Happy Thanksgiving! Vol. 23, No. 8 November 2015 In This Issue … Gov. Tomblin: West Virginia Will KRONOS Switch - Sec. Huffman testifies Submit Initial Clean Power Plan Delayed; Keep before U.S. Senate, Page 2 by Jake Glance - ReFashion Show is set for Using ERIS for Nov. 21, Page 3 Gov. Earl Ray Tomblin an- “Ultimately, any plan submitted nounced last month that West Virginia by West Virginia will require the - The online game checking will submit an initial state implemen- approval of the Legislature before Time Sheets website is up, Page 3 tation plan to comply with the federal being submitted to the EPA.” by Jake Glance - Date set for DEP “Energy Environmental Protection Agency’s The DEP is accepting public (EPA) Clean Power Plan (CPP). Ini- comments and information, through The DEP’s switch to the new Tree” lighting, Page 4 tial plans, which can include exten- Dec. 31, to be included in the study. KRONOS time keeping and biweekly - Easy (and cheap!) winter- sion requests, are due Sept. 6, 2016. The CPP was published in the federal pay system has been delayed. In a decision on Nov. 2, the En- izing tips, Page 5 "As required by new legislation register on Oct. 23, making it final passed by the Legislature this year, and starting the clock on DEP’s 180- terprise Resource Planning Board - Learn the laws of geology, the state Department of Environmen- day deadline to complete the study. (ERP) delayed the switch because of Page 6 tal Protection has already initiated its West Virginia Attorney General concerns over an “extra” paycheck - New hires and upcoming feasibility study to determine what Patrick Morrisey, along with officials that salaried employees would receive options may be available for West from 23 other states, is suing the EPA once every 11 years. The next year retirements, Page 6 Virginia to meet these new stand- to block the regulations from being employees would receive an “extra” ards,” Tomblin said. implemented. paycheck would be 2020. see POWER, Page 6 The extra paycheck would cost the state approximately $55 million - DEP’s Annual Paint Drive Produces Over 400 Gallons but there are concerns because the state cannot pay for services until for Habitat for Humanity’s ReStore after they are rendered. Some legislators have also raised concerns over the current plan to pay Total collected at state workers every other week since it divides the year into 26 14-day DEP is believed to periods. That would leave the 365th day of the year as a leftover day for be the most ever which some legislators say would by Jake Glance mean state workers get paid twice. The ERP is made up of Gov. Earl As donations and community Ray Tomblin, Auditor Glen B. Gain- center manager for the Habitat for er, and Treasurer John Perdue. They Humanity of Kanawha and Putnam are charged with overseeing the County’s ReStore, Courtney Crabtree state’s transition to the Oasis system. is no stranger to organizing events to Melinda Campbell, chief of the allow people to donate unwanted items. DEP’s Business and Technology But even she was impressed with DEP’s Helen Ford and Allen Flowers stack paint cans onto a pallet during the Office, says DEP employees should the amount of paint that was brought to annual paint drive Oct. 23. More than 400 gallon containers were donated, continue to fill out their time cards the collection point at the DEP’s Kana- which is believed to be a record amount for a Habitat for Humanity event. and request leave in ERIS as well as wha City headquarters on Oct. 23. in KRONOS. There was no KRONOS There was so much paint that it a collection event and might even be tainers of unused latex paint, wood time entry for the period ending Nov. took four pallets and a forklift to load it the largest amount collected at any stain, and polyurethane. 13. onto Habitat’s box truck. single event in the history of the Re- The donated items will find new DEP employees will be kept Courtney said it was the most Store. life at the Habitat’s ReStore in Charles- updated on the status of KRONOS via paint ever received by the DEP during People donated 436 gallon con- ton. see RESTORE, Page 6 email. 1 Secretary Huffman Testifies Before U.S. Senate Panel by Jake Glance DEP Cabinet Secretary Randy Huffman testified before a U.S. Senate committee Oct. 27 regarding the feder- al Office of Surface Mining’s proposed Stream Protection Rule. other state cooperating agencies were The Energy and Natural Resources left out of the rulemaking process – a Committee includes both Sens. Joe sentiment that was echoed by multiple Manchin (D-W.Va.) and Shelley other officials who testified at the Moore Capito (R-W.Va.). hearing. Randy’s brief testimony detailed Also testifying at the hearing were why the DEP believes the Stream representatives from the U.S. Secretary Protection Rule is an illegal, ill- of the Interior, the Wyoming Depart- Berkeley County was named the Grand Prize winner of the Clean County conceived overreach that subverts ment of Environmental Quality, Public Awards. The Berkeley County Solid Waste Authority will receive $2,000 to put federal statutory authority and state Justice, and the National Mining Asso- toward cleanups and other projects. Braxton County, the runner-up, will receive primacy jurisdiction. He also explained ciation. $1,000. Above Clint Hogbin, chairman of the Berkeley County SWA, accepts why the DEP further takes issue with The full text of Randy’s remarks is the award from DEP’s Terry Carrington. the fact that West Virginia and nine below. DEP Secretary Randy Huffman’s long-standing act of Congress and The Clean Water Act gives the environmental impact statement (EIS). Testimony: therefore should not be adopted without states primary responsibility for devel- Yet shortly after bringing those states a Congressional mandate. When the opment of water quality standards – on board, it excluded them from the Thank you for the opportunity to Surface Mining Act was enacted nearly including designated uses of the waters process, even though this rule will speak on behalf of West Virginia con- four decades ago, Congress stated that of the state and water quality criteria drastically affect how those states regu- cerning the Office of Surface Mining’s one of the express purposes of the act based on such uses. The U.S. EPA – late mining. proposed Stream Protection Rule. As was to assure that the coal supply es- not OSM – can promulgate a water Essentially, OSM conducted the cabinet secretary for the West Virginia sential to the nation’s energy require- quality standard for a state – and then NEPA process for the Stream Rule for Department of Environmental Protec- ments and to its economic and social only in limited circumstances. more than four years, by itself, in se- tion, the agency responsible for regulat- well-being would be provided. Con- There are multiple instances cret. The federal agency was not will- ing coal mining in the Mountain State, I gress also said there must be a balance throughout this Stream Rule in which ing to consider comments or challenges am very concerned about the impacts between protection of the environment existing federal and state laws related to by state regulators who were ready, this rule would have on West Virginia and agricultural productivity and the water quality standards would be willing, and able to participate. and our nation. nation’s need for coal as an energy usurped. The rule also contradicts the The Stream Protection Rule is an West Virginia has had laws ad- source. primacy authority of states. For in- unnecessary, uncalled for political dressing the environmental effects of Yet, this proposed rule doesn’t take stance, the proposal would insert the gesture. What prompted OSM to make mining since the 1930s and has been a that need into account. What OSM is U.S. Fish and Wildlife Service into these changes? There were no demands “primacy state” for implementation of proposing would impose costly new state-level permit decisions. It also from Congress that OSM conform to the Surface Mining Control and Recla- regulatory burdens without any estab- unlawfully merges Clean Water Act Congressional intent, nor was there any mation Act since 1981. This experience lished necessity for them. That balance and Surface Mining Act permit require- outcry from state regulators demanding makes West Virginia uniquely qualified that Congress intended to remain in ments – which, we believe, would fixes for broken regulatory programs. to speak about the proposed Stream place would be erased. In its place inevitably lead to OSM seeking over- There is nothing throughout the history Protection Rule. would be a law that is contrary to the sight of those merged permits. of the Surface Mining Act to indicate a OSM worked on this proposed rule very spirit of the Surface Mining Act. Additionally, the permit process need for this radical rewrite of the and the accompanying Draft Environ- One of the most obvious shortcom- OSM seeks to establish with this rule regulations. mental Impact Statement (EIS) and ings of the rule is that it is full of un- violates the Surface Mining Act by In conclusion, the proposed Stream Draft Regulatory Impact Analysis lawful conflicts with federal and state eliminating the exclusive regulatory Rule is illegal. It subverts federal statu- (RIA) for over five years. These docu- clean water laws. The Surface Mining jurisdiction of the states. The Surface tory authority and state primacy juris- ments together make up more than Act makes it clear that nothing in the Mining Act provides for either state diction – and it upsets the balance Con- 3,000 pages of very complex material – act should be allowed to supersede, regulation of surface coal mining or gress intended to create between envi- material that represents, based on our amend, modify or repeal the Clean federal regulation – not both.