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

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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.

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