{"id":4599,"date":"2019-02-04T16:28:04","date_gmt":"2019-02-04T22:28:04","guid":{"rendered":"http:\/\/valleywatch.net\/?p=4599"},"modified":"2019-02-05T14:39:29","modified_gmt":"2019-02-05T20:39:29","slug":"at-a-crossroads-ohio-river-agency-weighs-dueling-proposals-on-role-2","status":"publish","type":"post","link":"http:\/\/valleywatch.net\/?p=4599","title":{"rendered":"At a crossroads, Ohio River agency weighs dueling proposals on role"},"content":{"rendered":"

February 4, 2019 – by Keith Schneider for Energy News Network<\/a><\/strong><\/h4>\n

An industry-backed effort aims to end ORSANCO\u2019s role in setting and enforcing pollution standards.<\/i><\/strong><\/h4>\n

In the course of his decorated career in environmental law, Tom FitzGerald tamed the scourge of Kentucky\u2019s renegade strip miners, prodded state regulators to protect groundwater from reckless underground mining practices, and kept some of the state\u2019s wild rivers safe from oil and gas drilling. In these and the dozens of other cases he either won or significantly influenced as director of the tiny nonprofit Kentucky Resources Council, the 64-year-old lawyer served the public interest principally as an outsider.<\/p>\n

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Tom FitzGerald addresses crowd at a Louisville Forecastle Festival. Photo: BlairPhotoEVV<\/p><\/div>\n

In 2014, though, President Barack Obama made FitzGerald an insider by appointing him to the governing board of the Ohio River Valley Water Sanitation Commission, more commonly known as ORSANCO. Today, FitzGerald is at the epicenter of a fierce industry-led struggle meant to end one of ORSANCO\u2019s core missions \u2014 setting and enforcing safety limits on biological and toxic pollutants spilling into the river.<\/p>\n

Since its establishment in 1948, the multi-state environmental agency has played an outsized role in improving water quality and ecology on America\u2019s most important industrial river. Founded by an act of Congress and an interstate compact signed by the eight states of the 204,000-square-mile Ohio River Basin, ORSANCO has served as an innovator of policies and practices to reduce biological and toxic chemical discharges to the river. It developed and implemented so-called \u201cpollution control standards\u201d compelling cities and towns to stop dumping raw sewage into the Ohio River. It did the same for cleaning up chemical and toxic effluents from coal-fired power plants, refineries, and metals manufacturers along the river.<\/p>\n

ORSANCO\u2019s safety standards have been adopted by the six states that border the river, and incorporated by several states as requirements in discharge permits. It is widely credited for its big role in significantly improving water quality and ecological conditions along the river, which 5 million people depend upon for their drinking water.<\/p>\n

The push to fundamentally change ORSANCO\u2019s role is supported by some board members. But FitzGerald has fought back with a separate proposal that would maintain the pollution control standards and expand the agency\u2019s work to help reduce biological and toxic chemical pollution. This month the full commission meets to weigh the competing measures.<\/p>\n

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Keith Schneider \/ Energy News Network<\/p>\n

In 2014, utilities successfully challenged an ORSANCO water discharge safety limit for the J.M. Stuart coal-fired power plant in Adams County, Ohio. It was the first time an ORSANCO standard was nullified by a state environmental review board, and set off alarms and a review of the agency\u2019s standard-setting program. The 2,318-megawatt power station closed in May 2018.<\/p>\n<\/div>\n

In regulation as in investment, previous achievements are no indicator of future success. Executives of coal-fired utilities and major manufacturers that operate along the river, and water quality managers in West Virginia and several other states, have been chafing for years at ORSANCO\u2019s role in setting safety standards. One ORSANCO standard, adopted by Ohio and Pennsylvania in 2003, was particularly galling to industry. It barred \u201cmixing zones\u201d for PCBs, mercury, and other toxic chemicals \u2014 the practice of allowing industries to dilute pollutants in the river\u2019s current to comply with water quality limits.<\/p>\n

On June 18, 2014, an environmental appeals board in Ohio provided an opening to challenge ORSANCO\u2019s standard-setting. The board sided with six big coal-fired utilities and formally rejected an ORSANCO human health safety standard included in a state discharge permit for a large coal-fired power plant in Adams County. Dayton Power and Light, the plant\u2019s owner, and the five other utilities argued that the ORSANCO standard, which set a limit on the temperature of cooling water discharged into the river, was unlawful. They successfully argued that Ohio had never formally adopted the standard as a regulation.<\/p>\n

The Ohio ruling, the first time an ORSANCO standard had been rejected by a state, set off alarms in the agency. It also provided the opportunity for utilities and their supporters on the ORSANCO commission to ask probing questions about the usefulness of the agency\u2019s standard-setting program.<\/p>\n

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Tom Easterly was appointed by the Governor Mitch Daniels as Commissioner of IDEM. He claimed at the time that under him, the Agency would be considered “an economic development agency.”\u00a0<\/p><\/div>\n

In December 2014, Thomas Easterly, the head of Indiana\u2019s Department of Environmental Management and the ORSANCO chairman, formed a subcommittee to review how the agency\u2019s water quality standards are embraced and implemented by states. FitzGerald was named as one of the nine members.<\/p>\n