Congressmen to EPA: New Guidance for Permits is 'Wrong Approach'

CHARLESTON, W.Va., May 7 /PRNewswire-USNewswire/ -- U.S. Representatives Nick J. Rahall (D-WV), Alan B. Mollohan (D-WV) and Rick Boucher (D-VA) have called upon  the U.S. Environmental Protection Agency (EPA) to withdraw the Guidance it issued on April 1 regarding coal mining permits in Appalachia.  The lawmakers expressed their concern with EPA's use of a conductivity standard and the inequitable treatment of Appalachian coal mining in the Guidance in a May 5 letter to EPA Administrator Lisa Jackson.  

"We applaud the members of Congress for publicly identifying the same faults with the EPA's new Guidance on water quality standards that most residents of the affected states see," said Bryan Brown, West Virginia state coordinator for the FACES of Coal campaign. "There are serious scientific doubts about using conductivity as a water quality standard but beyond that, only enforcing those standards in 6 states of a 50 state country is prejudicial, economically devastating and just plain wrong."

The April 1st Guidance announcement came days after the EPA began the veto process for an already approved permit for the Spruce No.1 mine in Logan County, WV. The EPA has only used this veto authority 12 times in 38 years, and has never used its authority to veto an existing permit.  A public hearing on the potential veto will take place in Charleston, WV on May 18th.

"I think the EPA will get a good understanding of how concerned West Virginians are about jobs leaving this state because of unfair permitting practices and, worse, the reopening and potentially vetoing of approved permits," continued Brown. "We want and deserve what we have asked for—a fair and clear processes for permitting. EPA's April 1st Guidance is nothing more than a means to end coal mining in this region."

The Federation for American Coal, Energy and Security (FACES of Coal) is an alliance of more than 60,000 people from all walks of life who are joining forces to educate lawmakers and the general public about the importance of coal and coal mining to our local and national economies and to our nation's energy security.  In addition to keeping tens of thousands of people employed in good-paying jobs, coal is the lifeblood of our domestic energy supply, generating nearly half the electricity consumed in the United States today.

The full text of the letter follows:

May 5, 2010

Lisa P. Jackson, Administrator

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Ave. NW

Washington, DC 20460

Dear Administrator Jackson:

We write to express our concerns about the April 1, 2010, Guidance on EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order.  While we have been urging the agency to provide clarity about the permitting process, we believe that this guidance is premature largely because we do not believe that full consideration has been given to the far-reaching implications of the policies it espouses, especially as it relates to conductivity.

Essentially, EPA is seeking to bootstrap conductivity as a section 402 effluent limitation standard through the section 404 process.  And to do so only in Appalachia, and only with respect to surface coal mining operations.  Not only is there no precedent for such an action, but it is also patently a wrong approach to implementing the Clean Water Act.  This is a national law and should be applied evenly and equally throughout the country as has been done in the past, and there is simply no justification for departing from that practice.  

Never before this Administration has the Appalachian coal mining industry been required to address questions of conductivity and much remains to be learned before we can possibly understand how conductivity limits will impact coal mining, both surface and underground, as well as any number of essential economic activities, such as road construction that is also critical to allowing the Appalachian region to achieve economic equity.  To wit, we must question why a hardrock mining operation in California, or a shopping mall construction project in New Jersey, which may impact an intermittent or ephemeral stream, should not be held to the same standard.

Aiming this guidance only at surface coal mining in Appalachia increases the disadvantage already suffered by the industry in this region when compared to Western mining operations.  In fact, it speaks volumes that the guidance specifically notes environmental justice as one of the principles driving these policies but sorely fails to address the equally noble goal of economic fairness.  The Appalachian states know all too well the challenges of economic inequity and any actions that would serve to further undermine the fragile economy of this region ought to be met with a robust federal effort to shore up and improve the economy.  

For these reasons, we urge you to withdraw the April 1, 2010, Guidance and continue to work with the affected States, the involved federal agencies, and all stakeholders to develop guidelines that truly provide a balanced process for energy development and environmental protection.  

Sincerely,

Nick J. Rahall, II

Alan B. Mollohan

Rick Boucher

SOURCE FACES of Coal