SENATE RESOLUTION NO. 10

(By Senators Kessler (Acting President), Green, Unger, Browning, McCabe, Stollings, Sypolt, Plymale, K. Facemyer, Williams, Minard, Hall, Laird, Jenkins, Boley, Nohe, Yost, Klempa, Wells, Prezioso, Beach, Miller, Palumbo, Snyder, Edgell, D. Facemire and Tucker)

Urging the U.S. Environmental Protection Agency to reconsider its January 13, 2011, action to veto the permit issued by the U.S. Army Corps of Engineers for the Spruce Mine in Logan County, West Virginia.

    Whereas, The Senate, during the 2010 Regular Legislative Session, expressed its will by adopting SCR No. 61 urging the EPA not to veto the Spruce Mine Permit; and

    Whereas, The House, during the 2010 Regular Legislative Session, adopted HCR 111 which further enunciated the intent of the Legislature with respect to West Virginia’s “narrative water quality standards” and upon such, urged EPA to recognize Congressional Intent as enacted in the Federal Water Pollution Control Act whereby Congress declared that “it is the policy of Congress to recognize, preserve and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use of land and water resources....”; and

    Whereas, The Legislature, found the U.S. Army Corps of Engineers issued a permit to the Spruce Mine in Logan County, West Virginia after years of intensive review, including the conclusion of a full environmental impact statement; and

    Whereas, In the course of its deliberations regarding the Spruce Mine, the U.S. Environmental Protection Agency has raised concerns regarding water quality; and

    Whereas, Interpretations and implementation of West Virginia’s water quality standards is also the responsibility of the West Virginia Legislature and the West Virginia Department of Environmental Protection, who has previously determined that the Spruce Mine complies with the water quality standards, including the narrative standards approved by the Legislature and implemented by the West Virginia Department of Environmental Protection; and

    Whereas, The permit has been in place for three years and has become operational and employees have been hired; and

    Whereas, EPA has heretofore announced its intentions of vetoing the Spruce Mine permit and advanced proceedings to carry through with its veto intentions during 2010 in apparent disregard for the rights invested in West Virginia by Congressional Acts to also regulate water quality and in disregard for the State’s water quality standards found to strike a healthy balance between high environmental quality and economic growth opportunities; and

    Whereas, The EPA in its veto has failed to provide guidance on correcting the Spruce Mine permit; and

    Whereas, The permit veto issued by the U.S. Environmental Protection Agency will certainly result in the loss of jobs and investments at Spruce Mine Company in Logan County, West Virginia and will have a major impact, no only to Logan County, West Virginia, but will further impact the financial stability of the State of West Virginia in an unstable economy; therefore, be it

    Resolved by the Senate:

    That the Senate hereby urges the U.S. Environmental Protection Agency to reconsider the permit veto for the Spruce Mine in Logan County, West Virginia based on its recognition of the comprehensive nature of West Virginia water quality standards; and, be it

    Further Resolved, That the Senate urges the EPA to provide clear and concise guidance to Spruce Mine on how to correct its permit; and, be it

    Further Resolved, That the Senate expresses the sentiment that mining in West Virginia can be done safely, efficiently and profitably while protecting the water quality of the State; and, be it

    Further Resolved, That the Senate as a body takes the lead in facilitating a multi-state response to provide a stronger, more cohesive and coordinated voice on matters involving EPA and national coal and energy issues; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the U.S. Council of Environmental Quality, the members of the West Virginia Delegation to the Congress of the United States and the President of the United States.