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Legislative & Regulatory Update

Legislative & Regulatory Update. Mine Drainage Task Force Symposium Jason Bostic West Virginia Coal Association March 29, 2011. Overview. Regulatory Update Legislature and the Coal Industry Litigation Outlook. Update on the “Blueprint” The March Continues. June 11, 2009 MOU:

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Legislative & Regulatory Update

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  1. Legislative & Regulatory Update Mine Drainage Task Force Symposium Jason Bostic West Virginia Coal Association March 29, 2011

  2. Overview • Regulatory Update • Legislature and the Coal Industry • Litigation • Outlook

  3. Update on the “Blueprint”The March Continues June 11, 2009 MOU: -SMCRA (OSM) -CWA (Corps, EPA) -Section 401 -Section 402 -Section 404 -NEPA*

  4. SMCRA Where Did Our Primacy Go? What 4th Circuit Decisions? • OSM will remove impediments to its ability to require correction of permit defects in SMCRA primacy states. • Reversal of the “Watson Memo” • Reinstatement of INE-35 • TDNs Issued for “Permit Defects” in W.Va. And PA • Dueling Permitting • Where’s the Incentive?

  5. SMCRA… What 4th Circuit Decisions? • “Stream Protection Rule” -Plays on Emotion of SBZ Rule, but… -Massive Re-write of Fed Regulations -Material Damage -Underground Mining too… (Subsidence)

  6. April 1 Guidance Document(Manifesto) Section 402 Permitting -benthic shift equals violation of statenarrative -500 / 300 conductivity thresholds -Benchmark conductivity report

  7. Section 404 • Spruce Mine Revocation (Veto) • “ECP” Process • Permit Lists • Revisions to Mining NWPs • “Waste Treatment Exclusion” -Again, where did those 4th Circuit Decisions run off to?

  8. State Politics“May You Live in Interesting Times” -Gov. Manchin to Washington via special election -Senate President Earl Ray Tomblin to Governor’s Office via succession -Mini Constitutional Crisis -State Supreme Court Ruling -Yet Another Special Election

  9. 2011 Legislative Session • 1,894 Bills Introduced • 191 Passed • 1 Bill (so far) vetoed w/o correction message • 213 Bills Related to Coal In Some Form or Fashion

  10. Specifics– Legislature & CoalAgency Rulemaking • Senate Bill 121 “Rules Bill” -Water Quality Standards -Mining & Reclamation Rule -Explosives & Blasting Rule • “Corrections”--- WQStds Rule • Removed WV DEP Proposed TDS Standard • Survived Attempts to Restore the Standard and/or Substitute a Sulfate Standard

  11. Specifics– Legislature & CoalAgency Rulemaking • Mining & Reclamation Rule -Removed provisions allowing WV DEP to force bond release -Stripped changes that required submission of technically complete application -Modified provisions regarding inactive status (coal refuse structures) • Explosives & Blasting Rule -Withdrawn

  12. Specifics– Legislature & CoalOriginal Legislation • Coal Slurry (Senate Bill 248) -About 14 bills that addressed coal slurry: injection and/or impoundments -Consumed remarkable amount of time (Education)

  13. Specifics– Legislature & CoalOriginal Legislation • Mine Safety -About 20 bills related to various mine safety topics -Successful in getting Legislative deference to the Board of Coal Mine Health & Safety • Examples: -methane cut-off of mining equipment -protection for mine safety “whistleblowers” -state drug testing program for miners -lots of UBB-motivated legislation

  14. Specifics– Legislature & CoalOriginal Legislation • Taxes & Fees -House Bill 2955 -Increases / assess certain fees for DMR permit applications -Raise approx. $1.6 million for WV DEP -1/2 of what agency needs to sustain current DMR staffing following loss of synfuel taxes

  15. Other Stuff • No Oil & Gas Legislation -remarkably contentious issue -no agreement between industry -Gov. ERT issues Ex Order • Cemetery Access • State Dredge & Fill Program • Various Tax Increases / Redistributions • Water Quality (Dunkard Creek)

  16. Regulatory Stuff • (who needs EPA with friends like these) -EQB Decision on March 10 re: narrative -According to the Board, forces WV DEP must assign effluent limits for TDS, conductivity, sulfates because of potential to violate narrative standard

  17. EQB Decision • !EQB Can’t Write WQStds! • Only the ***LEGISLATURE*** Can Adopt Changes to WQStds: • -WV SCI is NOT and has NEVER been a WQStd • House Concurrent Resolution No. 111 (Unanimous Adoption in 2010 Session)

  18. Litigation Here We Go Again: -New Federal Complaint -Section 404 Permitting -Adequacy of Permitting Process: -Mitigation -Adverse Impacts -And On and On… -Still looking for Those 4th Circuit Decisions….

  19. Outlook • The End of What? Up to Us…

  20. And Finally… Somebody… Anybody PLEASE Pay Attention: HCR 111

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