WV Executive

West Virginia is often the target of criticism because of some of the industrial activities that take place within its borders and because it is often difficult to understand the complex and detailed laws that are in place to protect the state’s environment.

To counter that criticism, it’s important to explain that West Virginia has hundreds of regulations and statutes that require business and industry to be protective of the state’s air, water and land.

Law of the Land
In 1939, West Virginia was the first state in the nation to enact environmental laws to regulate coal mining. In the last 10 years, West Virginia has gone above and beyond the Environmental Protection Agency’s technology-based limits for coal mining by assigning water quality-based effluent limitations that broaden the parameters regulated by mining permits.

The Department of Environmental Protection (DEP) has implemented an anti-degredation policy to protect the state’s high-quality waters and total maximum daily loads for impaired waters to restore these streams. The state is one of the leaders in the Environmental Protection Agency’s Region 3 in applying these requirements to industry.

In recent years, there has been growing concern over environmental impacts related to the underground injection of coal slurry into abandoned mines. West Virginia regulates mine slurry wells through a permit process that imposes more stringent controls than required by federal law. Not only does the program request more reporting of data than the federal program, but it has more limits on the materials used in the process.

In addition, West Virginia’s regulations go well beyond those in federal law or the laws of any other state by requiring surface coal mines to be designed so as to assure that they do not increase hazards from flooding. Federal regulations merely require that mines be designed to protect against flooding and any resulting damage to life and property without specifying how it is to be done or requiring any formal demonstration that it has been done.

After flooding damaged much of the southern part of the state in July 2001, the DEP developed a flood advisory task force to study what role mining might have in the severity of flood damage in extreme rain events. As a result of that study, the DEP recommended rule changes that were adopted by the legislature requiring companies to conduct a very detailed surface water run-off analysis for every new surface mining permit. To obtain a permit, a mining company must demonstrate through the analysis that there will be no increase in peak storm water runoff from the mine area. When the Office of Surface Mining approved West Virginia’s rules, it acknowledged that there was no federal counterpart to them.

In recent years, a water use survey was mandated that requires the Department of Environmental Protection to keep an inventory of the state’s waters by requiring industries that use large volumes of water to report that use. This regulation applies to a variety of industries, including the oil and gas industry, which use a great deal of water in the drilling process to fracture rock formations to release natural gas for extraction.

In addition to laws that govern mining, oil and gas and the chemical industry, there are environmentally related laws that regulate the local auto mechanic, dry cleaner, farmer and retail store. Small businesses are typically subject to air, water and solid and hazardous waste regulations. For example, an auto body shop is subject to hazardous waste regulations in the way that it disposes of its leftover paints and solvents, as well as its paint filters.

There are laws that regulate how the city you live in handles storm water and there are laws that regulate what is allowed in the state’s landfills.

Looking to the Future
Instead of reacting to a current situation and making laws in response, West Virginia’s leaders are passing laws today that look ahead in an effort to address environmental concerns of the future.

With the ever-changing and growing technology market, West Virginia lawmakers recognized that as people invest in new technology, such as computers, televisions, MP3 players and cell phones, a plan must be in place for dealing with the outdated models. In 2008, West Virginia legislators passed a law that requires producers of electronic devices such as televisions, radios and computers to either offer recycling for outdated and used products or pay a registration fee that would help the state provide electronic recycling opportunities for its citizens. The state is among 19 others, with Virginia and Maryland being the closest, to enact such laws.

With the ever-changing and growing technology market, West Virginia lawmakers recognized that as people invest in new technology, such as computers, televisions, MP3 players and cell phones, a plan must be in place for dealing with the outdated models. In 2008, West Virginia legislators passed a law that requires producers of electronic devices such as televisions, radios and computers to either offer recycling for outdated and used products or pay a registration fee that would help the state provide electronic recycling opportunities for its citizens. The state is among 19 others, with Virginia and Maryland being the closest, to enact such laws.

In addition, Governor Manchin introduced, and recently signed into law, a post-mining land use law that turns reclaimed surface mine lands into a resource to be used for development in areas of the state where flat land is scarce. The law requires coal companies to work with local or regional development authorities to ensure that after surface mining is completed the land that remains can be used in a fashion that fits in with the development plan for the nearby community.

Meeting the economic and energy needs of society while protecting the environment in which it exists requires pragmatic leadership by people who are willing to work together. It is business and industry that provides the jobs for West Virginians and a solid tax base upon which the state operates, but it is a healthy environment that creates the quality of life that draws people to the state and makes them want to live here.