Three coal-related administrative rules were recently filed with the Legislature for consideration during the 2014 Regular Session. WV DEP filed its final Water Quality Standards Rule that includes revisions to the standards for beryllium (from .0077 ug/l to 4 ug/l) and aluminum (conversion to a hardness based standard with no special restrictions for trout streams). The changes to the water quality standards rule are currently operating as an emergency rule that was filed in March 2013.
WV DEP also filed the final version of changes to its state Clean Water Act Section 401 Certification / State Mitigation Rule. This final rule was revised to address comments from the Coal Association regarding the acceptance of federal mitigation as satisfying the requirements of state mitigation.
The State Tax Department filed its final rule to implement the provisions of House Bill 2352, which created a tax credit for the voluntary reclamation by an active operator of a bond forfeiture site. The final rule was revised to address comments from the Coal Association regarding eligibility for the credit and the ability to claim the credit among corporate subsidiaries. As part of the Legislative Rulemaking Review Process, the rules will be considered by the full Legislature during the 2014 Regular Session.
For a copy of the final rules and the response to public comments, contact jbostic@wvcoal.com