The West Virginia Department of Environmental Protection will propose revisions to the Coal Mining NPDES Rule (47 CSR 30) for consideration during the 2013 Regular Session of the West Virginia Legislature. The revisions are intended to implement Senate Bill 615 which passed during the 2012 Regular Session of the Legislature. Click below for a copy of the legislation. http://www.legis.state.wv.us/Bill_Text_HTML/2012_SESSIONS/RS/pdf_bills/SB615%20SUB1%20enr%20PRINTED.pdf
Prior to the passage of SB 615 the coal mining NPDES rules contained a provision that requires a permit holder to be in compliance with ALL state water quality standards regardless of the effluent parameters contained in an NPDES permit. Referred to as the “permit shield piercing” provision, it does not exist in any other State NPDES rule and is contrary to the federal permitting standards and interpretations of the federal EPA. Senate Bill 615 effectively invalidated the applicability of the offending rule language and the attached rule revisions will appropriately clarify the applicability of the “permit shield” to coal mining NPDES permits.
The proposed rule revisions have been provided to the WV DEP Advisory Council for review in advance of their publication for public comment. Once the revisions are published in the State Register there will be 30-day public comment period and the changes will be submitted to the Legislature’s Rulemaking Review Committee early in the fall. The full Legislature will consider the changes during the 2013 Regular Session.