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The West Virginia Department of Environmental Protection (WV DEP) has filed its proposed 2011 rulemaking packages with the Legislature for consideration by the Rulemaking Review Committee. Among the changes are revisions to the State’s codified Water Quality Standards (47 CSR 2) that would revise the iron standard for trout waters and add a 500 mg/L Total Dissolved Solids drinking water standard. Changes to the Mining and Reclamation Rule (38 CSR 2) include adding provisions that would allow the agency to initiate bond release in lieu of the permit holder. Changes to the Explosives and Blasting Rule (199 CSR 1) would increase the blasting protections for impoundments. The proposed rule revisions must be approved by the Legislature during the 2011 Regular Session before they can be submitted to the federal Environmental Protection Agency (47 CSR 2) and the federal Office of Surface Mining (38 CSR 2, 199 CSR 1) for consideration.
A copy of the proposed changes is available from This email address is being protected from spambots. You need JavaScript enabled to view it.
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Yesterday the West Virginia Department of Environmental Protection (WV DEP) released its long-awaited interpretative policy and implementation guidance for the state’s narrative water quality standards. The guidance consists of two documents -- the first is a statement of interpretation and justification for how the agency will interpret the narrative standards within the context of the West Virginia Water Pollution Control Act and House Concurrent
Resolution No. 111. The WV Water Pollution Control Act & HCR 111 was unanimously adopted by the Legislature during the 2010 Regular Session to provide specific direction to the agency with respect to interpreting the narrative water quality standards. The second document is an implementation guidance document that describes the monitoring and reporting requirements for coal mining operations that are necessary to assure compliance with the narrative standards and to maintain existing/designated stream uses.
The guidance is intended to address concerns and comments raised by the federal Environmental Protection Agency (EPA) in the Clean Water Act Section 402 and Section 404 permitting process that West Virginia does not adequately consider its narrative standards in the review and issuance of Section 402 NPDES permits for the mining industry. The documents released yesterday were also intended to address EPA’s misinterpretation of state narrative water quality standards. EPA has taken the position that a mere shift in the benthic (bug) population below mining operations constitutes a violation of the narrative standards.
The Association’s Environmental-Technical Committee is reviewing the guidance documents and will convene briefing sessions for our General Membership and training sessions for our Associate Membership in the coming weeks.
A copy of the final justification and guidance documents are available from This email address is being protected from spambots. You need JavaScript enabled to view it. or from WV DEP’s website at www.dep.wv.gov under the permitting section.
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Members of the West Virginia Coal Association have chosen International Resource Partners President and CEO Gary White as the group's new chairman of the board.
In a vote held August 5, during the organization’s annual meeting, the membership elected White to replace Jim Bunn, who had completed two consecutive terms.
With his election, White assumes leadership of the nation’s largest state coal mining association. He previously served as the West Virginia Coal Association president and CEO from 1985 to 1992. He has been with International Resource Partners (IRP) and its predecessor company, International Industries since leaving the association. IRP produces approximately two million tons of metallurgical and steam coal from surface and underground operations in southern West Virginia.
Bunn will continue to serve as a member of the Association’s executive committee.
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Time is of the essence as the reserved rooms and air travel arrangements must be committed in the next couple of weeks. Please go to: www.nationaltravel.com for complete information.
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The Kanawha Valley Mining Institute’s 21st Hatfield Scramble will be held Tuesday, September 21, 2010 at the Brier Patch Golf Course in Beckley, WV.
Although the golfing slots are all filled, they will welcome hole sponsorships at $250 each, which goes directly to the KVMI Scholarships awarded each year. You may register for Hole Sponsorship and corporate memberships at the web site: http://www.kvmi.org/Registration.html
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