excess selenium in water supplies.

Concerns about human health and water quality led OVEC allies in the WV Council of Churches and the Catholic Conference to strongly oppose any extension of the 2010 deadline for compliance.

These groups sent letters to the Legislative leadership and joined OVEC and the WV Environmental Council in efforts to halt the legislation.

At the very least, any request for an extension should have begun with the agency in charge (DEP) and have included a public comment period. DEP promises that all relevant permits will be considered on an individual basis, with opportunity for public input and input by the EPA. We can only hope the EPAs response will be, "Times up."

In May, Derek Teaney, counsel for OVEC, the West Virginia Highlands Conservancy and the Sierra Club wrote a letter to EPA urging the agency to oppose the states new legislation because, "The state bill, SB 461, illegally authorizes the West Virginia Department of Environmental Protection to extend the compliance deadline for meeting selenium water quality standards until July 1, 2012."

On June 2, EPA replied that the agency was reviewing our requests. Stay tuned.