State Water Control Board Meeting on August 21

The Virginia State Water Control Board’s (SWCB) next regular meeting is scheduled for Tuesday, August 21, beginning at 9:30 am, at the Pocahontas Building, First Floor House Committee Room, 900 East Main Street, Richmond, VA 23219. The tentative meeting agenda includes the following items at the end of the meeting:

  • VII. Mountain Valley Pipeline/Atlantic Coast Pipeline Reports Nationwide Permit 12 Comment Period Update in Response to April 12 Requests from Board
  • VIII. Other Business Future Meetings (September 20 and December 13)
  • IX. Public Forum

A summary of the more than 13,000 comments filed with the Virginia Department of Environmental Quality on the adequacy of the U.S. Army Corps of Engineers’ Nationwide Permit 12 for the ACP supposedly is being prepared by DEQ for the SWCB’s review and supposedly is to be made available to the public. At this writing, the DEQ summary is not yet available, although Wild Virginia and Dominion Pipeline Monitoring Coalition posted a summary on August 15, 2018.  We hope SWCB members have been studying that!  DPMC and Wild Virginia also posted the full set of comments on July 20, 2018, and the full set is finally available on the DEQ Web page.

In the Executive Summary of their summary document, Wild Virginia/DPMC state, “However, we were recently old by a DEQ official that new comments will not be accepted at the Board meeting and that any written comments must have been submitted 10 days before that meeting. This approach is clearly not designed to allow full and effective public participation and the Board should not accept it. DEQ’s failure to issue its summary in a reasonable period of time deprives citizens of any chance to reply, if the 10-day limit is enforced. We’ve been told further that citizens will not have the chance to speak at the upcoming Board meeting about these issues. This differs from the normal case, where the public is given an opportunity to review and comment upon the staff’s response to comments. We believe these decisions negate the principle of transparent and open government and that it is an outrageous approach for public servants to follow. We ask the Board to reject DEQ’s rulings and allow for public comments on August 21.”

A section of the Wild Virginia/DPMC document summarizes major substantive issues that have not been addressed by DEQ, including “crossings not identified in tables; waterbodies characterized incorrectly or incompletely; crossing method not specified; combined impacts from multiple crossings; antidegradation; trout and other sensitive species; impacts on Tier III waters; groundwater threats; variances; direct discharges from “uplands” areas; impacts from horizontal directional drilling and spills; impacts on designated and existing uses; temperature impacts; enforcement and compliance issues; and lack of historical information on effectiveness of Nationwide Permit 12.”

We wonder how the State Water Control Board will review all the comments and address all issues in the designated portion of their meeting.