EPA’s stated purpose for its new regulation was to provide greater clarity. Unfortunately the final rule appears to fall far short of that objective. The outcome is both confusing and disappointing. WVFA opposed the draft WOTUS rule, primarily because of its categorical determination that WOTUS included ditches, ephemeral and intermittent streams and undefined water features adjacent to rivers and other navigable waters. The final rule seems to make improvements in some places by appearing to exempt many ditches and wetlands with normal silviculture operations from a WOTUS designation. Yet, finer details in the rule reveal that EPA reserves the authority to categorize such features as WOTUS on a case-by-case basis. This means that these features may be WOTUS unless and until EPA determines otherwise. The final rule establishes a categorical determination that intermittent and ephemeral streams are WOTUS, although the agency has never previously made such a determination.

U.S. Chamber of Commerce Senior Vice President of Environment, Technology, & Regulatory Affairs William Kovacs issued the following statement on the Environmental Protection Agency’s (EPA) final Clean Water Rule, which was originally referred to as "Waters of the United States":

"Over the last 13 months, it has become clear that the EPA’s proposed rule would significantly broaden federal regulatory jurisdiction over private activities on land and in waterways, wetlands and drainage ditches, and fundamentally change the scope and extent of long-standing state delegated Clean Water Act programs. Since issuing the proposed rule for public comment in April 2014, the agencies have somehow maintained that the proposal will have no significant regulatory or economic impact, and in fact the agency is simply ‘clarifying’ the current state of federal jurisdiction over waters. Such statements fly in the face reality.

Read about developments in treating White Nose Syndrome...

A leading coalition of forest owners, wood suppliers and manufacturers of pulp and paper goods announced today the creation of Biomass101.org, a clearinghouse for scientifically sound information on carbon-neutral bioenergy. Biomass101 is an effort jointly produced by the American Forest & Paper Association, American Wood Council, Forest Resources Association, and National Alliance of Forest Owners.

Since last week's article "How Loggers Can Help Protect Water Quality," we have heard advice from competent legal counsel that the language of Code of state rules 47-11 section 2.2.a refers specifically to surface and ground waters of the state. That is, spills other than into these waters are not subject to this rule; although, DEP may maintain otherwise. Our counsel - and WVFA - wants to hear about any instances where this rule is applied other than to the subject waters.

Date	Place	Contact	Time
6/1/2015	Gardner, USFS Bldg	Beckley 304-256-6775	8:00am
6/3/2015	Farmington Community Building	Farmington 304-825-6983	8:00am
6/8/2015	Lewisburg	Beckley 304-256-6775	8:00am
6/9/2015	Elkins(Wood Technology Center)	Beckley 304-256-6775	8:00am
6/10/2015	Elizabeth – Wirt VFD	Elizabeth 304-275-0261	8:00am
6/17/2015	Milton VFD	Milton 304-743-6186	8:30am

Note addition of WV Loggers Council meeting (bottom of second page)

West Virginia Trade Mission to Japan - October 12-16, 2015 - Now accepting applications
Event Objective: Connecting WV small businesses with potential buyers and distributors in Japan
Location: Tokyo and Osaka
Cost: $500

Sectors for sales opportunities include but are not limited to:
Commercial Sectors
• Aerospace
• Cosmetics/Toiletries (COS)
• Education and Corporate Training
• Medical Equipment (MED)
• Nuclear Decontamination in Fukushima
• Pharmaceuticals (DRG)
• Renewable Energy
• Safety and Security (SEC)
• Telecommunication Equipment (TEL)
• Travel and Tourism

Commercial Sectors
• Various products

To apply or request more information, please contact Enybe Diaz enybe.diaz@wv.gov Tel. 304-957-2018

To learn more about conducting business in Japan, visit internet website:
http://www.export.gov/japan/build/groups/public/@eg_jp/documents/webcontent/eg_jp_076502.pdf