WVEC Action Alert

June 26, 2007

Speak Out Against Pollution
DEP Rules Open for Public Comment

The West Virginia Department of Environmental Protection has published its proposed legislative rules for 2008, and one of those rules – the Antidegradation Implementation Rule for rivers and streams – would slash in half the number of high quality streams listed for protection in this year’s proposed rule.

DEP has proposed 25 new or modified legislative rules this year. For the most part these are the same rules the agency filed last year on which the Legislature failed to take action.  In spite of public statements made following the session, DEP obviously decided that it would not take the position that the proposed rules would go into effect anyway, even though the Legislature did not act.  Instead, they are re-filing the rules.

There are both minor and significant changes in some of these rules.  DEP rules play a critical role in environmental regulation in West Virginia.  Generally, these rules set out how the agency regulates activities that affect various aspects of the environment.  Specifically, the rules determine pollution limits for air and water quality, and detailed regulations for industries such as coal mining and oil and gas production.

The DEP has scheduled official comment periods and public hearings for these 2008 proposed legislative rules.  This is YOUR first opportunity to let the agency know what you think about their proposals.  When finalized, DEP will submit the rules to the Legislature for consideration in the 2008 legislative session.

So this is your chance to weigh in by submitting written comments or attending the public hearings.. Written comments may be submitted to the Public Information Office at the above address.  Comments may also be e-mailed to comments@wvdep.org.  The public hearings will be held at DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. 

Copies of the rules and other rule documents are available from the Secretary of State’s office or from the agency at www.wvdep.org/2008rules.  You may also obtain hardcopies of the information by calling the phone numbers listed below.

WVEC will be sending out a special action alert about the Antidegradation Implementation Rule.  And if you have any questions about these rules, please contact Don Garvin, WVEC Legislative Coordinator, by email at DSGJr@aol.com.

Listed below are the hearing dates, locations and comment deadlines for each of the rules:

Division of Air Quality

45CSR6- Control of Air Pollution from Combustion of Refuse
45CSR8 – Ambient Air Quality Standards
45CSR16 – Standards of Performance for New Stationary Sources
45CSR18 – Control of Air Pollution from Combustion of Solid Waste
45CSR25 – Control of Air Pollution from Hazardous Waste Treatment Facilities
45CSR34 – Emission Standards for Hazardous Air Pollutants
45CSR39 – Control of Annual Nitrogen Oxides Emissions
45CSR40 - Control of Ozone Season Nitrogen Oxides Emissions
45CSR41 – Control of Annual Sulfur Dioxide Emissions
45CSR42 – Greenhouse Gas Emissions Inventory Program

The public hearing for all air quality rules will be held at 6 p.m. on July 9, 2007, in the Dolly Sods conference room.  The comment period will end at the conclusion of the hearing. For more information on any of the air rules, call 926-0475.

Division of Water and Waste Management

33CSR9 – Standards for Beneficial use of Filtrate from Water Treatment Plants- The public hearing will be held at 6 p.m. on July 2, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing. 

33CSR20 – Hazardous Waste Management System- The public hearing will be held at 6 p.m. on July 11, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.

33CSR30 – Underground Storage Tanks- The public hearing will be held at 6:30 p.m. on July 11, 2007, in the Coopers Rock Training Room at DEP’s Charleston headquarters.  The comment period will end at the conclusion of the hearing.

47CSR2- Rules Governing Water Quality Standards- The public hearing will be held at 6 p.m. on July 16, 2007, in the Coopers Rock Training Room.  The comment period will end at 5 p.m. July 17, 2007.  The rule includes a proposed use redesignation for Pat’s Branch in the Guyandotte River Basin, and significant additions to the B2 trout stream list.

47CSR10 – National Pollutant Discharge Elimination System (NPDES)- The public hearing will be held at 6:30 p.m. on July 17, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.

47CSR34 – Dam Safety- The public hearing will be held at 7 p.m. on July 11, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.

60CSR5 – Antidegradation Implementation Procedures- The public hearing will be held at 7 p.m. on July 16, 2007, in the Coopers Rock Training Room.  The comment period will end at 5:00 p.m. on July 17, 2007.

For more information on any of the DWWM rules, call 926-0495.

Division of Mining and Reclamation

38CSR2 – Surface Mining Reclamation Rule- The public hearing will be held at 5 p.m. on July 10, 2007, in the Canaan Valley Room.  The comment period will end at the conclusion of the hearing.

47CSR5A – Individual State Certification of Activities Requiring a Federal Permit- The public hearing will be held at 6 p.m. on July 10, 2007, in the Canaan Valley Room.  The comment period will end at the conclusion of the hearing.

47CSR30 – WV/NPDES Rules for Coal Mining Facilities- The public hearing will be held at 6 p.m. on July 10, 2007, in the Canaan Valley Room.  The comment period will end at the conclusion of the hearing.

199CSR1 - Surface Mining Blasting Rule- The public hearing will be held at 5 p.m. on July 10, 2007, in the Canaan Valley Room.  The comment period will end at the conclusion of the hearing.

For more information on any of the DMR rules, call 926-0490.

Office of Oil and Gas

35CSR3 – Coalbed Methane Wells Rule- The public hearing will be held at 6 p.m. on July 17, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.  For more information, call 926-0450.

Division of Land Restoration

33CSR10 – Recycling Assistance Grant Program- the public hearing will be held at 6 p.m. on July 12, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.

60CSR3 – Voluntary Remediation and Redevelopment Rule- The public hearing will be held at 6:30 p.m. on July 12, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.

For more information on any of the DLR rules, call 926-0455.

Public Information Office

60CSR8 – Environmental Excellence Rule- The public hearing will be held at 7 p.m. on July 17, 2007, in the Coopers Rock Training Room.  The comment period will end at the conclusion of the hearing.  For more information, call 926-0440.