Something to Think About
Don Michael, WVFB Director of Governmental Affairs
Trick or Treat – This
month’s article was written a day
before Halloween, that festive
time of year for youngsters of
all ages who attend costume
parties, carve pumpkins into
jack-o’-lanterns, visit haunted
house attractions, and go trickor-treating. As I reflect on
three topics – Tank Program,
Waters of the United States, and the 2015 Legislative
Session – consider the relevance of the words “trick”
and “treat” per a few of the definitions offered by The
Free Dictionary – trick (an act or procedure intended
to achieve an end by deceptive or fraudulent means; a
stupid, disgraceful or childish act or performance) and
treat (a source of delight or pleasure).
The Aboveground Storage Tank (AST) Program
continues to evolve, and with it many unanswered
questions and potential unintended consequences.
Three Farm Bureau members were involved in a recent
stakeholders’ meeting hosted by DEP in Charleston.
The meeting focused on how the rule would work and
our participants returned home with more questions
than answers. DEP has filed its final version of the
AST Interpretive Rule, which can be accessed from
the agency’s home page at www.dep.wv.gov. As
reported last month, the Aboveground Storage Tank
page provides a rough draft of the emergency rule. You
can also find contact information for DEP employees
who can help with the registration process and answer
questions about the program. Per current guidelines,
anyone having aboveground tanks that hold at least 1320
gallons of liquid, are 90 percent or more aboveground,
and are at a fixed location for at least 60 days are subject
to regulation. While this program is not intended as a
“trick,” it is far from a “treat.” Many feel most farming
operations, particularly those outside of a critical
concern/water intake area, should have been exempted
from the rule or at the very least had a 5000 gallon tank
exemption. Rumors still abound about a possible Special
Session to address the AST issue.
The comment period on the “Waters of the United
States” issue was extended until November 14. With
the deadline passed all eyes are on the future to see if
sanity prevails. Since last issue we learned our Attorney
General Patrick Morrisey led 10 other state attorneys
general and six governors in filing official comments
challenging how the U.S Army Corps of Engineers and
Environmental Protection Agency plan to change the
definition of “Waters of the United States.” The 14page letter signed by attorneys general from Alabama,
Alaska, Georgia, Kansas, Louisiana, Nebraska, North
Dakota, Oklahoma, South Carolina, South Dakota and
West Virginia, as well as the governors of Iowa, Kansas,
Mississippi, Nebraska, North Carolina and South
Carolina concludes, “The proposed rule unlawfully and
unconstitutionally seeks to assert federal jurisdiction over
local water and land use management, while making it
impossible for farmers, developers and homeowners to
know when they may carry on their activities without
obtaining an extremely expensive federal permit.” In
closing they also urge EPA and the Corps to meet with
State officials throughout the country to gain a better
understanding of the careful measures these officials are
taking to protect the land and water in their respective
states. Farm Bureau appreciates the efforts of our
Attorney General and other state leaders who have come
forward to assist with this “tricky” situation. It is truly a
“treat” to have such leaders supporting our cause.
The 2015 West Virginia Legislative Session is
around the corner complete with the usual suspense
and fireworks. Lawmakers will be faced with tough
decisions given budget issues driving the session.
Many discussions hint of possible tax increases.
Legislation dealing with private property rights is
again anticipated. Stay tuned for regular legislative
updates (FB Website – www.wvfarm.org, Legislative
Action Report,WV Farm Bureau News, etc.) as we
unite our efforts to ensure positive results “Under
the Dome.” Let us hope that reasonable legislation
prevails so our final scorecard on the 2015 Legislature
will reflect more “treats” than “tricks.”
I leave you with my favorite signage of the week:
PRAYER – The World’s Greatest Wireless Connection!
Until next time, here’s wishing you and your loved ones
God’s very best for Thanksgiving and the CHRISTmas
Season ahead – KEEP SMILING FRIENDS.
West Virginia Farm Bureau News 5