Revitalization Of Communities Is EPA’s Focus In State, Ortiz Says

Adam Ortiz, the U.S. Environmental Protection Agency administrator for Region 3, says the EPA has invested half a billion dollars in West Virginia during the Biden presidency.

State and local environmental advocates welcomed a special guest to the Capitol Tuesday for E-Day.

Adam Ortiz, the U.S. Environmental Protection Agency administrator for Region 3, which includes West Virginia, came to the Capitol to speak to lawmakers and advocacy groups.

Ortiz says the EPA has invested half a billion dollars in West Virginia during the Biden presidency. That money has gone to improving water and wastewater systems and cleaning up abandoned coal mines and industrial sites.

“It’s not just cleaning up the stuff in the past but preparing this infrastructure for the future. So, it’s hard to attract a hotel to a community if you don’t have strong water systems, both drinking water and wastewater. So, we’re partnering with localities partnering with the state because we want to help West Virginia open its next chapter revitalization and you know, cleaning up the old stuff as part of that process.”

Ortiz says West Virginia has the infrastructure and the workforce to support its economic future. He says the EPA’s role is to help the state clean up the legacy pollution of its historical mining and industry.

“So our focus at EPA working with the state is on revitalization, taking a lot of these abandoned mine areas, as well as brownfields. And it wasn’t just coal production here, but also lots of chemicals and companies that are long gone. And often these sites, these properties are right in the middle of, you know, great old towns and cities, they’re connected to the water, they’re connected to the rail. So our job is to help the state clean them up and get them back online economically.”

Ortiz also praised the young people who came to the Capitol to speak out on environmental issues and share their ideas with lawmakers.

“So we’re really cheering on the young people, the universities and the schools for their environmental programs, because they’re going to have the baton before too long.”

Report: Justice Considers Sale Of Family Coal Business

Justice’s term as governor ends next year, and he’s been weighing a challenge to U.S. Sen. Joe Manchin.

Gov. Jim Justice may put his family’s coal business up for sale ahead of a potential U.S. Senate run, The Wall Street Journal reported late Tuesday.

Justice owns numerous companies that operate in West Virginia, Kentucky, Virginia and other states. 

Justice’s term as governor ends next year, and he’s been weighing a challenge to U.S. Sen. Joe Manchin.

The WSJ article noted that the sale of the coal business would help Justice settle substantial debt.

Justice’s companies have paid millions of dollars in fines and penalties in multiple states, much of it related to unfinished mine reclamation.

In January, A&G Coal settled a lawsuit over three unreclaimed mine sites in southwest Virginia. As part of that settlement, A&G must complete reclamation work at the sites by 2025 and face higher fines if the new deadline is not met.

It also agreed to fund reclamation costs of up to $600,000 from coal mined at the three sites.

In December, Bluestone Coke agreed to pay nearly $1 million to settle a lawsuit over air pollution from its coke plant in Birmingham, Alabama. 

The plant had been cited for years for hazardous pollutants from its coking ovens. The health department in Jefferson County, Alabama, went to court in 2021 alleging Bluestone violated its permit and the federal Clean Air Act.

In 2021, a Kentucky judge ordered Justice companies to pay a $3 million penalty, plus interest, for failing to complete reclamation work at three sites in eastern Kentucky. Justice and his son, Jay, were named as defendants in the case.

Justice’s coal business centers primarily on metallurgical coal, the kind that’s used to make steel.

An NPR investigation in 2016 found that Justice’s coal companies owed $15 million in taxes and safety penalties across six states, including nearly $7 million in Kentucky.

Justice was elected in 2016 as a Democrat, but later switched parties.

Justice spokesman Jordan Damron didn’t immediately respond to a request for comment on the sale.

Justice Coal Company Settles Mine Reclamation Suit In Virginia

A&G Coal, one of the Justice family’s numerous companies, settled with three environmental organizations.

A coal company owned by the family of Gov. Jim Justice has settled a lawsuit in Virginia.

A&G Coal, one of the Justice family’s numerous companies, settled with three environmental organizations. As part of the settlement, the company will complete reclamation work at three coal mines in southwest Virginia.

Appalachian Voices, Southern Appalachian Mountain Stewards and the Sierra Club had sued A&G over stalled reclamation at 3,300 acres of mine lands.

A&G must complete reclamation at all three sites by 2025. A 2014 consent agreement with the state of Virginia resulted in limited reclamation.

Unlike the prior agreement, the settlement is enforceable by court order. A&G would owe higher fines if it fails to meet the new deadlines.

A&G will also fund reclamation costs of up to $600,000 from coal mined at the three sites.

Millions In AMLER Funds Coming To Transform Coal Communities

West Virginia will receive $26.6 million in funds from the federal Office of Surface Mining, Reclamation and Enforcement.

West Virginia will receive $26.6 million in funds from the federal Office of Surface Mining, Reclamation and Enforcement.

That’s for the Abandoned Mine Land Economic Revitalization program. Pennsylvania and Kentucky will receive similar amounts. Ohio, Virginia and Alabama will receive $10.6 million each, and three tribal governments will receive $3.5 million each.

The AMLER program was created in 2016 and has helped repurpose abandoned mine lands and create recreational opportunities for affected communities.

For example, an AMLER grant is helping to close a gap in the Elk River Trail, a new state park built on an abandoned coal-hauling railroad in central West Virginia.

Other AMLER recipients have started new businesses or built solar farms at or near mine sites.

The grants are in addition to the $140 million in Abandoned Mine Land funds for West Virginia from the Infrastructure Investment and Jobs Act of 2021.

State To Receive An Additional $27 Million For Mine Reclamation

The state will receive nearly $27 million from the Office of Surface Mining Reclamation and Enforcement. That’s in addition to the $140 million the state received in February.

West Virginia will receive a new round of federal funds to clean up abandoned mines.

The state will receive nearly $27 million from the Office of Surface Mining Reclamation and Enforcement. That’s in addition to the $140 million the state received in February.

West Virginia has hundreds of abandoned mines, and the federal Abandoned Mine Land Economic Revitalization program helps clean them up, improving the environment, creating jobs and converting hazardous sites to productive use.

Separately, two communities in Southern West Virginia will receive federal COVID-19 relief funds for broadband and water projects.

More than $6 million will go to the McDowell County Public Service District to provide water and fire protection services to about 50 businesses in Welch.

More than $1 million will go to Regional Optimal Communications in Princeton to complete a statewide plan for affordable broadband.

Energy Bills Move Forward As Legislature Winds Down Session

State lawmakers wrapped up energy related legislation in the final hours of the session, including a bill to create a Mining Mutual Insurance Company.

The Senate unanimously approved the final version of Senate Bill 1 on Saturday, and it becomes effective immediately when the governor signs it.

SB 1 creates a five-member board to manage at least $50 million in taxpayer funds. Those funds would back mine reclamation bonds.

An audit last year found that the state’s special reclamation fund was not adequate to cover future mine cleanup obligations, potentially exposing the state to hundreds of millions of dollars in liabilities.

Senate President Craig Blair identified SB 1 as one of his top priorities, and in a rare move, he sponsored the bill.

Advanced Batteries

The House sent House Bill 4025 back to the Senate late Saturday with an amendment removed, but the chamber didn’t act on it before the session expired.

The bill would have exempted rare earth minerals mined in the state from severance taxes. Its supporters say that will encourage the development of advanced battery technology for use in electric vehicles and storage batteries for renewable energy.

Carbon Storage

Both chambers finished action earlier this month on House Bill 4491, with the Senate agreeing unanimously to the legislation.

HB 4491 will create a permitting system for underground carbon storage. The system could help carbon-intensive industries, such as power plants, steelmakers and cement companies, meet their carbon-reduction or net-zero goals.

The stored carbon could also be used in the future and meanwhile would not be released into the atmosphere.

Nuclear Power

Senate Bill 4 made it across the finish line and to the governor’s desk last month.

SB 4 repealed the state’s longstanding ban on the construction of new nuclear power facilities. The ban was enacted over concerns about nuclear safety and to protect the state’s coal industry from a competitor.

But times have changed. Gov. Jim Justice, a coal executive, signed the repeal. It will take effect on May 1, 2022.

Mine Safety

A bill to change the state’s mine safety code didn’t get very far.

House Bill 4840 would have made changes that Democrats, many Republicans and the United Mine Workers of America said would have weakened safety.

An intensive lobbying effort by mine workers and their allies effectively sidelined the legislation.

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