WV Dep Considering Emergency Amendment to State Surface Mining Rules

The West Virginia Department of Environmental Protection is considering emergency amendments to the State’s surface mining regulatory program that would allow companies to establish trust accounts as acceptable bonding coverage to fund the long-term treatment of post-mining drainage. The amendment is designed to allow mining operators in West Virginia to use trust accounts as established by the federal Office of Surface Mining (OSM) in final rule for the Tennessee regulatory program (administered by OSM) that was published in March 2007. The proposed emergency rule is intended to specifically mirror the federal language from the Tennessee federal program by authorizing voluntary trust accounts for the purpose of long-term water treatment situations.  The emergency rule has not yet been filed but we expect sometime later this month.  For a copy of the proposed emergency rule contact jbostic@wvcoal.com