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Investigation into NC coal ash spill widens
by James Kotcon 21 Feb '14

21 Feb '14

Toward the end of the story is a great line: "It is hard to be on the same side of the table when environmental groups are not even allowed in the room" during negotiations). Sound familiar http://news.yahoo.com/investigation-nc-coal-ash-spill-widens-205733560.html JBK

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Unger landfill Bill SB 594 (was: Marcellus Update - February 14, 2014
by James Kotcon 17 Feb '14

17 Feb '14

SB 594 was introduced Friday (single reference to Judiciary). It requires drilling wastes to go to a separate cell and requires approval from the PSC and the local Solid Waste Authority. But it does not explicitly retain the tonnage caps. Instead, the SWA siting plan would identify the maximum amount of drill cuttings, and those drill cuttings would not count toward the solid waste tonnage cap imposed by solid waste laws. The bill does not mandate radiation monitoring, but requires DEP to propose emergency and legislative rules on liners, leachate, monitoring, etc. Is this an acceptable alternative to the DEP bill? JBK ________________________________ From: Clint Hogbin <crhogbin(a)gmail.com> Sent: Friday, February 14, 2014 7:39 PM To: James Kotcon Subject: FW: Marcellus Update - February 14, 2014 All: Here's an update on Marcellus legislative activities of this week: GOOD NEWS = The efforts to ask Chairman Tim Miley to NOT waive the review by House Judiciary Committee worked. He has refused to waive 2nd reference for HB4411. My APPRECIATION to everyone for the emails and phone calls! BAD NEWS = We have learned there will be a Committee Substitute offered in House Judiciary that is NO better than the current language in HB4411. This language reads like the WV-DEP wrote it - again allowing the unlimited landfilling of Marcellus waste statewide (but does provide for priority of MSW over Marcellus waste and provides for radiation detectors at landfills). GOOD NEWS = A non-profit watchdog group called WV-Citizens Action Group has been granted a public hearing on HB4411. The public hearing in the House Chambers for 5 pm on Monday, February 17, 2014. PLEASE ATTEND! GOOD NEWS = Senator(s) Kessler, Unger and Cann have introduced SB594. It can be viewed at: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb594%20int… Specifically, SB594 allow landfills to take horizontal drill cuttings and associated wastes ONLY if: 1. the solid waste authority adopts a siting plan to allow it; (meaning solid waste authorities can DENY accepting it and/or set a tonnage cap of the Marcellus cell if they decide to accept it) 2. the WV-PSC issues or amends a Certificate of Need (CON) to allow it; 3. the drilling waste is in a separate cell made for those wastes; 4. WV-DEP has to develop standards for the cell liner, leachate system and ongoing leachate management and testing to protect human health and the environment. SB594 will require local input and decision making over the management of Marcellus waste via the ten siting criteria in the siting plan. Those solid waste authorities that are comfortable with accepting the waste, can continue to do so. Those that have concerns, can evaluate those concerns at the local level and then issue or deny a permit via its siting plan. The landfills that are currently accepting the waste can continue to accept it until September 2014 or until the application for the CON or amended siting plan are denied whichever comes first. The two Class A landfills (Harrison and Ohio) that are accepting the drilling waste in large volumes already have a special cell and approval from the PSC and the local solid waste authority is OK with it. The counties that don't want the drilling waste will have the authority, under this bill, to refuse the waste by not approving it via the siting plan. NEXT ACTION ITEM: Please attend the public hearing set for 5 pm on Monday, February 17, 2014 in the House Chambers.

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HB 4411 landfill Hearing monday at 5 (was: DRAFT revised agenda for Monday
by James Kotcon 14 Feb '14

14 Feb '14

Does this affect our departure time for the bus? I think we need at least a few people for that hearing? Jim Kotcon ________________________________ From: Denise Poole <deniseap(a)earthlink.net> Sent: Friday, February 14, 2014 3:19 PM To: Chuck Wyrostok; 'Angie Rosser'; 'Dan Taylor'; 'Dave McM'; 'Gary Z'; James Kotcon; 'Jim Sconyers'; 'John C'; 'Julie Archer'; 'Maya Nye'; 'Norm Steenstra'; 'Don Garvin'; 'David Sturm' Cc: 'Denise Poole'; 'Bill Price' Subject: Re: DRAFT revised agenda for Monday Yes, we need fewer speakers for Press Conference - can others please prepare press statements and make 12 copies for the Press Packet? Bring them to me at the WVEC table. ALSO - A PUBLIC HEARING ON HB 4411 IS SCHEDULED FOR 5:00 PM Denise -----Original Message----- From: Chuck Wyrostok Sent: Feb 14, 2014 3:12 PM To: 'Angie Rosser' , 'Dan Taylor' , 'Dave McM' , 'Gary Z' , 'Jim Kotcon' , 'Jim Sconyers' , 'John C' , 'Julie Archer' , 'Maya Nye' , 'Norm Steenstra' , 'Don Garvin' , 'David Sturm' Cc: 'Denise Poole' , 'Bill Price' Subject: DRAFT revised agenda for Monday Attached; The new, improved, get-it-while-supplies-last DRAFT agenda for Monday. Obviously still a lot to be ironed out. Denise & I spent over an hour this morning coming up with this as a beginning structure. Look it over and chime in.. Chuck Wyrostok Outreach Organizer Sierra Club, WV Chapter T: 877 252 0257 E. outreach(a)marcellus-wv.com www.marcellus-wv.com Water is Life...Keep It Clean Whenever there is a huge spill of solar energy, it's just called a nice day.....

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Fwd: Attend the WVU Law National Energy Conference 2014
by Jim Sconyers 13 Feb '14

13 Feb '14

Let's see --- conference sponsored by coal lawyers, and full color mug shots of two of the biggest friends of coal ever. I'm confident this will be totally unbiased.... But I'm going anyway - need to know their current party line. ---------- Forwarded message ---------- From: WVU College of Law Center for Energy & Sustainable Development < wvulaw(a)mail.wvu.edu> Date: Thu, Feb 13, 2014 at 12:26 PM Subject: Attend the WVU Law National Energy Conference 2014 To: jimscon(a)gmail.com Having trouble viewing this email? Click here <http://campaign.r20.constantcontact.com/render?ca=c1e9879c-b87f-4eb9-b1e7-5…> * Speakers [image: US Senator Joe Manchin] Senator Joe Manchin III(D-W.Va.) * * Charles Patton * President & COO Appalachian Power * Where:* The Erickson Alumni Center West Virginia University One Alumni Drive Morgantown, WV 26506 Driving Directions<http://r20.rs6.net/tn.jsp?f=001bSqZP4Vnwz_eTQGhDVakNjF6Keqh6KGesjcNomczo-Tm…> *When:* Monday, February 24, 2014 at 8:30 AM EDT Add to my calendar<http://r20.rs6.net/tn.jsp?f=001bSqZP4Vnwz_eTQGhDVakNjF6Keqh6KGesjcNomczo-Tm…> WVU Law National Energy Conference 2014 *presented by Steptoe & Johnson PLLC* *REGULATION OF CO2 EMISSIONS FROM POWER PLANTS * *Flexibility and the Path Forward for Coal Dependent States* *February 24, 2014* WVU Erickson Alumni Center Anticipated rules from the Environmental Protection Agency to regulate CO2 emissions from power plants will have significant implications for energy and environmental policy makers, electric generators, and energy consumers nationwide. The rules will have profound impacts on coal dependent regions of the country (those with a significant coal extraction industry, or with electric utilities that rely heavily on coal-fired generation). This one-day conference will feature speakers from air and energy regulatory agencies, electric utilities, energy producers, academic institutions, environmental groups, and public policy organizations to explore legal, policy, economic, and other issues surrounding the new rules, including: 1. EPA's rulemaking process and the likely framework of the EPA rules. 2. Options available to states for complying with the EPA rules. 3. Options available to utilities and other energy producers for complying with the EPA rules. 4. Socio-economic implications for coal dependent states. The public is invited to attend the conference, and admission is free. Registration, however, is required for the lunch. *Click on the link below to register and RSVP for lunch.* *Register Now! <http://r20.rs6.net/tn.jsp?f=001bSqZP4Vnwz_eTQGhDVakNjF6Keqh6KGesjcNomczo-Tm…> * The conference is also offering Continuing Legal Education credit for attorneys for a standard fee. *Register for CLE <http://r20.rs6.net/tn.jsp?f=001bSqZP4Vnwz_eTQGhDVakNjF6Keqh6KGesjcNomczo-Tm…>* <http://events.r20.constantcontact.com/register/decline?oeidk=a07e8isy3qc299…> Conference Website<http://r20.rs6.net/tn.jsp?f=001bSqZP4Vnwz_eTQGhDVakNjF6Keqh6KGesjcNomczo-Tm…> Thank you and we look forward to seeing you at this event. *James Van Nostrand <james.vannostrand(a)mail.wvu.edu>* Director, Center for Energy and Sustainable Development WVU College of Law 304-293-5301 Forward email<http://ui.constantcontact.com/sa/fwtf.jsp?llr=8r5exaeab&m=1103830874683&ea=…> <http://visitor.constantcontact.com/do?p=un&m=001yMnORnNYFB3CLcisOTUxRg%3D%3…> <http://www.constantcontact.com/index.jsp?cc=TEVP_Inv_001> This email was sent to jimscon(a)gmail.com by wvulaw(a)mail.wvu.edu | Update Profile/Email Address<http://visitor.constantcontact.com/do?p=oo&m=001yMnORnNYFB3CLcisOTUxRg%3D%3…> | Instant removal with SafeUnsubscribe<http://visitor.constantcontact.com/do?p=un&m=001yMnORnNYFB3CLcisOTUxRg%3D%3…>(tm) | Privacy Policy <http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp>. WVU College of Law | West Virginia University | College of Law | PO Box 6130 | Morgantown | WV | 26506 -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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fyi, recent Rockefeller speech on Industry and our water pollution issues
by Paul Wilson 08 Feb '14

08 Feb '14

http://www.dailykos.com/story/2014/02/06/1275642/-Sen-Jay-Rockefeller-Slams… -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Re: [EC] [wvec-board] Senate Bill 474
by James Kotcon 04 Feb '14

04 Feb '14

Huffman's bill SB 474, is even worse than the HB 3075 by Nelson, Storch, et al. offered last year. That bill at least had a cap, in that it limited landfills from exceeding their cap for drill cuttings by no more than 40 %. the text of SB 474 consists of a single paragraph added to 22-15-8 as shown below. My position is that the landfill caps are sacred, and if the gas industry produced too much waste, they should haul it to PA or Ohio. JBK (g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste facility may lawfully receive drill cuttings and associated drilling waste generated from horizontal well sites above the monthly tonnage limits of that commercial solid waste facility: Provided, That the drill cuttings and associated drilling waste are placed in a separate cell dedicated solely to the disposal of drilling waste. The secretary may allow solid waste facilities that are actively constructing a separate cell for drilling waste to accept drilling waste until September 30, 2014, without counting it towards the permitted monthly tonnage limits: Provided, That, That under no circumstances may a solid waste facility exclude or refuse to take municipal solid waste until it has reached its monthly permitted tonnage limits. ________________________________ From: wvec-board(a)yahoogroups.com <wvec-board(a)yahoogroups.com> on behalf of dsgjr(a)aol.com <dsgjr(a)aol.com> Sent: Tuesday, February 04, 2014 8:31 AM To: wvec-board(a)yahoogroups.com Subject: Re: [wvec-board] Senate Bill 474 Huffman presented the DEP budget outlook at Senate Finance yesterday afternoon. This bill was just introduced yesterday. It is DEP's bill. So I got a copy of it when it was available, and after the Finance meeting had a conversation with Randy and Kristen Boggs and Scott Mandirola about it. I showed them the bill and asked why radiation meters and monitoring were not included in the bill, as Randy had said they would be. He was surprised and Kristen said it was a mistake done by bill drafting. They said they would fix that. But this is still a bad bill. Don In a message dated 2/3/2014 1:49:21 P.M. Eastern Standard Time, dan(a)ohvec.org writes: Allowing disposal of drill cuttings from well sites in commercial solid waste facilities Ugh, anybody else seen this yet? Thoughts on what to do? -Dan Taylor OVEC __._,_.___ Reply via web post<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJxb2s1dXQ3BF9TAzk3…> Reply to sender <mailto:DSGJr@aol.com?subject=Re%3A%20%5Bwvec-board%5D%20Senate%20Bill%20474> Reply to group <mailto:wvec-board@yahoogroups.com?subject=Re%3A%20%5Bwvec-board%5D%20Senate%20Bill%20474> Start a New Topic<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmczVrZmJqBF9TAzk3…> Messages in this topic<http://groups.yahoo.com/group/wvec-board/message/4119;_ylc=X3oDMTM1am5udWEz…> (4) Visit Your Group<http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmZjA3cXB2BF9TAzk3MzU5N…> [Yahoo! Groups]<http://groups.yahoo.com/;_ylc=X3oDMTJlZTgwdW9lBF9TAzk3NDc2NTkwBGdycElkAzIxN…> * Privacy<http://info.yahoo.com/privacy/us/yahoo/groups/details.html> * Unsubscribe<mailto:wvec-board-unsubscribe@yahoogroups.com?subject=Unsubscribe> * Terms of Use<http://info.yahoo.com/legal/us/yahoo/utos/terms/> . __,_._,___

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SB 373 Hearing Testimony
by James Kotcon 03 Feb '14

03 Feb '14

Attached is a start of testimony for tonight's hearing. I need more input on other items we consider important. JBK

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Freedom cartoon
by James Kotcon 31 Jan '14

31 Jan '14

Great cartoon that we should use. It focuses on the Trans-Pacific Partnership, but it would not take too much to insert your favorite anti-regulatory issue. Jim Kotcon

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Fwd: This Week in OtherWords: The Minimum We Can Do to Fight Inequality
by Paul Wilson 30 Jan '14

30 Jan '14

great cartoon and an article by MaryAnn Hitt. fyi, paul ---------- Forwarded message ---------- From: Emily Schwartz Greco, OtherWords <otherwords(a)ips-dc.org> Date: Wed, Jan 29, 2014 at 12:19 PM Subject: This Week in OtherWords: The Minimum We Can Do to Fight Inequality To: pjgrunt(a)gmail.com Problems viewing this email? Please visit our website at OtherWords.org<http://org.salsalabs.com/dia/track.jsp?v=2&c=pupE5HdeSh1DKPnJuL6r%2Fb%2FBN%…> . [image: Other Words]<http://org.salsalabs.com/dia/track.jsp?v=2&c=u1Pce4lU7nJbhC88l6Lcc4lBZljSSo…> *a project of the Institute for Policy Studies <http://org.salsalabs.com/dia/track.jsp?v=2&c=L1t8sOyntkolupLU%2BHb8M7%2FBN%…>* <http://org.salsalabs.com/dia/track.jsp?v=2&c=AIjqwxoNnNch84BRR0VOMr%2FBN%2B…> Bold Opinions for Newspapers and New Media [image: Emily Schwartz Greco] Dear Friend, This week in OtherWords, Sam Pizzigati and I explain how President Obama fell short in his State of the Union address on economic justice and energy and Mary Ann Hitt weighs in on West Virginia's water-contamination crisis. On our blog<http://org.salsalabs.com/dia/track.jsp?v=2&c=g9BW4aeGMsmceiN0bHxHub%2FBN%2B…>, Karen Dolan sums up "the people's" response to Obama's remarks in verse. Do you need to access all our latest work in a single location? Please view our comprehensive and printable version<http://org.salsalabs.com/dia/track.jsp?v=2&c=qewhO9%2BqCTqoxLsmwpr%2Fs7%2FB…>of this week's commentaries. Are you changing your email address or do any editors you know need to get OtherWords in their inbox every week? Just let me know at otherwords(a)ips-dc.org. Below you'll find our latest commentaries and a new cartoon. Sincerely, Emily Schwartz Greco Managing Editor, OtherWords ------------------------------ Our Latest 1. Another Chapter in Coal's Trail of Pollution<http://org.salsalabs.com/dia/track.jsp?v=2&c=SXD0RcjePy9mMR%2FnC8WpFr%2FBN%…>/ Mary Anne Hitt *The West Virginia chemical spill underscores why we need to do more to safeguard our water supply.* 2. A Fast Track to Eroding Our Rights<http://org.salsalabs.com/dia/track.jsp?v=2&c=9JsuICra9BaardPHjFKWPr%2FBN%2B…>/ Wenonah Hauter *The Trans-Pacific Partnership would have disastrous implications for U.S. consumers.* 3. The Minimum We Can Do to Fight Inequality<http://org.salsalabs.com/dia/track.jsp?v=2&c=sWC62hmtAhj3t4Xx1kWkeb%2FBN%2B…>/ Sam Pizzigati *Obama's State of the Union action agenda won't take us nearly far enough.* 4. Media Silence on an Irate Gun Company's Connection to Sandy Hook<http://org.salsalabs.com/dia/track.jsp?v=2&c=m4D52XLAp%2BnYxqWtXSG3Tr%2FBN%…>/ Jason Salzman *How is Adam Lanza not part of this story?* 5. This Is What Climate Change Looks Like<http://org.salsalabs.com/dia/track.jsp?v=2&c=AAkxm8YUQt7zmglNDZ8ATr%2FBN%2B…>/ Jill Richardson *California isn't experiencing cold weather this winter, but it's as vulnerable to the deepening climate crisis as the rest of the country.* 6. Wisconsin's Cheesy Innovation<http://org.salsalabs.com/dia/track.jsp?v=2&c=Eq0aED0GJUe67VOlS4EA1L%2FBN%2B…>/ Jim Hightower *By spraying city streets with cheese brine, Milwaukee aims to save money and reduce pollution.* 7. Short-Circuiting the Future<http://org.salsalabs.com/dia/track.jsp?v=2&c=8Ai6LaKJhyyer4%2Bg%2FjVxcb%2FB…>/ Emily Schwartz Greco *Fracking is a bridge to nowhere.* 8. The Magic of De-Regulation<http://org.salsalabs.com/dia/track.jsp?v=2&c=p5XM3k1l5pFHe0w41arwwr%2FBN%2B…>/ Khalil Bendib [image: The Magic of De-Regulation]<http://org.salsalabs.com/dia/track.jsp?v=2&c=o%2BB92pnYyD07bExX7ZBh67%2FBN%…> Accompanies Mary Anne Hitt's op-ed, Another Chapter in Coal's Trail of Pollution <http://org.salsalabs.com/dia/track.jsp?v=2&c=PVnJ8l%2BQgRvv7%2F4%2BvV6nFr%2…>and Wenonah Hauter's op-ed, A Fast Track to Eroding Our Rights.<http://org.salsalabs.com/dia/track.jsp?v=2&c=64IvByFSzjmgNpi3XQtHob%2FBN%2B…> ------------------------------ View a few tips<http://org.salsalabs.com/dia/track.jsp?v=2&c=rIcLbLQbD8c2BcKYVCSUp7%2FBN%2B…>for using our website, http://otherwords.org<http://org.salsalabs.com/dia/track.jsp?v=2&c=ZNX7Vd46%2BDzWO%2BAWnYxx5b%2FB…> . *Email managing editor Emily Schwartz Greco at *otherwords(a)ips-dc.org* if you'd like to unsubscribe, change your subscription information, or provide feedback. We're always happy to hear from you.* [image: Creative Commons License] *Telephone:* (202) 234-9382 *Mailing Address:* 1112 16th St. NW, #600 Washington, DC 20036 otherwords(a)ips-dc.org otherwords.org<http://org.salsalabs.com/dia/track.jsp?v=2&c=XryPZ0h7QBHsrPfiR8VyiL%2FBN%2B…> Unsubscribe<http://org.salsalabs.com/dia/track.jsp?v=2&c=q2le9N%2Bm72bG%2FxXw5%2F11TL%2…> -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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from ScienceDaily e-newsletter: Small towns team up to power down
by Paul Wilson 28 Jan '14

28 Jan '14

Small towns team up to power down<http://feedproxy.google.com/~r/sciencedaily/top_news/top_environment/~3/Bml…> Posted: 22 Jan 2014 07:25 AM PST Building on success in Chestertown, Md., the Center for Environment & Society at Washington College is partnering with four more towns on the Eastern Shore to help them significantly reduce energy use and greenhouse gas emissions. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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