Following Kentucky's lead, the West Virginia Legislature is considering a bill (HB 2579) that would weaken state water quality standards for selenium, a toxic pollutant often discharged from mountaintop removal mining operations.
A note in the bill says, "The purpose of this bill is to protect state waters by creating an implementation plan to establish state specific selenium criteria."
That's simply untrue. The new criteria would severely weaken standards, protecting not state waters or the life they support, but the coal industry and its profits.
Selenium pollution is extraordinarily expensive to treat. How expensive? Actions Appalachian Mountain Advocates brought against Patriot Coal resulted in $440 million in selenium cleanup liabilities.
Always remember this: If the Legislature helps the coal industry successfully evade these costs, the liability will almost certainly end up on the taxpayers.
The bill's authors hang the proposed change on the flimsiest of rationales: "The Legislature finds that [the U.S. Environmental Protection Agency] has been contemplating a revision to the federally recommended criteria for several years but has yet to issue a revised standard."
Therefore, the bill declares, the DEP should deal with the resulting "uncertainty" about whether the current standard is applicable by implementing its own standards.
But there is no uncertainty. The EPA under President George W. Bush proposed a change in 2004, but withdrew it after a multitude of critics eviscerated the proposal as unsupported by the science. If anything, the science suggests current standards should be more restrictive, not less.
There is no current proposal on the record to revise federal criteria for selenium, only persistent rumors. Any change eventually proposed would undergo significant scrutiny.