WVEC Action Alert

June 10, 2010

Below:

• WVEC Fundraising Letter
• Public Hearings and Comment Periods for DEP 2011 Proposed Rules

WVEC Fundraising Letter

Dear Friends,

The West Virginia Legislature is beginning discussions of a wide range of issues vital to human health and the environment.  These discussions are occurring at monthly Legislative Interim meetings and will set the stage for legislation that will be introduced in the 2011 Legislative Session.

We need your immediate financial contributions to ensure that the West Virginia Environmental Council lobby team, and our members and member groups have a seat at the table and that your interests are part of the conversation during the 2010 Interim meetings.

So what are these important “study topics” our Legislature will attempt to address in this year’s Interim meetings?  The list is daunting.  But here are a few examples:

• The environmental effects that oil and gas drilling (especially Marcellus Shale drilling) has on the use and withdrawal of water from streams and rivers.
• The impact of oil and gas drilling on the state’s transportation road system.
• Surface owners rights issues including notice of drilling prior to entry, compensation for loss of timber and secondary road inspection prior to initiation of drilling operations.
• Further study of the effects of coal sludge impoundments and underground slurry injection.
• How to pay for cleaning up nutrient pollution West Virginia puts into Chesapeake Bay.
• Should the Public Service Commission be exempt from legislative rule-making?
• A study of the benefits of the development of renewable energy resources.
• A study of “green” public policy initiatives.
• A study of alternative fuels and vehicular energy consumption.
• And finally, all of the rule changes proposed by the WV Department of Environmental Protection that impact the air you breath and the water you drink.

Since 1989 the West Virginia Environmental Council has been your voice for the environment at the Legislature. We not only speak for your interests at these important Legislative Interim sessions, but we are also able to keep you apprised of what's going on, alert you to meetings that might be important to attend and solicit your input on issues of importance before they reach the regular session.  So please help us by sending a contribution today so we can continue to have a consistent “year-round” presence at the State Capitol.

Donald S. Garvin, Jr.
WVEC Legislative Coordinator

Representing West Virginia “Special Interests”:
People Who Want to Breathe Clean Air and Drink Clean Water

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Public Hearings and Comment Periods for DEP 2011 Proposed Rules

The West Virginia Department of Environmental Protection is proposing changes to 14 of the agency’s regulatory rules for consideration by the Legislature in 2011.  Most of the proposed changes are minor or technical in nature.  However, the proposed changes to the rules governing Water Quality Standards, Surface Mining Reclamation, and a couple of the Air Quality rules are significant, and the West Virginia Environmental Council is preparing a separate fact sheet and action alert on those rules. We encourage everyone to take a look at the proposed rules and file comments or attend the public hearings, as you feel necessary.

DEP has scheduled comment periods and public hearings for each of the proposed legislative rules. All hearings will take place at the DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State’s office or from the DEP at www.wvdep.org. You may also obtain printed copies of the information by calling the phone numbers listed below.

Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to DEP.Comments@wv.gov. The hearing dates, locations and comment deadlines are as follows:

Division of Air Quality

• 45CSR8 – Ambient Air Quality Standards
• 45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration
• 45CSR16 – Standards of Performance for New Stationary Sources
• 45CSR18 – Control of Air Pollution from Combustion of Solid Waste
• 45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Non-Attainment
• 45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities
• 45CSR34 – Emission Standards for Hazardous Air Pollutants

The public hearing will start at 6 p.m. on Monday, July 12, in the Dolly Sods Room. The comment period will begin on June 11 and end at the conclusion of the hearing on July 12.  For more information on any of the DAQ rules call 304-926-0475.

Division of Mining and Reclamation

• 38CSR2 – West Virginia Surface Mining Reclamation Rule
• 199CSR1 – Surface Mining Blasting Rule

The public hearing for all Mining and Reclamation rules will begin at 6 p.m. on Tuesday, July 13, in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.  For more information on any of the DMR rules call 304-926-0490.

Division of Water and Waste Management

• 33CSR20 – Hazardous Waste Management System
• 47CSR12 – Requirements Governing Groundwater Standards
• 47CSR60 – Monitoring Well Design Standards

The public hearing for these rules will begin at 6 p.m., Thursday, July 15 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing.

• 47CSR2 – Requirements Governing Water Quality Standards

The public hearing for this rule will begin at 6 p.m., Monday, July 19 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more information on any of the Water and Waste Management Rules call 304-926-0495.

Secretary’s Office

• 60CSR2 – Rules on Freedom of Information Act Requests

The public hearing will begin at 6 p.m., Thursday, July 15 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more information on Freedom of Information Act rules call 304-926-0499, ext. 1331.

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