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WV DEP Release Narrative Water Quality Standards

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 jbostic@wvcoal.com or from WV DEP’s website at www.dep.wv.gov under the permitting section.
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WV DEP Files Proposed Rules with the Legislature

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 jbostic@wvcoal.com
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Gary White Elected Chairman

At a “very successful” Annual Meeting of the WV Coal Association this past weekend, the Board of Directors and membership elected Gary White, President & CEO of International Resource Partners, as its Chairman.  White, who succeeds Jim Bunn, President of Blue Creek Processing, will serve a two year term.
           
Bunn will remain on the Executive Committee and Board as Immediate Past Chairman and will serve with Kevin Crutchfield (ANR) as 1st Vice Chairman; Jim Laurita (Mepco) as 2nd Vice Chairman; Ben Hatfield (ICG) as Secretary; John Snider (Arch) as Assistant Secretary; Paul Vining (Patriot) as Treasurer; Andrew Jordon (Pritchard) as Assistance Treasurer; Dan Pochick (Rish) as Associate Division Chairman; Jimmy Brock (CONSOL) and Warren Hylton (Patience) will serve as members-at-large for the general membership; and, Wayne Coleman (Walker) will serve as member-at-large for the Associate membership.
           
Bill Raney will remain as President with Chris Hamilton as Senior Vice President and Jason Bostic, Vice President.
           
A special Thanks to all of you who made the 2010 Annual Meeting a great success, with record attendance, great speakers/guests, upgraded facilities (beautiful), weather and friendship. 
 
A very special Thanks to all of the members who sponsored prizes, helped to host the Welcoming Reception and events.  Austin Power again sponsored the trophies for the children’s bowling and putting; BrickStreet Insurance sponsored the Chairman’s Brunch; Petroleum Products gave each golfer a divot repair kit; and, Wells Fargo sponsored the Beverage Cart for the Golf Tournament.  THANK YOU, THANK YOU!
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Board Approved New Members

Also, at its August 5th meeting, the Board of Directors approved the following companies for membership into the WVCA:  As General (producing) Member JMP Coal Holding, which has producing mines in Mingo and Logan counties and will be represented by Daniel J. Moon; as Associate Members: American Mine Research, Inc., David Graf representing; Sturm Environmental Services, John Sturm representing; Virginia Explosives & Drilling Company, Inc. represented by Cliff Wolford; and, Willis of Tennessee, Inc. represented by Jeffrey S. Eggleston.  Welcome to all the new members.
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Logan Coal Vendors Hosts Golf Tournament

The Logan Coal Vendors Association and Southern WV Community and Technical College are inviting organizations to join them on Friday, August 20 at the Logan Country Club for their annual golf tournament.  A portion of the proceeds helps the scholarship funds of CEDAR and Southern WV Community College.
           
For entries, sponsorships contact Judy Gore at (304) 752-0300.