Welcome to the new West Virginia Forestry Association weekly e-Newsletter. Here, we will bring you the latest news important to all segments of the West Virginia forestry community, in a timely way. You may find it interesting that recipients need not be members of WVFA to receive this publication. But, of course, we encourage your membership and your support.

By Douglas W. Bowe, Potesta & Associates, Inc.
Due to the recent chemical leak that affected the potable water supply for a large number of West Virginia residents, renewals under the Multi-Sector General Permit for Stormwater Associated with Industrial Activity (MSGP) for existing facilities will not be as easily accomplished, and will cost more to complete than the permit renewals that were last completed in 2009.

The main factor driving the cost of renewals up is shown in bold font in the second paragraph, last sentence of the renewal notifications the West Virginia Department of Environmental Protection (DEP) is sending out "...along with submission of your ground water and stormwater pollution prevention plans..."

Many years ago, when these two plans were first required, Potesta and Associates, Inc. (POTESTA) put together a generic Pollution Prevention Plan, a combination of the required Groundwater Protection Plans and Stormwater Pollution Prevention Plans. This document, although approved by the agency, required the permittee to fill in the blanks in order to complete and implement the PPP. If this was never accomplished, such a plan will not be acceptable as part of the renewal application. Even if all the blanks were filled in and the plan has been kept up to date and current, recent changes at the DEP will more than likely make the generic plans unacceptable as well.

In our ongoing effort to keep WVFA members educated about issues that may affect them, we have become aware of a proposed rule from the Environmental Protection Agency. On April 19, the Federal Register published a more-than-111,000-word "Waters of the U.S." proposed rule, which reflects the EPA’s latest interpretation of the 1972 Clean Water Act (CWA). Effectively, the proposed rule with eliminate the word "navigable" from the decades old language of the CWA’s jurisdiction over "navigable waters of the U.S." This action could lead to the expansion of federal regulation to cover routine forest management, even though West Virginia is one of the few states to have mandated Best Management Practices to prevent water pollution and the CWA carries a "silvicultural exemption."

As you may be aware, WVFA has a long-standing relationship with MetroNews Radio – 64 stations covering all 55 counties – running WVFA messages consistently, for years. Here is a transcript of one of the two radio "spots" that are currently running:

"The forest products industry in West Virginia is an indispensable part of who we are. Since 1987, it’s grown from 950 million to a 4 billion dollar industry. Even during the tough economy between 2005 and 2012, investing over $56 million in West Virginia and providing thousands of jobs. The members of the West Virginia Forestry Association are working to make sure our forests are a healthy, sustainable resource for the future...Growing that future, and expanding our economy, for all West Virginians, The West Virginia Forestry Association – Ideas that keep growing."

WVFA has teamed with the WV Society of American Foresters to sell their classic "Forester at Home" prints, by Ludwig Knaus. Unframed: $85 Shipping and Handling. Contact the WVFA office to order your copy or for more information at 304-372-1955.