To: Governor Northam

From: Advisory Council on Environmental Justice

Re: Environmental Justice Review of Virginia’s Gas Infrastructure
Date: August 16, 2018

Dear Governor Northam:

The Advisory Council on Environmental Justice (ACEJ) was established to provide advice
and recommendations to the Governor to improve equity in decision-making and improve
public health in marginalized communities, among other goals listed in Executive Order 73
(EO 73) from October of 2017. 1 We appreciate the opportunity to communicate our first
formal set of environmental justice concerns to the Executive Branch since our inauguration
six months ago. Investigating and evaluating the proposed MVP and ACP pipeline and its’
associated infrastructure has raised a myriad of issues (legal, scientific, technical,
environmental, cultural, political, economic and social justice) that challenge our complete
comprehension and integration. Consequently, we vigorously recommend the Governor use
this situation as an opportunity to engage and encourage our state agencies to collaborate
proactively to educate themselves and the public on the complex links and impacts of fossil
fuel use on human health and quality of life. These links are many, both historic and current
and the potential future impacts are likely to be felt most severely by our poor, minority and
marginalized communities and community members. The people who have to live with the
consequences of a decision should get to make that decision or at least have meaningful
involvement in the decision-making process.

Historically the term environmental justice has meant ensuring that vulnerable populations
including low income and/or minority populations are not disproportionately affected by
environmental exposures that have known adverse effects. The Environmental Protection
Agency defines environmental justice as the fair treatment and meaningful involvement of all
people regardless of race, color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and policies. The term
has its roots in Civil Rights law, specifically Title VI of the 1964 Civil Rights Act, which
prohibits discrimination on the basis of race, color, and national origin in programs and
activities receiving federal financial assistance. For states like Virginia with significant
diversity, it is necessary to examine the use of state-level policy mechanisms, such as eminent
domain, to ensure their use does not result in discriminatory acts against its citizens.

The Council’s examination of evidence submitted from the Union Hill in Buckingham
County community has revealed to us that this community, like many others within the state,

1
The duties of the Governor’s Advisory Council are to provide advice and recommendations to the Executive
Branch on the following: Integrating environmental justice considerations throughout the Commonwealth’s
programs, regulations, policies, and procedures; 2. Improving the environment and public health in communities
disproportionately burdened by environmental pollution and risks; 3. Ensuring transparent, authentic, and
equitable engagement in decision-making, building capacity in disproportionately burdened communities, and
promoting collaborative problem-solving for issues involving environmental justice; 4. Strengthening
partnerships on environmental justice among governmental agencies, including Federal, State, Tribal, and local
governments; 5. Enhancing research and assessment approaches related to environmental justice; 6. Receiving
comments, concerns, and recommendations from individuals throughout the Commonwealth; and 7. Developing
resources and strategies to provide and disseminate information to the public. See
https://www.naturalresources.virginia.gov/media/governorvirginiagov/secretary-of-natural-resources/pdf/eo-73-
establishment-of-an-advisory-council-on-environmental-justice.pdf.

1
has a significant population fitting the environmental justice criteria. Many of Buckingham’s
residents, because of their race or color, have been the historical recipients of unequal
treatment, for which the above-listed Executive Order was signed to serve as a remedy.
Therefore, we encourage that these recommendations (and others that may be directed to the
Governor from this Commission in the future) be viewed through this lens so that the state of
Virginia can ensure policies, programs and practices will not have unintended consequences
that harm citizens who have a history of disenfranchisement. Additionally, the Council
recognizes the lack of bottom up participation and consultation among Virginia’s Indigenous
Peoples regarding “Free, Prior, and Informed Consent” (FPIC), as defined in the United
Nation’s Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. 2
In order to move Virginia forward ensuring its place as a leader in environmental justice,
addressing the global climate crisis, and building a 21st Century clean energy economy we
recommend that the governor direct state permitting agencies to prioritize renewable energy
solutions, and quickly transition away from fossil fuels. The Governor's Advisory Council on
Environmental Justice (ACEJ) recommends that the 401 Clean Water Act certifications for
the Atlantic Coast Pipeline (ACP) and the Mountain Valley Pipeline (MVP) be rescinded
immediately. Likewise ACEJ recommends that the Governor direct DEQ to suspend the
permitting decision for the air permit for the Buckingham compressor station pending further
review of the station’s impacts on the heath and the lives of those living in close proximity.
We also recommend that a review of permitting policies and procedures take place and that
the governor direct the Air Pollution Control Board, DEQ, and DMME to stay all further
permits for ACP and MVP.to ensure that predominately poor, indigenous, brown and/or
black communities do not bear an unequal burden of environmental pollutants and life-
altering disruptions. These actions would ensure that environmental justice has meaningful
influence in all current and future energy projects.
Our concerns fall into seven areas:
1) Residents of Buckingham have provided comment to the Council that raise questions
about the need for the pipeline given decreasing domestic demand
2) The Council recommends that if there is a change in demand that renewables be
prioritized over natural gas.
3) Residents have provided comment to the Council about the potential for civil rights
violations.
4) Union Hill Compressor Station in Buckingham County (ACP CS-2) may have a
disproportionate impact on this predominately African American community and
could be perceived as exhibiting racism in siting, zoning, and permitting decisions and
public health risk;
5) Federal and state review of assessments of risk for cultural and historical resources as
a result of the Mountain Valley Pipeline (MVP) and the Atlantic Coast Pipeline
(ACP) are incomplete;
6) The Council has concluded that federal and state reviews of water quality risks from
the MVP and the ACP have not adequately assessed potential impacts for vulnerable
populations; and

2
US support of UNDRIP was announced in 2010.
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf.

2
 7) Methane from gas infrastructure has the potential to contribute significantly to climate
change at a time when Virginian’s climate impacts are increasing clear and contribute
to vulnerability and inequality.

TOPIC ONE: CONCERNS OVER CIVIL AND HUMAN RIGHTS VIOLATIONS

Energy development is possible without infringement of civil rights and human rights. 3 It is
our hope that our current energy systems will take into account vulnerable and marginalized
communities who may be impacted by developments and that this will be influence when
production, processing, and transportation projects are undertaken. Specific civil rights
concerns for Union Hill (Buckingham County), in Native American territories, and in rural
counties along the pipeline path, are discussed in detail in subsequent sections below.
A controversial aspect of pipeline construction in Virginia involves interpretation of public
good for property takings under eminent domain. There is considerable activity in local, state
and federal courts and examination of current policies appears necessary and should involve
public input.
In counties with pipeline surveying and pre-construction, many property owners assert their
property rights are violated and they are mistreated during forced entry. There are a growing
evidence of stressful and sometimes traumatic encounters in recorded videos, photographs,
and other documentation. There is also a lack of certainty about landowner rights, since
eminent domain taking is negatively viewed by most landowners. Stress is amplified by
concerns over property value and the potential for a negative impact on public health.
Homeowners who may feel that their quality of life has been negatively impacted may be
unable to find a buyer, if they wish to leave.
Recommendations:
1) We recommend that the Governor’s office examine the role of state agencies to ensure
that policies with the potential to negatively impact vulnerable communities take the
health of those residents into consideration as policies are considered for implementation.

TOPIC TWO: PUBLIC HEALTH CONCERNS WITH COMPRESSOR STATIONS

AND RACISM IN THE SITING DECISION FOR ACP CS-2 IN UNION HILL
ACP construction requires three compressor stations: one is located within Virginia and the
other two are located near to the state’s border. MVP construction has the potential to
contribute additional emissions to the existing Transco Pipeline Zone 5 Compressor Station
165 in Pittsylvania County, Virginia.

3
Sovacool, B.K. and Dworkin, M.H. 2015. Energy justice: Conceptual insights and practical
applications. Applied Energy. 142: 435-444.

3
The Council would like to highlight the potential for disproportionate impact for this
community of Buckingham. For federal permitting, ACP used countywide statistics of 29.1
people per mile. We are informed by the community that nearly all the 99 households living
within two miles of CS-2 were not taken into account within the FERC application. The
majority (85%) of these households are African American, which is also much higher than
the county average reported in the federal application. We believe these citizen concerns are
warranted. Table 1 demonstrates annual releases from the proposed >53,000 horsepower
compressor station, which would receive gas not only from the ACP, but also from the
William’s Transcontinental (Transco) Pipeline and its feeder lines. These emission levels are
based on information available in the 2015 permit application and 2017 supplement. At the
ACEJ meeting on May 30, 2018, we were informed of a new air permit application for ACP
CS-2 for which the details were recently made available at:
https://www.deq.virginia.gov/Programs/Air/BuckinghamCompressorStationAirPermit.aspx a.
Impacted populations will need sufficient time to consider technical applications. During the
30-day comment period, if abundant public health concerns about emissions arise, the state
should consider a delay in providing permits until an independent review can take places.
Table 1: Proposed Annual Releases from CS-2
Pollutant Annual Air Public Health Implications of Pollutants
Releases (https://www.epa.gov/criteria-air-pollutants)
Requested in
the 2018 Air
Permit
Application
Nitrogen Oxides (NOX) 43.4 tons Inflammation of the airways, decreased lung function,
increased risk of respiratory conditions, and increased
response to allergens.
Carbon monoxide (CO) 51.6 tons Vital organs, such as the brain, nervous tissues and the
heart, do not receive enough oxygen to work properly;
people have trouble concentrating, lose coordination,
and feel tired.
Volatile Organic Compounds 7.69 tons VOCs can irritate the eyes, nose and throat, can cause
(VOCs) difficulty breathing and nausea, and can damage the
central nervous system as well as other organs.
Particulate Matter (PM) 43.2 tons Exposure to PM can lead to premature mortality,
aggravation of respiratory and cardiovascular disease,
decreased lung function growth, exacerbation of
allergic symptoms, etc.
Sulphur Dioxide (SOX) 8.30 tons Exposure to SO2 can harm the human respiratory
system and make breathing difficult; SO2 contributes
to acid rain.
Carbon dioxide equivalent 295,686 tons Contribute to climate change with related health
(CO2e) impacts, such as increases in distribution and/or
intensity of mosquitoes and ticks, allergens, natural
disasters, etc.
Methane 70.9 tons Methane is a potent greenhouse gas; methane gas
exposure can cause headaches, dizziness, weakness,
nausea, vomiting, and loss of coordination.
Hazardous Air Pollutants 5.3 tons More than 30 HAPs (e.g., arsenic, benzene, toluene,
(HAPs) xylene, etc.) would be released from the proposed
compressor station. The levels of formaldehyde and
hexane are significant. Formaldehyde: irritation of the
skin, eyes, nose, and throat. High levels of exposure
may cause some types of cancers. Hexane: dermatitis

4
 and irritation of the eyes and throat occur with acute
and ongoing exposure

State decisions for infrastructure with significant social and ecological risks, like compressor
stations, should not be made hastily, particularly in places like Union Hill where the everyday
experiences of residents are shaped by historical experience of racial injustice for a
population whose ancestry is rooted in slavery.
During public testimony provided by Buckingham residents, the potential benefits to
landowners of the compressor station site when contrasted with potential property value
losses for the Freeman Community of Union Hill presents a stark contrast. The slave
cemetery on the former Variety Shade Plantation lacks official protection as a historical site.
Yet residents regard it as such and received formal recognition in 2016 by Preservation
Virginia, a nonprofit who has specialized in Virginian historical preservation for more than a
century. In 2017, Union Hill initiated a process for state recognition by filing paperwork with
the Department of Historic Resources.
In rural counties in the path of the ACP and MVP pipelines, there is widespread concern that
residents shoulder disproportionate risks because of their rural residency. For example, MVP
selected to not add the chemical odorant (Mercaptan) as an emergency alert to nearby citizens
if a leak occurs, a common precaution in urban areas. Rural populations may not benefit from
the pipeline gas, so the absence of protections similar to those provided to urban residents
seems unfair given the lack of benefits to balance the potential harms.

Specific examples below go further to suggest discrimination against rural populations based
on low population density. For example, the planned width of the pipeline walls is thinner
than what would be used if the pipes were located in urban areas. The number of cut-off
values is reduced to cut construction costs, sending a message that rural lives value less.

Federal standards allow emergency responsibility to be placed with the Buckingham First
Responders. Since this area is zoned for agricultural and residential use, the compressor
required a Special Use Permit. Buckingham County First Responders are inadequately
prepared for industrial explosions, leaks, and fires. As proposed, a brief training financed by
the ACP with an annual refresher may not adequately assure safety.

Alarmingly, monitoring of CS-2 will occur remotely from West Virginia with on-site
supervision only during week days for the first year. Control of the station with highly
pressurized and toxic materials will occur by Wi-Fi tower transmission, in spite of the
potential for disruption by storms and other hazards. Less risky fiber-optic cables are more
reliable. With these cost-savings measures that do not employ existing technology, it seems
inaccurate to define the CS-2 as ‘using Best Available Technology’ as suggested by the
owner and operator during permit applications.
Recommendations:

1) We recommend that the Governor encourage state agencies complete comprehensive

social, ecological, and comprehensive health impact assessment for CS-2 based on local

5
 demographic context. 4 We also recommend that testing occur to assure CS-2 noise levels
no higher than 55 decibels (daytime) and 40 decibels (night) and explore protocols to
limit the number of blowdowns of CS-2 in addition even further (currently ~10 per year)
in addition to adding silencers.
2) DEQ’s comprehensive Air Dispersion Models for the three ACP compressor stations and
for emission increases to Pittsylvania Compressor station due to the MVP should include
acute emissions in addition to annual averages. Annual averages can mask short term
exposures that may be high enough to have an adverse impact on human health. We
recommend that emission information be shared with the impacted community in a public
forum with opportunities to ask questions.
3) We recommend that the Governor encourage state agencies to work with ACP to
complete a Quantitative Risk Assessment (QRA) for CS-2 to protect the health and well-
being of local populations and to examine emergency response plans for deficiencies.
4) We recommend that the Virginia Department of Health train a current staff member or
hire an existing expert to build capacity and knowledge within the state about the
potential health impacts of gas infrastructure.

TOPIC THREE: MARGINALIZED GROUPS AND CULTURAL RESOURCES

Federal cultural resource assessments for the ACP and the MVP have not adequately
incorporated African American and Native American histories. There are important historical
sites along the routes of the pipelines that have not received protected or landmark status.
Native American tribes in the state of Virginia are increasingly recognized on state and
federal levels. On January 29, 2018, there was long overdue federal recognition of the
Chickahominy, Eastern Chickahominy, Upper Mattaponi, Rappahannock, Nansemond, and
Monacan Nations. ACP and MVP consultation with tribes was woefully inadequate during
FERC permitting, particularly since federal recognition occurred after FERC approval. State
agencies have an opportunity to fill this regulatory gap before issuing permits. Tribal leaders
at a federal level have communicated a preference to consult with government intermediaries
rather than negotiate directly with energy companies. 5 Tribes may not want to share locations
of cultural resources, such as burial grounds and spiritual sites.
The MVP cultural resource plan was incomplete, and the risks are high. In Virginia, the MVP
identified 138 pre-historic and historic sites within a mile and 97 within 0.5 mile. There are 8
sites of an unknown time period, suggesting these have not been adequately studied. The 97
sites within a half mile of the project had not been evaluated for their potential to be eligible
to the National Registry of Historic Places (NRHP) before MVP made their cultural resource
plan in 2015. MVP noted there were “cemeteries, many not mapped, related to Native
Americans, enslaved African Americans, and Euroamericans (including possible Civil War-
era burials) that may be in the path of the Project.” 6

4
For example, Dr. Lakshmi Fjord, an Anthropologist at the University of Virginia, has collected household data
in the 2-mile blast radius of CS-2.
5
Lovells, H. 2017. The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural
Resources Investigations for Natural Gas Projects: A Summary of the Tribal Engagement Provisions
https://www.jdsupra.com/legalnews/the-federal-energy-regulatory-82749/.
6
Mountain Valley Pipeline. 2015. Resource Report 4: Cultural Resources.

6
The ACP will uncover Native American settlements or artifacts during construction across
hundreds of miles on the lands and along rivers of Powhatan, Monacan, Meherrin, Tuscarora,
Nottoway, Cheroenhaka, Nansemond, Lumbee and other nations. 7 ACP’s scattershot
dispersal technique to share project information covered mostly non-impacted groups in
states other than Virginia. ACP received input from a small number of groups, perhaps due to
inadequate consultation techniques relying largely on two form letters and a singular multi-
tribe information sessional.
The ACP Pipeline and Compressor Station Two (CS-2) are in the immediate vicinity of slave
cemeteries, historical school and churches at the Freedman settlement in Union Hill in
Buckingham County. The ACP has not undertaken required Section 106, Historic
Preservation Act cultural resource reports for the former Slave/Freedmen community of
Union Hill. The ACP does not recognize Union Hill’s historical importance and current
Freedmen descendant population.
The ACP intersects 140 acres of the Great Dismal Swamp (GDS) (National Wildlife Refuge).
ACP is a site of ecological diversity and an important historical area. In the early 1600s,
Native Americans fleeing the colonial frontier took refuge in what would become GDS.
Details about Native American sites in this area remain incomplete. GDS was a survival
oasis, a “thriving refuge” for escaped slaves. 8 In 2003, the Underground Railroad Network to
Freedom Program established a refuge to commemorate the importance of the Great Dismal
Swamp as an escape route and place of safety for former slaves. There are active
archeological sites in portions of the GDS. Thousands of artifacts have been uncovered, but
many areas remain without analysis. 9
Recommendations:
1) With hundreds of archeological sites located with a mile of the ACP and the MVP
without historical designation, we recommend that the Governor assess the potential
impacts of the ACP and MVP on areas of cultural significance to Native Americans and
African Americans. to protect and categorize important cultural sites.
2) We recommend that the Governor insure that private and public sector entities improve
channels of communication with tribal councils while supporting self-determination. In
particular, infrastructure projects like the ACP and MVP should consult tribes about
impacts to their land and people. Since tribes were awaiting decision on their federal
recognition application, they may not have felt free to communicate concerns about
proposed pipeline projects. The global standard established to respect indigenous rights is
Free, Prior and Informed Consent. These pipeline projects are currently in pre-
construction without FPIC, even from federally recognized tribes.

TOPIC FOUR: STATE REVIEW UNDER THE CLEAN WATER ACT

7
Native Land. Our home on native land. https://native-land.ca/.
8
Grant, R. 2016. Deep in the swamps, Archeologists are finding how fugitive slaves kept their freedom.
Smithsonian Magazine. https://www.smithsonianmag.com/history/deep-swamps-archaeologists-fugitive-slaves-
kept-freedom-180960122/.
9
Hausman, S. 2014. Fleeing to Dismal Swamp, slaves and outcasts found freedom. National Public Radio.
https://www.npr.org/2014/12/28/373519521/fleeing-to-dismal-swamp-slaves-and-outcasts-found-freedom

7
ACEJ recognizes clean water is part of the public trust. UN Resolution 64/292, passed in
2010, acknowledged that clean drinking water is essential to the realization of all human
rights. Several United States acts, including the Clean Water Act and the Safe Drinking
Water Act, protect access of American citizens to clean drinking water. Disruption or
contamination of water supply is an environmental justice issue because low-income
populations can least afford to purchase water or filtration systems and cannot pay higher
taxes for improved infrastructure.
To assure water quality, ACEJ recommends that the state of Virginia review federally
permitted projects like the ACP and the MVP to certify that they will comply with state water
standards. Pipeline construction will involve crossing 1,556 waterbodies and impact large
areas of the state. Based on the best available information, the ACP would cross near intakes
of water assessment areas of the (1) City of Staunton-Middle River, (2) City of Norfolk-
Western Branch Reservoir, (3) City of Norfolk-Lake Prince, and (4) City of Emporia-
Meherrin River. 10 The MVP would cross two source water assessment areas: (1) Western
Virginia Water Authority-Spring Hollow, and (2) Town of Rocky Mount-Blackwater River.
Individualized analysis of current conditions and expected impacts is important at every
crossing, but especially in areas where water quality is already impaired, in areas of seismic
activity or geologic instability, and in zones that are sources of drinking water. In rural areas
like Bath, Buckingham, and Nelson Counties, where residents rely on wells, streams, rivers,
and reservoirs, citizens are worried and alarmed about potential groundwater pollution from
pipeline construction and use.
Independent Geographic Information System (GIS) analysis has identified that the proposed
pathway is in proximity to stream crossing and water intakes; 11 therefore we recommend
state agencies conduct environmental justice review of impacts on water bodies to assure risk
to water is carefully assessed. The ACP would cross the Blackwater River approximately 4.5
miles from the City of Franklin (Southampton County). Of the 33 HDD water crossings
within two miles of Franklin, most lie proximate to neighborhoods with a majority of people
of color. 12
The legal and regulatory record below suggests the potential for significant ecological harm
and the need for additional state review:
• MVP: The DEQ has taken enforcement action against MVP since the start of pre-
construction. 13 Federal regulators halted MVP construction in August of 2018 due to

10
Hansen, et al. 2018. Threats to Water Quality from the Mountain Valley Pipeline and Atlantic Coast Pipeline
Water Crossings in Virginia. https://www.nrdc.org/sites/default/files/threats-to-water-quality-from-mountain-
valley-pipeline-and-atlantic-coast-pipeline-water-crossings-in-virginia_2018-02-26.pdf.
11
Detailed route maps are available at the Pipeline Compliance Surveillance Initiative (CSI). See in
particular https://dpmc-
gis.maps.arcgis.com/apps/webappviewer/index.html?id=bad99995a7674146903a3aacb83bd879;
Hansen, et al. 2018. Threats to Water Quality from the Mountain Valley Pipeline and Atlantic Coast Pipeline
Water Crossings in Virginia. https://www.nrdc.org/sites/default/files/threats-to-water-quality-from-mountain-
valley-pipeline-and-atlantic-coast-pipeline-water-crossings-in-virginia_2018-02-26.pdf.
12
Ibid.
13
DEQ. Regulatory activities related to the Atlantic Coast and Mountain Valley pipelines in Virginia.
https://www.deq.virginia.gov/lists/?action=show_list&id=38&page=1; Lopez, T. 2018. DEQ, MVP broke the

8
 repeated incidents of erosion violations.14 In August of 2018, the Fourth Circuit
Courts vacated the Forest Service and Bureau of Land Management permits for the
MVP due to evidence of insufficient environmental review before approval. 15
• ACP: Along with dozens of local organizations, the Southern Environmental Law
Center submitted a legal case in 2017 requesting rehearing of FERC review given
limitations in review prior to approval. While this court decision is still pending,
Senator Kaine has repeatedly requested a new FERC review. 16 ACP has since been
cited for erosion violation in West Virginia 17 and violations of tree felling in
Virginia. 18 ACP pre-construction was halted in May of 2018 to protected endangered
species when protections were found insufficient. 19 In August of 2018, the Fourth
Circuit Court vacated National Park Service permit for the ACP due to the permit’s
fundamental contradiction with the NPS mission. 20
Recommendations:
1) We recommend that Governor communicate with the State Water Board (SWB) and the
Department of Environmental Quality (DEQ) about state review power under Section 401
of the Clean Water Act to assure necessary site-specific assessment.
2) We recommend that the Governor embrace site-based stream-by-stream assessment to
protect Virginia citizen’s right to clean water and ensure safeguards are in place for low-
income and vulnerable populations.
3) We recommend that the Governor delay MVP pipeline pre-construction and construction
until the potential impacts can be more thoroughly reviewed with disproportionate
impacts taken into consideration. We also recommend that the state exercise state

law, has inadequate erosion controls. WSLS 10 News. https://www.wsls.com/news/virginia/deq-mvp-broke-the-

law-has-inadequate-erosion-controls.
14
Hammack, L. 2018. Federal agency order stop on the entire Mountain Valley Pipeline. The Richmond Times
Dispatch. https://www.richmond.com/news/virginia/updated-federal-agency-orders-work-to-stop-on-the-
entire/article_47640162-9399-5ca1-81b5-4d38be2417a4.html.
15
Weber, M. 2018. US Court vacates US Forest Service and BLM permits for Mountain Valley Pipeline. S&P
Global Platts. https://www.spglobal.com/platts/en/market-insights/latest-news/natural-gas/072718-us-court-
vacates-us-forest-service-blm-permits-for-mountain-valley-pipeline.
16
Kaine, T. 2018. Kaine calls for FERC rehearing on Mountain Valley and Atlantic Coast Pipelines.
https://www.kaine.senate.gov/press-releases/kaine-calls-for-ferc-rehearing-on-mountain-valley-and-atlantic-
coast-pipelines.
17
Miskin, K. 2018. WV DEP pipeline developers failed to control erosion, fall the water quality rules. WV
Gazette Mail. https://www.wvgazettemail.com/news/wvdep-pipeline-developers-failed-to-control-erosion-
follow-water-quality/article_70da3076-0ec4-531f-b4bd-7d3f2b2c1fb0.html.
18
Zullo, R. 2018. Atlantic Coast Pipeline gets violation notice from state over tree felling. The Richmond Times
Dispatch. https://www.richmond.com/news/virginia/atlantic-coast-pipeline-gets-violation-notice-from-state-
over-tree/article_cde8db97-2e9a-58fa-ad09-93a1ff643ed2.html.
19
Zullo, R. 2018. Federal appeals court nullifies key permit of the Atlantic Coast Pipeline. The Richmond Times
Dispatch. https://www.richmond.com/news/virginia/federal-appeals-court-nullifies-key-permit-for-atlantic-
coast-pipeline/article_c3da09e8-df8d-56d5-a9dd-3499737b1a14.html
20
Lavoie, D. 2018. Appeals Court Tosses Key Permits for Atlantic Coast Pipeline. The Washington Post.
https://www.washingtonpost.com/national/energy-environment/appeals-court-tosses-key-permits-for-
atlantic-coast-pipeline/2018/08/06/63064dfa-99ca-11e8-a8d8-
9b4c13286d6b_story.html?noredirect=on&utm_term=.2f28ca0c4875

9
 authority under SB698 and SB699 to delay construction until this review has taken
place. 21

TOPIC FIVE: METHANE GAS, CLIMATE CHANGE, SEA LEVEL RISE

Methane (CH4), a potent greenhouse gas, leaks into the earth’s atmosphere through the
production of gas pipelines across the US. 22 Gas systems contribute to climate change more
than coal and methane emissions are on the rise. A recent NASA study concluded that fossil
fuel development is the source of approximately 68% of the recent rise in methane levels in
the atmosphere. 23 The potential cumulative impacts of new gas infrastructure are
significant. 24
Virginians are already experiencing climate change impacts, such as heat waves, seasonal
drought, sea level rise, and intensification of storms. Climate disruption often exacerbates
inequalities, creates and reinforces environmental injustice, and causes the greatest harm to
poor and vulnerable populations. 25 Climate justice advocates assert harm from climate
change disproportionately affects communities of color, low-income populations, and the
elderly and children. Sea level rise and recurrent flooding are contributing to missed school
and work in low-lying areas of the eastern shore and coastal zones (i.e., in Norfolk). 26
Hampton Road owners have lost homes when they can no longer obtain or afford flood
insurance. 27 The perception that low income residential areas and communities of color may
not receive equal attention when evacuation and storm recovery plans are made, influences
the recommendations made below. Due to recurrent flooding, a percentage of the low-income
populations from Tidewater Garden and other public housing projects in Norfolk are to be
relocated to new housing through a voucher system by 2020. 28 In addition to demonstrating
inequality in housing access, climate impacts draw attention to Virginia’s unequal medical
coverage and to existing gaps in health care access. Climate change can result in increases in
pollen and earlier rises in pollen contributing to allergies, increase in vector borne diseases
from increases in the populations of ticks and mosquitos, higher potential for heat stroke,

21
http://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+SB698; http://lis.virginia.gov/cgi-
bin/legp604.exe?181+cab+SC10205SB0699+RCSB3.
22
Brandt, A.F. et al. 2014. Methane Leaks from North American Natural Gas Systems. Science.
http://science.sciencemag.org/content/343/6172/733
23
NASA (National Aeronautics and Space Administration). 2018. NASA-led study solves methane puzzle.
https://www.nasa.gov/feature/jpl/nasa-led-study-solves-a-methane-puzzle.
24
Mayfield, D. 2017. Would the Atlantic Coast Pipeline increase the threat of sea level rise in Hampton Roads?
The Virginian Pilot. https://pilotonline.com/news/local/environment/article_a949fc72-c07b-5d08-a329-
463b1eee32f1.html
25
United Nations News. 2016. Inequalities Exacerbate Climate Impacts on Poor and Vulnerable Populations.
https://news.un.org/en/story/2016/10/541743-inequalities-exacerbate-climate-impacts-on-poor-vulnerable-
populations-new-un; Leichenko, R. and O’Brien, K. 2008. Environmental change and globalization: Double
exposures. Oxford University Press.
26
Kusnetz, N. 2018. Norfolk wants to remake itself as sea level rises, but who will be left behind? Inside
Climate News. https://insideclimatenews.org/news/15052018/norfolk-virginia-navy-sea-level-rise-flooding-
urban-planning-poverty-coastal-resilience.
27
Jarvis, B. 2017. When rising seas transform risk into certainty. The New York Times.
https://www.nytimes.com/2017/04/18/magazine/when-rising-seas-transform-risk-into-certainty.html.
28
The New Journal and Guide Staff. 2018. Norfolk’s urban renewal program gets underway. The New Journal
and Guide. http://thenewjournalandguide.com/norfolks-urban-renewal-project-gets-underway/.

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increase in ground level ozone, all of which combine to intensify health conditions such as
asthma, other respiratory diseases, and more. 29
An important component of environmental justice is mitigating and preventing releases of
methane and other greenhouse gases. Reducing methane emissions is especially important for
curbing near-term warming. Because methane only lasts for a decade or so in the atmosphere,
reducing emissions can have a near-immediate impact on slowing the rate of warming, which
is critical for reducing the impacts that we are already seeing, such as sea level rise and
worsened extreme weather events. 30
Recommendations:
1) We recommend that the Governor direct state agencies model greenhouse gas
contributions, including methane, of the proposed ACP and MVP comprehensively so the
decision-makers and the public have a more accurate understanding of climate impacts.
2) We recommend that the Governor ensure that the state includes GHGs in state
assessments and should consider rejecting permits for the ACP and the MVP if climate
impacts surpasses other energy options. The New York Governor and state resource
agencies canceled proposed gas infrastructure using climate justifications, creating a
precedent for state level action. 31
3) We recommend that the Governor rigorously work with governmental and independent
agencies to revisit initial economic and other calculations related to gas pipelines. Market
shifts suggest there may not be a need for additional capacity given the decreasing
domestic demand. This will ensure that low income and minority populations are not
disproportionately impacted by the proposal and to assess the potential for comprehensive
ecological impacts thoroughly.

29
Natural Resources Defense Council. Climate change and health in Virginia.
https://assets.nrdc.org/sites/default/files/climate-change-health-impacts-virginia-ib.pdf.
30
Ocoko, I. 2018. New Science Suggests Methane Packs More Warming Power Than Previously Thought.
Environmental Defense Fund. http://blogs.edf.org/energyexchabge/2018/02/07/new-science-suggests-methane-
packs-more-warming-power-tha-previously-thought/; Howarth, R.W. 2015. Methane emissions and climatic
warming risk from hydraulic fracturing and shale gas development: implications for policy. Energy and
Emission Control Technologies. 3: 45-54.
31
Kuznetz, N. 2017. Another pipeline blocked for failure to consider climate emissions. Inside Climate News.
https://insideclimatenews.org/news/07092017/new-york-pipeline-permit-rejected-natural-gas-valley-lateral-ferc-
climate-change.

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 CONCLUSION: OUR PROPOSAL

Virginia’s Emergency Task Force on Environmental Justice in Gas Infrastructure

ACEJ recommends an Emergency Task Force on Environmental Justice in Gas
Infrastructure be convened to assess evidence of disproportionate impacts for people of
color and for low-income populations due to gas infrastructure expansion. ACEJ recommends
that the Governor direct DEQ to suspend the permitting decision for the air permit for the
Buckingham compressor station pending further review of the station’s impacts on the health
and the quality of life of those living in close proximity. We also recommend that a review of
permitting policies and procedures take place and that the governor direct the Air Pollution
Control Board, DEQ, and DMME to stay all further permits for ACP and MVP.to ensure that
predominately poor, indigenous, brown and/or black communities do not bear an unequal
burden of environmental pollutants and life-altering disruptions. These actions would ensure
that environmental justice has meaningful influence in all current and future energy projects.

Proposed Membership:
• State of Virginia: appropriate agencies (i.e., DEQ,
VDH, DSS, DMAS, SHPO, etc.)
• Dominion Energy: Environmental Justice Officer
or other representative, company archeologist
• Advisory Council on Environmental Justice
(ACEJ) representatives
• Impacted urban and rural populations, including
members of Native American nations and
Freedman communities
• Civil rights attorneys
• Member of State Control Water Board (selected
by SWCB)
• Member of State Air Pollution Control Board
(selected by PCB)
• Academia: anthropologists, archeologists,
historians, geographers

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