Archive for April, 2010

Mine safety hearing takes shape; Harkin eyes broader focus

April 24, 2010
By Ben Geman – 04/23/10 05:14 PM ET
A Senate hearing next Tuesday on coal mining safety will also explore workplace hazards more broadly, according to the Senate Health, Education, Labor and Pensions Committee that will host the April 27 session.

The hearing will be the first on Capitol Hill to address the April 5 explosion at the Upper Big Branch mine in West Virginia the killed 29 workers, the nation’s worst mining disaster in four decades.

“This hearing will examine weaknesses in our laws that provide incentives for companies to ignore the health and safety of workers – such as inadequate penalties and the excessive delays that employers can create in challenging citations,” a committee announcement states.

“These issues will be explored both in the context of mine safety and non-mine workplaces, where this is an equally prevalent problem, but will not explore the scientific causes of the Upper Big Branch Mine disaster due to the ongoing investigation,” the committee said.Committee Chairman Tom Harkin (D-Iowa) and other lawmakers, including Sen. Jay Rockefeller (D-W.Va.), are exploring changes to mine safety laws. Rockefeller said April 20 that he expects legislation that toughens safety rules to reach the floor this year.

Here’s the witness list for the April 27 Senate hearing:

Panel I



Joe Main, Assistant Secretary of Labor for Mine Safety and Health, Washington, DC




Panel II



Cecil Roberts, President, United Mine Workers, Triangle, VA



Jeff Harris, Mine Worker, Farley, WV 



Wes Addington, Deputy Director, Appalachian Citizens’ Law Center, Whitesburg, KY



Bruce Watzman, Senior Vice President, Regulatory Affairs, National Mining Association, Washington, DC




Panel III 



David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, Washington, DC




Panel IV



Peg Seminario, Director of Safety and Health, AFL-CIO, Bethesda, MD



Holly Shaw, Philadelphia, PA 



Dr. Michael Brandt, Board President (2010-2011), American Industrial Hygiene Association, Los Alamos, NM 



Kelli Heflin, Coordinator of Regulatory Compliance and Safety Manager, Scott’s Liquid Gold, Denver, CO

Obama attacks mining and other industries

April 16, 2010
By Ben Geman – 04/16/10 06:00 AM ET

President Barack Obama on Thursday launched a new populist battle against mining companies, echoing his attacks on major Wall Street banks and other corporate interests he accuses of putting profits ahead of the public interest.

Obama, responding to the West Virginia coal mining accident last week that killed 29 workers, accused the industry of shirking safety rules and using legal loopholes that keep regulators at bay.

“It is clear that while there are many responsible companies, far too many mines are not doing enough to protect their workers’ safety,” Obama said.

 He promised a wide-ranging investigation of the accident, and more broadly said the administration would work with Congress to boost enforcement of laws and reform them. Obama also said the Labor Department would streamline rules that allow regulators to take action against mines with patterns of safety problems.

Obama’s offensive against the mining industry follows other populist attacks in the debates over healthcare and financial legislation.

On those two issues, Obama and Democrats have cast Republicans as siding with the powerful interests and against ordinary citizens.

Obama on Wednesday did not link the GOP with the mining industry, but the hint to Republicans was clear.

“The implication is that Republicans are on the side of corporations,” said Ross Baker, an expert on the presidency and a political science professor at Rutgers University.

He said the president’s move toward populism and his outrage over the mining tragedy “fit together nicely.”

“Obviously, they don’t want to appear to be capitalizing on a tragedy, but at the same time it does give them an opportunity to underscore their alliance with everyday Americans against big corporations,” Baker said.

This is a situation that “kind of falls into your lap,” that allows for the White House to side with the American people without taking any direct swipes at the GOP opposition, he said.

Democrats believe that by casting health insurance companies as the villains in the final weeks of the healthcare debate, they boosted support for their bill.

In the fight over Wall Street reform, the White House on Wednesday suggested opponents were siding with lobbyists for the powerful financial industry, and that it would not agree to loopholes and special-interest carve-outs in a final bill. Obama and Democrats have made it clear they feel public will is behind them on that issue as well.

Populist rhetoric has also been a part of Obama’s attacks on the Supreme Court’s decision in the controversial Citizens United case that knocked down restrictions on corporate and union political spending. Democrats are set to introduce legislation in the House and Senate seeking to amend campaign finance rules in light of the decision, and they believe the issue will help them in the fall campaign.

Obama referenced his criticism of the decision last week when he said he would seek a successor to retiring Justice John Paul Stevens who would support the common man against the powerful interest.

“It will also be someone who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens,” Obama said.

Stevens was among the dissenters in the court’s 5-4 decision in the Citizens United case.

Obama on Thursday directed his toughest comments toward Massey Energy Co., which owns the Upper Big Branch mine in West Virginia where the 29 workers died in an explosion April 5 — the worst mining disaster in decades. But he also called the problems more widespread in arguing that mine-safety legislation passed in 2006 does not go far enough.

“Safety violators like Massey have still been able to find ways to put their bottom line before the safety of their workers, filing endless appeals instead of paying fines and fixing safety problems,” he said in comments from the White House Rose Garden aired live on cable television.

Obama said Massey must be “held accountable for decisions they made and preventative measures they failed to take.”

Carol Raulston, a spokeswoman for the National Mining Association, said the group is in sync with the White House on the need for worker protection.

“We share the president’s view that it is the responsibility of every mine operator to provide for mine safety, and for MSHA [the Mine Safety and Health Administration] to protect the safety of workers,” she said.

But she also defended the industry, stating that 85 percent of U.S. mines lost no worker time to injuries last year.

“The huge percentage of American mines operate safely and they operate safely every day. We continue to stress that as our No. 1 objective,” she said.
“Something clearly went wrong at this mine, with terrible results. We anxiously await the outcome of the investigation,” she added.

The president also called government to task, calling for a review of the federal Mine Safety and Health Administration (MSHA). But even when focusing on the federal bureaucracy, he noted, “For a long time, the mine-safety agency was stacked with former mine executives and industry players.”

Now, he added, it is run by former miners and safety experts, citing top MSHA officials Joe Main, who was a longtime health and safety official with the United Mine Workers of America, and Kevin Stricklin. Both Stricklin and Main were present when Obama made his comments on Thursday.

Obama said there would be an immediate new review of mines with “troubling” safety records and that inspectors would be dispatched to those mines right away.

He said the administration would “work with Congress to strengthen enforcement of existing laws and close loopholes that permit companies to shirk their responsibilities.”

Utility hikes hit poor the hardest

April 13, 2010

Listen to Kentucky’s Office of Mine Safety and Licensing Executive Director Johnny Greene discuss on NPR Radio Mine Rescue Teams in Emergency Situations

April 8, 2010

To Listen Click Here:

http://www.kentuckycoal.org/documents/safety.mp3

House liberals shift climate tactics, will not draw ‘lines in the sand’

April 7, 2010
By Russell Berman – 04/07/10 06:00 AM ET

Liberal House Democrats are shifting their political tactics on climate change after failing to secure a public option in the new healthcare reform law.

The move comes in the wake of liberals having to walk back threats that they would vote against a healthcare bill without a government-run program.

“Drawing the line in the sand too quickly was part of the lesson we learned on healthcare,” the co-chairman of the Congressional Progressive Caucus, Rep. Raúl Grijalva (D-Ariz.), told The Hill.
 

Grijalva voiced strong concerns about the direction of the climate and energy bill, which has moved toward the center as Democrats try to build a bipartisan consensus that can win 60 Senate votes. Sens. John Kerry (D-Mass.), Joe Lieberman (I-Conn.) and Lindsey Graham (R-S.C.) are leading the effort in the upper chamber to pass a comprehensive bill.

A cap-and-trade program, which was included in the House bill that passed last year, is likely to be jettisoned, and President Barack Obama disappointed liberals last week by announcing his support for expanding offshore oil drilling. The president’s decision was seen as a move to garner the support of conservative Democrats and Republicans who would be open to voting for a comprehensive climate and energy measure.

To read more click here:  http://thehill.com/blogs/e2-wire/677-e2-wire/90905-house-liberals-shift-climate-tactics

A Response From KCA President Bill Bissett on EPA’s Recent Action

April 6, 2010

EPA MOVES TO END COAL MINING IN SIX APPALACHIAN STATES

Explanation

On April 1 the United States Environmental Protection Agency (EPA) issued comprehensive guidance to its regional offices with Clean Water Act permitting responsibilities in the Appalachian states which clarifies requirements of Section 402 and 404 of the Clean Water Act relating to the effects of surface mining activities on watercourses in the area. The principal element of the guidance is a directive that the conductivity of waters affected by mining activities be maintained at a level that does not exceed 500 microSiemens per centimeter. Conductivity is a measure of water’s ability to conduct an electric current and is commonly used to determine the extent to which salts, such as sulfate and bicarbonate, are present in the water.

Objections

The EPA is acting unlawfully through a process that they established. They are not following the clear rule-making guidelines in an attempt to rush these new water guidelines into practice.

The EPA is acting without input from their own review committee, which they established for these kind of complicated decisions. They are now sending the guidelines to review committee, but will begin evaluation of all new permits prior to the review committee’s recommendation.

No other industry is expected to meet these guidelines…yet. As explained above, Conductivity is affected by any industry that disturbs dirt or rock and involves the use of water resources.  Granted, coal mining, whether surface or underground, involves such movement of dirt and rock and involves the use of water. However, road construction, building development, agriculture, and a wide variety of other industries have similar environmental impacts, but this new guideline will not be applied to them.

 Six states – Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia – must adhere to these guidelines. What about the other forty-four states? Why just these six states?

These guidelines were produced with no input from the mining industry. No one from the coal industry was asked in advance to provide input on these guidelines.

 These guidelines were announced without any consideration about how negatively this action would damage the states where it is being enforced.  The EPA continues to operate in a vacuum and takes action with no regard for how their decision will decimate economies outside of Washington DC.

Long-Range Implications

These changes will eventually shut down the vast majority of Kentucky’s coal mining operations, which will cause massive layoffs in rural areas of the Commonwealth. Additionally, Kentucky will produce less coal, which will increase the price that consumers and companies pay for electricity.

This action will negatively impact surface and underground mining.  This issue is not about water quality. If it were about water quality, it would apply to all dischargers and all fifty states. The issue could result is in the end of coal mining in Appalachia.

Economic Snapshot of Coal Mining in Kentucky

 In 2008, 120 million tons of coal were mined in Kentucky.

Coal mining in Kentucky employs more than 17,000 miners. For every one coal miner, three other jobs depend on this one miner for their existence, thus increasing the employment connected to coal to nearly 70,000 jobs.

Currently, Kentucky has the fourth-lowest electric rate in the nation.

EPA Issues Comprehensive Guidance to Protect Appalachian Communities From Harmful Environmental Impacts of Mountain Top Mining

April 1, 2010

FOR IMMEDIATE RELEASE

April 1, 2010

 

EPA Issues Comprehensive Guidance to Protect Appalachian Communities From Harmful Environmental Impacts of Mountain Top Mining

 

Guidance provides additional clarity and ensures stronger protection at projects in Ohio, Pennsylvania, West Virginia, Kentucky, Virginia and Tennessee

 

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today announced a set of actions to further clarify and strengthen environmental permitting requirements for Appalachian mountaintop removal and other surface coal mining projects, in coordination with federal and state regulatory agencies.  Using the best available science and following the law, the comprehensive guidance sets clear benchmarks for preventing significant and irreversible damage to Appalachian watersheds at risk from mining activity.

Mountaintop removal is a form of surface coal mining in which explosives are used to access coal seams, generating large volumes of waste that bury adjacent streams. The resulting waste that then fills valleys and streams can significantly compromise water quality, often causing permanent damage to ecosystems and rendering streams unfit for swimming, fishing and drinking. It is estimated that almost 2,000 miles of Appalachian headwater streams have been buried by mountaintop coal mining.

“The people of Appalachia shouldn’t have to choose between a clean, healthy environment in which to raise their families and the jobs they need to support them. That’s why EPA is providing even greater clarity on the direction the agency is taking to confront pollution from mountain top removal,” said EPA Administrator Lisa P. Jackson. “We will continue to work with all stakeholders to find a way forward that follows the science and the law. Getting this right is important to Americans who rely on affordable coal to power homes and businesses, as well as coal communities that count on jobs and a livable environment, both during mining and after coal companies move to other sites.”

EPA’s Actions:

  • Improved Guidance and Clarity: EPA is communicating comprehensive guidance to its regional offices with permitting responsibility in Appalachian states. The guidance clarifies existing requirements of the Section 402 and 404 Clean Water Act permitting programs that apply to pollution from surface coal mining operations in streams and wetlands. The guidance details EPA’s responsibilities and how the agency uses its Clean Water Act (CWA) authorities to ensure that future mining will not cause significant environmental, water quality and human health impacts. EPA also expects this information will provide improved consistency and predictability in the CWA permitting process and help to strengthen coordination with other federal and state regulatory agencies and mining companies.
  • Strong Science: EPA is making publicly available two scientific reports prepared by its Office of Research and Development (ORD). One summarizes the aquatic impacts of mountaintop mining and valley fills. The second report establishes a scientific benchmark for unacceptable levels of conductivity (a measure of water pollution from mining practices) that threaten stream life in surface waters.  These reports are being published for public comment and submitted for peer review to the EPA Science Advisory Board.
  • Increased transparency: EPA is creating a permit tracking Web site so that the public can determine the status of mining permits subject to the EPA-U.S. Army Corps of Engineers Enhanced Coordination Procedure (ECP).

 

A growing body of scientific literature, including previous and new studies performed by EPA, show significant damage to local streams that are polluted with the mining runoff from mountaintop removal. To protect water quality, EPA has identified a range of conductivity (a measure of the level of salt in the water) of 300 to 500 microSiemens per centimeter. The maximum benchmark conductivity of 500 microSiemens per centimeter is a measure of salinity that is roughly five times above normal levels.  The conductivity levels identified in the clarifying guidance are intended to protect 95 percent of aquatic life and fresh water streams in central Appalachia.

EPA will solicit public comments on the new guidance. The guidance will be effective immediately on an interim basis. EPA will decide whether to modify the guidance after consideration of public comments and the results of the SAB technical review of the EPA scientific reports.

The EPA guidance identifies improvements in mining practices and operations that will reduce adverse impacts on water quality. EPA will continue to work with coal companies that are interested in modifying their projects to reduce their environmental footprint and prevent harm to water quality and human health. Earlier this year, EPA approved the Hobet 45 permit in West Virginia.  Working with the mining company, EPA was able to reduce stream impacts by almost 50 percent and minimize mine runoff into surface waters.  Those changes helped permanently protect local waters, maximize coal recovery and reduce costs for the operators.     

In contrast, EPA recently proposed to significantly restrict or prohibit mountaintop mining at the Spruce No. 1 surface mine in Logan County, W. Va. Attempts at dialogue with the company failed to ensure a significant decrease of environmental and water quality impacts from the project.  The Spruce No. 1 mine, as proposed, would bury more than seven miles of headwater streams, directly impact 2,278 acres of forestland, and degrade water quality in streams adjacent to the mine.  The project was permitted in 2007 and subsequently delayed by litigation. 

 

EPA’s guidance offers recommendations to its regions on the application of the National Environmental Policy Act (NEPA) to surface coal mining projects permitted by the U.S. Army Corps of Engineers. The Corps is separately announcing plans for rulemaking to expand the scope of NEPA review. EPA is supportive of this effort and will work closely with the Corps.

 

All the documents: http://www.epa.gov/owow/wetlands/guidance/mining.html

 

Fact Sheet on EPA Guidance and Scientific Reports

 

Additional Comprehensive Guidance

 

EPA is issuing comprehensive guidance clarifying the standards that its regional offices should apply in permitting reviews of Appalachian surface coal mining projects under the Clean Water Act (CWA). This guidance directs EPA field staff to coordinate with their federal and state regulatory partners to strengthen the environmental review of new Appalachian surface coal mining projects and to improve protection of the communities’ local water and environment.  More specifically, the guidance:

  • Incorporates the latest scientific information in clarifying how CWA permits should assure compliance with existing water quality standards to protect the use of streams by communities and to ensure healthy aquatic life.
  • Clarifies how CWA requirements apply to the disposal of mining overburden in streams to reduce the size and number of valley fills, to limit water quality contamination of streams near mining operations, and to prevent significant environmental degradation of streams and wetlands.
  • Improves opportunities for the voices of adversely affected Appalachian communities to be heard in the process of reviewing proposed new mining operations.

 

EPA Releases Two Draft Scientific Reports for Public Comment 

 

  • Field-Based Aquatic Life Benchmark for Conductivity

             

This draft report adapts EPA’s traditional approach for developing water quality criteria to field data in central Appalachia in order to develop a conductivity benchmark protective of stream life in Appalachian surface waters.  Conductivity is a measure of the level of salinity (salt) in the water. There are mining materials that are dumped or runoff into water that can raise the salinity level that turns fresh water into salty water. When this happens, living organisms have difficulty surviving because they cannot tolerate the high salinity level.

The draft report makes the following conclusions:

  • The salinity of water has been shown to negatively affect aquatic organisms (stream life).
  • By plotting the conductivity levels at which organisms are no longer observed in streams, we can determine a level of conductivity that results in their loss. EPA identified a benchmark of 300 microSiemens per cm (units of conductivity) that protects 95 percent of aquatic organisms living in streams in central Appalachia.
  • EPA derived this benchmark using more than 2,000 field samples collected in West Virginia. These results were validated using data from Kentucky. 
  • Although the method is applicable to any region, the value 300 is only applicable to Central Appalachian streams containing the types of salts found in those streams.
  • Additional analyses demonstrate that the observed effects on the aquatic community are due types of salts that are consistent with minerals leached from mountaintop mining operations and not to other variables that were evaluated.  

 

  • Mountaintop Mining / Valley Fill Impacts Report

 

EPA’s Office of Research and Development (ORD) conducted a literature review of peer-reviewed studies focusing on aquatic environmental and water quality impacts of mountaintop mining and valley fills.  The draft report among other conclusions, found:

  • Burial of headwater streams by valley fills causes permanent loss of ecosystems.   
  • Concentrations of salts as measured by conductivity are, on average, 10 times higher downstream of mountaintop mines and valley fills than in un-mined watersheds.
  • The increased levels of salts disrupt the life cycle of freshwater aquatic organisms and some cannot live in these waters. 
  • Water with high salt concentrations downstream of mountaintop mines and valley fills is toxic to stream organisms. To date, there is no evidence that streams that undergo a restoration process have returned to their normal ecological functions after the mining is completed.  

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