OVEC Action Alert - April 2, 2002

Valley Fill Editorial in the Charleston Gazette

Fools and Fills--keep up the pressure with a National Call-in Day tomorrow!

Coal Trucks—State Call-in Day to Stop More Foolish Behavior.

Wrap-up of Valley Fill Protest at the Corps of Engineers. 

NATIONAL CALL-IN DAY ON VALLEY FILLS: TOMORROW, WED. APRIL 3 Call EPA Administrator Christine Whitman at 202-564-4700 to tell her: "Stop Trying to Fool Us About the Fill Rule!"

Make sure they let you leave a message for the Administrator! (If you can't get through there, you can also leave a message for her with Linda Fisher, Deputy Administrator at 202-564-4711 or try the Office of her Chief of Staff, Eileen McGinnis, at 202-564-6999.)

We decided to have another call-in day because last time the EPA tried to tell us that this rule change would be no big deal. Not so! Please scroll down to BACKGROUND for EPA's contentions and the truth. Thanks to all our friends in national environmental groups for this excellent information.

Please leave Ms. Whitman this message: - The change in the definition of "fill" to allow the Corps to permit industries, like the coal mining industry and others, to dump waste in our waters is significant, not a minor, rule change.

- EPA staff are trying to fool the public into thinking that this is not a big deal, but burying waters under mountains of waste would change a 25-year-old regulation and is contrary to the Clean Water Act.

- Please do not change the definition of "fill" to allow waste dumps to bury waters.

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STATE CALL-IN DAY ON OVERWEIGHT COAL TRUCKS: THURS. APRIL 4 Gov. Bob Wise is about to appoint a nine-member panel to examine the overweight coal truck issue. Please call Gov. Wise at 1-888-438-2731 with this message: --Please continue the stepped-up enforcement of the truck weight limit law and please do not raise the weight limits. --Please appoint three affected coalfield residents to the panel examining the overweight coal truck issue. --Please--no long studies. --Please make certain enforcement officers have access to shipper/receiver logbooks.

WRAP-UP ON APRIL 1—ONLY FOOLS BURY STREAMS! Thanks to all of you for the great turnout yesterday, both at the protest and the post-protest meeting! Here's what Bill McCabe, organizer with Citizens Coal Council said about our valley fill protest at the US Army Corps of engineers:

"You all should be feeling pretty good about now, pretty day, great turnout, and good meeting with new folks involved. And all without an organizer!! Laura would be proud."

Mike Forman introduced our new organizer, Dave Cooper, who starts in May. For photos of yesterday's event check our People in Action Galleries. Photos should be posted by late this evening (April 2).

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BACKGROUND--EPA: STOP TRYING TO FOOL US ABOUT THE FILL RULE! The Bush administration is about to change Clean Water Act rules to allow wastes, especially mountaintop removal coal mining waste, but also hardrock mining waste, construction and demolition debris, and other industrial wastes to bury streams, wetlands, lakes, rivers, ponds and other water bodies around the country. This new rule change would overturn a 25-year old regulation that forbids the use of wastes to fill and bury waters. The Bush administration is saying they will make this change in clean water regulations in April to allow wastes to bury waters.

In an attempt to avoid public criticism of this outrageous assault on the nations waters, EPA officials have been telling the public that this major shift in national clean water policy is really no big deal and wont really threaten the nations waters. Well, the truth is, this is one of the most significant and worst changes in Clean Water Act rules in years and will put virtually all of the nations water at risk.

We need to tell the EPA: Stop trying to fool us about the fill rule!

Here is how EPA is trying to fool us, answered by the truth about the rule change:

1. Fooling? (the lie): The new rule wouldn't really threaten streams, wetlands, lakes, rivers, ponds and other water bodies around the country.

1. FILLING! (the truth): The rule change would affect every water body in the US that is regulated by the federal Clean Water Act. It would allow the US Army Corps of Engineers to issue permits to businesses wanting to dump their solid wastes including coal-mining waste, hardrock mining waste, construction and demolition debris, and other industrial wastes into waters. The only dumping that would not be allowed by the rule change is disposal of municipal solid waste (i.e. regular garbage) in waters.

2. Fooling? (the lie): The new rule wont change the practices of the Corps and EPA it fits with what the agencies have been doing for years.

2. FILLING! (the truth): The Corps has been violating the law for years by allowing mountaintop removal coal mining waste to bury streams. The Corps and EPA should conform their actions to the law rather than changing the law to conform to the agencies illegal behavior. Changing the rules is an attempt to legalize illegal practices by coal mining companies, and will open the door to even more abuses of the Clean Water Act by allowing all kinds of mining and industrial operations to dump their wastes in waters.

3. Fooling? (the lie): The rule change is only being made because the EPA and Corps have different definitions of what can be used as fill material.

3. FILLING! (the truth): The EPA and Corps do have differing definitions of what can be used to fill in waters. But the goal of having the same definition used by both agencies should be accomplished by ensuring that both definitions explicitly exclude the use of wastes to fill our nations waters, not as the Bush administration proposes to weaken the Corps long-standing rules that prohibit waste dumps in waters.

4. Fooling? (the lie): The proposed rule change is being done simply to clarify what constitutes fill material.

4. FILLING! (the truth): The current rules are clear they clearly prohibit the Corps from permitting the dumping of waste into waters of the US. Those rules have been and continue to be violated by the Corp. The proposed rule would do nothing to clarify this situation. Instead, it is an attempt to ratify a practice that is rightfully illegal.

5. Fooling (the lie): Having EPA regulate valley fills instead of the Corps would be difficult or too confusing.

5. FILLING! (the truth): Nothing could be more straightforward. Discharges of pollutants that cannot meet the requirements of the Clean Water Act are prohibited under section 301 of the law. Valley fills and other kinds of waste dumping in waters violate water quality standards and are prohibited by the Clean Water Act. All that EPA needs to do is enforce the law not change it. The real question is does EPA have the backbone to enforce the law and protect the nations waters?

6. Fooling (the lie): Even if the rule is changed, the Corps will not allow all kinds of industrial wastes to fill waters. The Corps will use its discretion to reject applications for permits that will harm waters.

6. FILLING! (the truth): The Corps approves of virtually all applications it receives requesting approval for activities that will fill and destroy wetlands, streams, and other waters. In fact, the Corps currently approves 99.7 % of all Clean Water Act permit applications it receives for any fill activity (i.e. they only reject three applications out of every 1000 they receive.) The Corps does not reject permits for dumping waste in waters even though they lack the authority to issue such permits and are doing so illegally. Already the Corps has issued permits for filling in over 1000 miles of streams in Appalachia and argues that this has only a minimal harmful effect on the environment! It is hardly likely that the Corps will deny many applications from coal companies or other waste-dumping industries if the rules are changed to give the Corps permission to issue permits for waste dumping.

For more information visit this website. 

Tips for calling (especially if this is your first time participating in a call-in campaign):

1) Be polite, our objective is not to harass the folks who answer the phones but to get our message across to Administrator Whitman.

2) Tell them your name and where you are from.

3) Leave a short message, use the one above or your own.

4) Ask that your message be given to Administrator Whitman.

Thanks for taking a minute to make a call to EPA in order to protect the streams, rivers, wetlands and coastal areas you care about. It is easy, fun and -- most of all -- EFFECTIVE!

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