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On Wednesday the Legislature’s Rulemaking Review Committee (LRRC) http://www.legis.state.wv.us/committees/interims/committee.cfm?abb=rmr approved revisions to the state’s coal mining NPDES rule (47 CSR 30) to implement the provisions of Senate Bill (SB) 615 which was passed in the 2012 Regular Session. The Legislature passed SB 615 http://www.legis.state.wv.us/bill_status/bills_text.cfm?billdoc=SB615%20SUB1%20enr.htm&yr=2012&sesstype=RS&i=615to address a unique provision of the coal mining NPDES rule that did not exist in either the federal regulations or the West Virginia non-coal NPDES permitting rule. Under this provision, coal mining permit holders were held responsible for compliance with ALL state water quality standards regardless of whether or not their NPDES permit contained actual effluent limits for a given parameter. SB 615 corrected this peculiar language in the coal mining NPDES statute and provides coal operations with the same permit protection that permit holders have in other states and non-coal permit holders have in West Virginia.

For clarity, the agency proposed a revision to the rule in light of the passage of SB 615. The revisions were published for public comment in July 2012 and a public hearing was held on the proposed changes on August 7, 2012. The only substantive comments the agency received on the proposed revisions were those filed by the Association. Now that the rule has been approved by the LRRC, it will be introduced as a bill and be considered in the 2013 Regular Session. For a copy of the proposed revisions contact This email address is being protected from spambots. You need JavaScript enabled to view it.

Yesterday the federal Office of Surface Mining released an oversight evaluation of coal refuse impoundments in West Virginia. Referred to as the Phase III report, the oversight initiative focused on the potential for impoundment breakthroughs into adjacent underground mine works and the conversion of impoundments into coal slurry cells. The oversight report is a continuation of an effort that started in 2001. The report that was released yesterday, through a press conference, contains programmatic recommendations for application across the industry and 15 site specific technical evaluations of individual facilities. In response to the programmatic findings, the West Virginia Department of Environmental Protection will require all impoundment operators to supply additional information and analysis regarding the breakthrough potential of existing operations. The orders will require the information to be submitted at mid-term review or permit renewal, whichever occurs first. The OSM Phase III oversight report is available at: http://www.arcc.osmre.gov/FOs/CHFO/Reports/EY2012-WV-TS-FI-CoalSlurryBreakthroughPotentialPhaseIII-010913.pdf

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