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OSM Releases Impoundment Oversight Reports

WV DEP to Issue Orders Requiring Additional Information
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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Revisions to Coal Mining NPDES Rule Approved by Legislative Rulemaking Review Committee

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 jbostic@wvcoal.com
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FOC Auxiliary Need Assistance

The "Giving Hearts Project" has not been fully funded for last year, if you pledged please send your checks directly to the below address and any other contributions to the Auxiliary would be greatly appreciated.
Ninety families was the total for this year with many mothers and/or fathers who are or have been deployed militarily seeking help for their families. Numerous families in Mercer, Fayette, Webster, Wyoming, Kanawha, and Raleigh are included in this number.
FOC Ladies Auxiliary is a 501- C- 3 Non-Profit Organization - FEIN #27-3379290.
PO Box 1109, Beckley, WV 25802-1109. (304) 252.1457 Ext. 20.

The Auxiliary has also had some other bad luck, their hard drive was completely erased. They are therefore contacting everyone they know to get e-mail addresses. If you were receiving e-mails from the Auxiliary or you would like to receive e-mails please contact Susan Webb at ladiesauxiliary@friendsofcoal.org

Coal Facts 2012 Available On-Line

The 2012 edition of the Coal Facts is now available on-line: www.wvcoal.com Go to the “Resources” tab at the top of the page and click on “Coal Facts 2012”. Once opened, at the bottom of the document there are icons in the left hand corner that will enlarge of decrease the size of the pages. It can also be printed.
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Man-Trip

ARCH Coal announced that effective January 7 Russ Lorince will become their Vice President of External Affairs for the Eastern Region. Russ will serve as Arch’s person on the primary state trade association’s boards and committees. Prior to joining Arch, Russ served as director of economic development at WVU and prior to that worked with Allegheny Energy for 25 years.

Amanda Lawson, Director of State Governmental Affairs for Walter Energy was appointed to an advisory committee that will guide and oversee implementation of the US Extractive Industries Transparency Initiative (USEITI). The appointment was made by the US Secretary of the Interior Ken Salazar in late December.