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OSM Annual Report Available

The Office of Surface Mining Reclamation and Enforcement's (OSM), Charleston Field Office (CHFO) has released the 2012 West Virginia Annual Evaluation Report. This report is a summary of OSM's evaluation of the West Virginia Department of Environmental Protection's implementation of its regulatory and abandoned mine land programs for the period July 1, 2011, through June 30, 2012. The report is available in either printed or electronic format. Printed copies of the report will be made available upon request, by calling our office at (304) 347-7158 or mailing your request to: OSM-Charleston Field Office, 1027 Virginia Street, East, Charleston, West Virginia, 25301. The electronic version of the report is available on the CHFO's web page at: http://odocs.osmre.gov/qdocs.aspx. On this site, use the drop down menus and enter the “State” (West Virginia); the “Keyword” (Oversight); the “Evaluation Year” (2012); and the “Category”(Annual Evaluation Reports). Click the submit button and the document information will appear at the bottom of the page where it gives you a view option that you will also need to click for the document to open.
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West Virginia Coal Association Statement on Inauguration of Gov. Earl Ray Tomblin

CHARLESTON – “The West Virginia Coal Association and its members would like to congratulate Gov. Earl Ray Tomblin as he is inaugurated to a full-term as governor.  Gov. Tomblin is a proven leader, a sound fiscal manager and a strong supporter of our state’s 63,000 coal mining families.

“Today’s inauguration is a joyous time for our state. It is a celebration of a lifetime of hard work by Gov. Tomblin -- first in the Legislature and now as our state’s chief executive -- in which he has led our state to a sound financial position, balancing our budget even during the worst economic downturn of our lives.

“We salute Gov. Tomblin for his leadership, his foresight and his commitment to the state and its people. And we welcome the opportunity to work with him and with the leadership of the Legislature to assure the future of West Virginia.

“Today is a time for celebration. Tomorrow, the hard work begins. The upcoming Legislative session will be pivotal for the future of our state. We are confident that we have the opportunity to make that future a bright one for our people”

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Rockefeller Will Not Run

U.S. Senator Jay Rockefeller announced this morning in Charleston that he will not seek re-election to the Senate in 2014. At the end of his current term Rockefeller will have been in public service in WV for more than 50 years. He’s served in the House of Delegates, as Secretary of State, Governor and U.S. Senator. Last month, Second District Congresswoman Shelley Moore Capito announced she will run for that U.S. Senate seat.
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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