RICHMOND, Va. (WRIC/WFXR) — At a Tuesday meeting, the State Water Control Board approved a permit that will allow construction to proceed on the Mountain Valley Pipeline, a 303-mile natural gas project across the Appalachians.

In a 3-2 vote on Tuesday, Dec. 14, the board agreed to issue the permit, which outlines requirements the company will have to abide by to protect streams during construction and address permanent impacts on delicate wetland ecosystems.

The vote is a win for the company after a setback earlier this month. The Virginia Air Pollution Control Board, a separate board under the Department of Environmental Quality (DEQ), denied approval for a compressor station associated with the pipeline.

At the time, environmental justice organization Protect Our Water, Heritage, Rights wrote, “Without this key permit, the Mountain Valley Pipeline and its Southgate extension are unlikely to ever be built.”

Mountain Valley Pipeline shared the following statement with WFXR News regarding their win on Tuesday:

Mountain Valley Pipeline, LLC, is pleased with the board’s decision Tuesday, December 14, 2021, to approve the water permit for the MVP project. We appreciate the diligence of DEQ staff in performing a comprehensive and rigorous analysis of the data. The facts show that remaining waterbody crossings can be completed successfully and without adverse impacts to sensitive resources as the project team has proposed. In fact, Mountain Valley already has successfully performed multiple crossings of waterbodies and wetlands in Virginia, without adverse impacts to water quality, and total project work now stands at nearly 94 percent complete. 

Natalie Cox, Spokesperson, Mountain Valley Pipeline
This map shows the route of the proposed pipeline.

The proposed pipeline runs through large portions of West Virginia and Virginia’s Appalachian counties, with 107 miles of the project located in the Commonwealth.

DEQ staff recommended approval of the permit to the Water Control Board, saying they had performed extensive evaluations of the projects potential impact on streams and wetlands in the pipeline’s path.

The DEQ previously denied the same permit to the project in 2020 amid new environmental legislation from the General Assembly and suspension of a federal permit from the Army Corp of Engineers.

Attorney General Mark Herring’s office also brought a complaint against the company in 2018, alleging over 300 violations of state environmental regulations, for which the company agreed to pay a $2,150,000 penalty. However, during Tuesday’s board meeting, a DEQ staffer said the board could not consider past violations when weighing approval of the permit.

One board member raised concerns about the scope of the permit, which regulates impacts on surface water, but does not address potential chemical contamination of groundwater.

“Are you saying groundwater is not state water?” the board member asked.

“We only regulate groundwater in that part of the state that is designated by statute as a groundwater management area,” a DEQ staff member replied.

This map shows the groundwater management areas in Virginia, located mostly in the Hampton Roads region. (Map: Courtesy of the Library of Congress)

In a statement following the ruling, Food & Water Watch, an environmental advocacy group, said the fate of the pipeline was now in the hands of federal agencies.

“Mountain Valley Pipeline offers a critical opportunity for President Biden’s administration,” said Food & Water Watch Southern Region Director Jorge Aguilar. “Where Virginia state agencies and our Governor have abdicated responsibility to protect Virginians from the destruction and pollution of this massive fracked gas project, the federal government must now act.”

Final approval of the pipeline now rests in the hands of the Federal Energy Regulatory Commission, which oversees all interstate natural gas pipelines.