Archive for the ‘Mountaintop Mining’ Category

EPA Decides to Veto Spruce Permit, Now Threatens Certainty of All Permits

January 13, 2011

Press Release

For Immediate Release

Contact:
Carol Raulston
(202) 463-2610
craulston@nma.org

January 13, 2011

EPA’s Spruce Veto Threatens Certainty of All Permits

The following statement was released by National Mining Association (NMA) President and CEO Hal Quinn following today’s veto announcement by the U.S. Environmental Protection Agency (EPA) of an existing Section 404 permit issued in 2007 under the Clean Water Act (CWA) to Mingo Logan’s Spruce No. 1 mine in West Virginia:

 Washington, D.C.  “EPA’s veto of an existing, valid permit for the Spruce No. 1 mine threatens the certainty of all Section 404 permits—weakening the trust U.S. businesses and workers need to make investments and secure jobs.  The Spruce permit was issued after a robust 10-year review, including an exhaustive Environmental Impact Statement.  EPA participated fully in the comprehensive permitting process, and the project has abided by every permit requirement.

 “EPA has taken this unprecedented action—never before contemplated in the nearly 40 years since the enactment of the Clean Water Act—at a time of great economic uncertainty.  NMA urges the administration to step back from this unwarranted action and restore trust in the sanctity of lawfully granted and abided by permits and the jobs and economic activity they support.”

The National Mining Association (NMA) is the voice of the American mining industry in Washington, D.C. Membership includes more than 325 corporations involved in all aspects of coal and solid minerals production including coal, metal and industrial mineral producers, mineral processors, equipment manufacturers, state mining associations, bulk transporters, engineering firms, consultants, financial institutions and other companies that supply goods and services to the mining industry.

EPA likely to decide today on W.Va. mountaintop removal veto

January 13, 2011
From Politico
By JOSH VOORHEES & DARREN GOODE | 01/13/11 5:57 AM EDT

(With reporting from Patrick Reis, Darren Goode and Robin Bravender)

SCOOP – EPA is likely to announce a final decision today on whether it will retroactively veto one of West Virginia’s largest mountaintop removal coal mines, industry and environmental sources tell POLITICO’s Patrick Reis. The agency has spent the last several months considering whether it should retract Arch Coal’s Spruce No. 1’s Clean Water Air permit – a move that would suspend most major activity at the southern W.Va. facility – and the industry is bracing for defeat. “There’s no reason to believe they won’t veto it,” one industry insider said.

But a lack of hope among industry groups has not resulted in a lack of effort. A coalition including everyone from the National Mining Association to the United Egg Producers appealed to a higher power yesterday, asking White House CEQ chief Nancy Sutley to overrule EPA with the argument that the agency has no business rolling back a permit that has already been issued. (CEQ said they’ll leave the decision up to EPA.)

A REFRESHER COURSE – In the nearly four decades since the Clean Water Act was passed, EPA has never retroactively vetoed a permit. The Bush administration signed off on the Spruce permit in 2007, but the Obama team is taking another look. EPA’s Appalachian regional administrator Shawn Garvin recommended in October that his agency retract the permit, saying it would cause unacceptable damage to local rivers and streams.

Mountaintop mining battle escalates

December 21, 2010

By Andrew Restuccia - 12/20/10 07:18 PM ET

State of Play: Mountaintop mining battle escalates 

A bipartisan group of coal-country lawmakers is pressing the Obama administration not to block a major West Virginia mountaintop mining project — a campaign that could foreshadow wider energy and environmental battles next year.

House members from West Virginia, Kentucky and Virginia — including the incoming chairmen of the House Appropriations Committee and a key Energy and Commerce Committee panel — wrote to President Obama on Friday expressing “deep concern” over EPA’s potential veto of the Spruce No. 1 mine’s permit. 

A senior EPA official recommended a veto in October but a final decision has not been made.

The letter says the possible nixing of the mine, in concert with EPA’s tougher line on mountaintop mining in general, “are having a chilling effect on the coal industry in Appalachia — an industry that supplies affordable energy to families across the country.” 

The nine signatories include incoming Appropriations Committee Chairman Hal Rogers (R-Ky.), Ed Whitfield (R-Ky.), who will head the Energy and Power Subcommittee, and Nick Rahall (D-W.Va.), the current Natural Resources Committee chairman who will be the ranking Democrat on the Transportation and Infrastructure Committee in the GOP-led House.

“Perhaps most disturbing, by vetoing a permit that has already been issued, the EPA will spur turmoil across numerous industries and businesses that rely on a fair, transparent, and consistent government permitting program,” adds the letter. It asks for a White House review of the Spruce mine issue and future permitting.

Rockefeller, Manchin hit EPA on mine permit

Across the Capitol, West Virginia’s Senate delegation sent EPA Administrator Lisa Jackson a letter Monday that says an EPA veto of the Army Corps of Engineers’ permit for the Spruce mine would be a “devastating blow” to economic recovery efforts.

“A unilateral decision by EPA to revoke a permit after the permit was lawfully issued will undoubtedly undermine any confidence businesses may have that the government will honor its promises and protect investments,” wrote Sens. Jay Rockefeller (D-W.Va.) and Joe Manchin (D-W.Va.).

After a Strong Counterattack, Big Coal Makes a Comeback

November 9, 2010

by Jeff Goodell

With an aggressive campaign focused on advertising, lobbying, and political contributions, America’s coal industry has succeeded in beating back a challenge from environmentalists and clean-energy advocates. The dirty truth is that Big Coal is more powerful today than ever.

The coal industry — perhaps the least entrepreneurial, most politically-connected business in America — likes to present itself as a hapless collection of hard-working guys just trying to keep the lights on. In the run-up to last week’s election, the industry skillfully played up the idea that it was under siege by out-of-control federal bureaucrats, including a president unsympathetic to the idea that burning more coal is the surest route to a healthy economy. In the weeks before the election, I saw banners in several West Virginia towns that said “Stop the War on Coal” and, my favorite, “Legalize Coal.” Luke Popovich, a spokesperson for the National Mining Association, went so far as to accuse the Obama administration of carrying out a “regulatory jihad” against coal.

Of course, the idea that the Obama administration is on a mission to kill coal would strike many energy and environmental activists as something like the inverse of the truth. In their view, the administration has been all 

From the point of view of the Earth’s atmosphere, the war on coal has been a spectacular failure.

hat and very little cowboy when it comes to the issues that really matter, like reforming mountaintop removal mining and limiting greenhouse gas pollution.

But the biggest irony is that this so-called “war on coal” has never been much of a fight to begin with. Despite all the talk about a clean-tech revolution, the dirty truth is that Big Coal is more powerful today than ever.

You can see this simply by looking at the numbers. In 1988, NASA climate scientist James Hansen stood before Congress and testified that global warming was not only real, but was already happening. It was a turning point in the scientific and political understanding of the risks of burning coal, and, in a broad sense, it helped spark the beginning of a clean energy revolution. What has happened to our appetite for coal since then? In the U.S., annual consumption has increased by 100 million tons. Globally, the trend is even starker — yearly consumption has increased by about two billion tons, to about 7.2 billion tons. Meanwhile, annual CO2 pollution from coal has increased by more than four billion tons since 1988, to 13 billion tons a year. It’s safe to say that from the point of view of the Earth’s atmosphere, the war on coal has been a spectacular failure.

Another example is in the build-out of new coal plants. In order to break our addiction to coal, we obviously need to stop building new coal plants and begin to retire the old ones. That is not happening — not in the U.S. and not internationally. Globally, there are more than 300 new coal plants in 26 countries that are currently either under construction or on the drawing board. Each of these plants is likely to run for 40 years or so, making the push to cut overall greenhouse gas emissions all the more difficult.

 

An industry ad from the American Coalition for Clean Coal Electricity

And the new coal plants aren’t all in China. According to Bruce Nilles, who heads up the Beyond Coal campaign for the Sierra Club, 22 new coal plants have been constructed or are under construction in the U.S. since 2002, with another 53 proposed. Nilles points out that the Sierra Club, as well as other activists, have stopped construction of 145 new coal plants — “that’s opened up a huge market for clean energy,” Nilles says. True enough, but slowing up the march of new coal plants is not the same thing as stopping it. Just days after last week’s election, newly-elected Kansas governor Sam Brownback announced he would revive two coal plant proposals that had been blocked. As for the much-touted “clean coal” plants that capture and bury CO2 pollution, there is still not a single commercial-scale plant in operation anywhere in the world.

But maybe the clearest measure of Big Coal’s success is the rise of climate skepticism, especially in the U.S. Congress. According to one analysis, half the newly elected House Republicans deny the existence of man-made climate change, and 86 percent of them are opposed to climate change legislation. Although the coal industry is hardly the only one that is pushing the notion that global warming is, as West Virginia coal baron Don Blankenship puts it, “a hoax” and “a Ponzi scheme,” they are pioneers in the campaign to discredit climate science. The Greening Earth Society, which was largely funded by the coal industry, argued that CO2 pollution is a great boon for civilization because it increases plant productivity.

Indeed, the triumph of coal is deeply connected with an anti-science agenda, and always has been. Over the years, the industry has argued that 

The argument that mining and burning coal contributes to energy independence is a false one.

air pollution from coal plants doesn’t cause an increase in heart attacks; that mercury, a potent neurotoxin emitted from coal plants, does not cause neurological damage; that mountaintop removal mining does not hurt the environment; and that burning coal does not heat up the atmosphere. All these arguments fly in the face of science — and, often, in the face of common sense. But it doesn’t matter. Coal is an empire of denial.

The persistence of coal is a subject of much debate among environmentalists and clean energy activists. The simplest answer is that most people don’t know where their electricity comes from and don’t care, as long as their bill doesn’t go up. This ignorance gives coal advocates all kinds of advantages, such as allowing them to get away with the false argument that mining and burning coal contributes to energy independence. (Coal is no substitute for oil — we don’t use coal to power our vehicles, and we don’t use oil to generate electricity.) Another answer is that geology is destiny: The world — the U.S., China, and India especially — has a lot of coal, and so naturally we are going to burn it. Finally, there is a good argument to be made in favor of inertia. Vaclav Smil, an energy expert at the University of Manitoba, Canada, has pointed out that energy systems are not like PCs: Innovation happens over a period of decades, not months.

These answers have merit. But the real reason for the persistence of coal is politics. And I mean that in several ways.

The first and most obvious way that Big Coal gains leverage is simply with money. By any accounting, Big Coal — and by that I mean not just coal mining companies, but also the railroads that haul the coal, as well as the electric utilities and power companies that burn it — exerts a huge influence not only in Washington D.C., but in state and local governments, too. The Southern Company, a large Atlanta-based power company that is one of the largest coal burners in the country and a longtime opponent of global warming legislation, spent about $9 million in federal lobbying fees this year alone — that’s nearly as much as ExxonMobil, a company that is 10 times larger. Peabody Energy, the largest privately-held coal company in the world, spent almost $6 million.

And then there are campaign contributions. As of early October, the mining industry, which is mostly coal, contributed more than $3 million to federal candidates, the great majority of it going to Republicans. The industry backed up its contributions with a major media blitz — the American Coalition for Clean Coal Electricity, an industry front group, spent more than $16 million on ads this year touting the virtues of “clean” coal.

But coal flexes its political muscle in another way, too. Virtually all the big Rust Belt states — Ohio, Pennsylvania, Illinois, not to mention Kentucky and West Virginia — are coal-heavy states, where the mining and burning of coal not only keeps the lights on, but contributes significant (although 

Cleaner ways to generate electricity are on the way, and every coal executive I’ve talked to knows it.

declining) revenues to local economies. These states have a lot of throw-weight in Congress, making it difficult to get enough votes to pass legislation that is seen as tough on coal. To make matters worse, politicians from Big Coal states are constantly compelled to demonstrate their loyalty to the industry, lest their campaign contributions stop and media attacks begin. Witness West Virginia Gov. Joe Manchin, who understands very well the problems coal has wrought on his state, yet who vigorously defended mountaintop removal mining in his Senate campaign and shot a bullet through the cap-and-trade bill in one of his TV ads.

There is also a third way that coal exerts political influence, and that is through the historic connection between coal and progress. Environmentalists do not like to admit it, but we really do owe a large debt of gratitude to the coal industry. Coal was the engine of the Industrial Revolution, and without the power generated from coal, modern life as we know it today would be impossible to imagine. In the past, it really was true that one measure of progress was how much coal you mined and burned.

Of course, that connection is no longer valid today. In fact, the opposite is true: Mining and burning coal is a sign of a world that has not yet made the leap into the 21st century. But a sentimental attachment to coal remains, especially in places like West Virginia (the state flag has a coal miner on it), where coal mining is not just a job, but a way of life. To many people, coal is a symbol of simpler times, before anyone worried about jobs moving to China or the collapse of subprime mortgage loans. The coal industry understands these cultural connections very well and exploits them at every opportunity — the real point of all those wholesome “clean coal” ads that blanketed the airwaves this year is to remind viewers that coal is as American as mom and apple pie. Only a socialist — are you listening, Mr. President? — would be against it.

In the fight against coal, environmentalists and clean energy activists have yet to figure out a way counter the industry’s overwhelming political advantages. They have made great progress, for example, in highlighting the ravages of mountaintop removal mining, but legislation to curb that destructive practice is unlikely to gain momentum anytime soon. And of course the prospects for legislation that will put a price on CO2 pollution, is, for the foreseeable future, nonexistent. In fact, House Republican leaders have made it clear that one of their top priorities in the new Congress is to strip the federal Environmental Protection Agency of its authority to regulate CO2 as a pollutant.

ABOUT THE AUTHOR
Jeff Goodell is an author and contributing editor at Rolling Stone. His latest book, How to Cool the Planet: Geoengineering and the Audacious Quest to Fix Earth’s Climate, was published earlier this year. His work has appeared in The New RepublicThe Washington PostThe New York Times Magazine, and Wired. In previous articles for Yale Environment 360, he has written about electric cars and carbon sequestration.

KY Senate Candidates’ Answers to Mining Question

October 21, 2010

LOUISVILLE, Ky. –

LOUISVILLE, Ky. (AP) Mountaintop mining is an issue on the minds of some Kentucky voters in the U.S. Senate race between Republican Rand Paul and Democrat Jack Conway.

The Associated Press asked the candidates about their approach to creating jobs and improving the household income of Kentuckians. Here are the questions and the answers they submitted in writing.

____

AP: Do you believe mountaintop removal coal mining should be banned? What do you believe can be done to balance private property owner rights and environmental concerns in regard to mountaintop removal coal mining?

JACK CONWAY:

Kentucky’s abundant reserves of coal help keep electricity rates low, attract businesses to Kentucky and create good-paying jobs and economic growth for Kentuckians. That’s why I oppose cap-and-trade, and I filed a lawsuit against EPA to stop it from doing an end-run around Congress.

As a U.S. senator, I will fight to make sure coal must be an important part of our energy future.

We need to mine coal, and technology is offering us new ways to minimize the environmental damage. We must develop alternative disposal methods for mining overburden so that it is not simply filling valleys and streams and make sure there are safeguards in place for the local water supply, because nearly 100,000 people in eastern Kentucky get water from private wells.

We can and should improve re-contouring the terrain during reclamation, and establish clear guidelines for restoring land to its pre-mining purpose as much as possible.

___

RAND PAUL:

America needs a secure and stable source of energy and Kentucky needs jobs. Our coal mining industry provides both, and is vital to the lives of Kentuckians from one end of the commonwealth to the other.

Because the land in our state varies from one region to the next, the ways to mine coal must vary as well. Some coal can only be reached through surface mining, including surface mining on mountains.

Once mining is finished, the reclaimed land can be more valuable than before, allowing for economic development and job creation that would not otherwise have been possible.

Government should not get in the way of this economic development and job creation so long as the actions do not harm other people’s property or cause safety hazards.

Also, I oppose the cap and trade national energy tax. I oppose all efforts by the EPA to enact greenhouse gas regulations without congressional authority. These Obama policies are the greatest threats to jobs in Kentucky. I will not waver from my position on the national energy tax and EPA greenhouse gas regulation, and have never held any other position on those issues.

EPA says Kentucky resisting talks on mining practices

October 19, 2010

By Tom Loftus

FRANKFORT, Ky. — The Environmental Protection Agency Tuesday defended its decision to block Eastern Kentucky mine permits, saying the action was based on the “best science available” to protect Kentucky waters.

“Despite many efforts by the EPA, state officials have not engaged in a meaningful discussion of sustainable mining practices that will create jobs while protecting the waters that Appalachian communities depend on for drinking, swimming and fishing,” the agency said in a statement released by its Washington office.

The statement was in response to lawsuits filed in federal court in Pikeville by the state and the Kentucky Coal Association. The suits challenge EPA’s decision to block 11 water discharge permits sought for surface mining operations in Eastern Kentucky.

The lawsuits allege that the agency, in issuing guidance to states for such permits earlier this year, established a new and tougher standard for which a public notice and comment period is required. The suits also charge that the EPA usurped state authority.

The EPA’s statement said that it provided the guidance at the request of Kentucky to insure “permits are reviewed using the best science available to protect residents from the significant and irreversible damage this practice (surface mining) can have on communities and their water resources.”

Gov. Steve Beshear, Senate President David Williams and House Speaker Greg Stumbo blasted the EPA in statements Monday, saying that the agency’s action was excessive and needlessly threatened the jobs of thousands of miners.

But the EPA statement said the agency “continues to be willing to work with the industry to reach commonsense agreements allowing them to mine coal while avoiding permanent environmental impacts and protecting water quality.”

Anti-mining Activists Use Distortions in Their Attacks

October 18, 2010

Anti-mining Activists Use Distortions in Their Attacks
Posted Monday, October 18, 2010 ; 10:05 AM | 

Anti- mining activists’ agenda will lead to a more expensive and significantly curtailed lifestyle for everyone in West Virginia.

I sat down with my morning coffee on Saturday to see if the local daily newspaper contained any articles or opinions bashing the industry that provides my family’s livelihood — the coal industry.

I was not surprised to find several pieces that did just that. The one that caught my eye the most, however, was an op-ed by a self-proclaimed “activist” who repeated the tired old description of the coal industry as “out-of-state” owners who pilfer the natural resources and leave only desolation behind.

Most of us in the coal industry believe that anti-mining activists are terribly misguided and uninformed, but we recognize their right to free speech and due process — rights that some of those same activists would just as soon dispense with for coal operators. I find the disingenuous and often dishonest use of catch-phrases like those I read Saturday morning to be particularly misleading and even repellent.

Let’s take the second, most inflammatory assertion first. Their charge that coal operators remove the coal and leave devastation in their wake is simply false.

It is true that coal producers mine coal, and in so doing, disturb the surface. Mining is one of the most strictly regulated activities in the nation, and surface disturbance is done in accordance with those regulations. Sizeable monetary bonds are posted by the mining company to insure that reclamation is completed to those strict regulatory standards. If you don’t follow the law, you forfeit the bond and can be banned from ever obtaining another mining permit.

After mining is completed, the land is restored to either approximate original contour or, in some cases, a gently rolling plateau that is capable of hosting industry and activities other than mining. My company’s ICG Hazard operation in Kentucky now hosts an elk herd and hunting opportunities that rival any in the Rockies. That operation also hosts a research team that studies “bee colony collapse syndrome,” and we have planted particular types of trees in our restoration to help revive bee colonies. Additionally, we are leading the efforts to reintroduce the nearly extinct American Chestnut tree in our surface restoration efforts in West Virginia and Kentucky.

Our operations also host a number of parks and community centers on previously mined lands. West Virginia’s Hatfield-McCoy Trail and a similar horseback trail system crossing some of our Kentucky operations provide both recreation and economic diversity to their regions. Our companies also contribute several hundred thousand dollars annually to local charities and special needs in our operating areas.

In the meantime, while mining, coal companies provide thousands upon thousands of high-paying jobs (plus-$60,000 salaries, with generous benefits) to our Appalachian work force and millions upon millions of dollars in taxes and governmental fees to the state, local and federal governments. This is in addition to the fact that coal is the fuel that creates more than 90 percent of the electricity in Kentucky and West Virginia — at some of the lowest consumer rates in the country.

This brings us to activists’ attempts to impugn our motives and demonize us as “outsiders” or “out-of-state” robber barons. Such a claim is rank silliness and simply does not reflect the modern American coal industry.

Let’s look at my company for example. International Coal Group is headquartered in West Virginia and is publicly traded on the New York Stock Exchange. While ICG indeed has “outside investors,” as do all publicly traded entities (including Wal-Mart, McDonald’s, Starbucks and Toyota, to name just a few doing business here), the vast majority of our senior and middle managers, including myself, hail from West Virginia, Kentucky, Pennsylvania or Illinois — the coal-producing states in the nation’s heartland. Our managers all own stock in our company and are invested in its success. The company does not pay any dividend to its “outside investors” but instead plows its profits right back into investments here in the Appalachian region. Our money is made here — and spent here.

Look around you — we also work here, play here and pray here. International Coal Group employs more than 2,300 people here in our Appalachian region. Our workers aren’t imported but live here and are your neighbors.

If you own a store, restaurant or other business, they buy your goods and services. If you attend church, you share a pew with them. Their livelihood is interconnected with yours. And, most importantly, those of us working in the coal industry drink the same water and drive the same roads and enjoy the same interests as everyone else in the state. The implication that we would soil our own bed, so to speak, is absurd and offensive.

State governments provide millions of dollars in incentives to lure businesses like Toyota to locate manufacturing facilities in their states. ICG received no material state incentives to locate its corporate headquarters (and its 100 high-paying professional jobs) in Scott Depot in Putnam County. Its new Tygart Valley operation in Taylor County will create more than 350 new jobs in the Grafton area, but there has been no governmental handout to help develop this $300 million-plus project. (Consider, for a moment, that ICG and its “out-of-state” investors will have spent approximately $1 million for each new job created there before any significant amount of coal is even mined at that new home-grown state-of-the-art mine complex.) And those jobs are jobs that will stay in-state because that’s where the coal is.

The point is simple. Anti-mining activists use catch phrases to foment or play upon prejudices. Those of us who speak out for the coal industry are armed with actual facts. Consider these facts carefully in forming your opinions because the result of the anti- mining activists’ agenda will lead to a more expensive and significantly curtailed lifestyle for those of us who live, work and play in this particular spot of our world.

Roger L. Nicholson is senior vice president, general counsel and secretary for International Coal Group, which is based in Scott Depot.

Appalachian Coal Communities to Rally at Capitol

September 14, 2010

Press Advisory

For Immediate Release

Contact:
Carol Raulston
(202) 463-2610
craulston@nma.org

Luke Popovich
(202) 463-2620
lpopovich@nma.org

September 14, 2010

Appalachian Coal Communities to Rally at Capitol

 

Sens. McConnell, Warner and Webb Lead Bi-Partisan Stand Up for Coal

 

Appalachian coal miners, their families and coal community members will descend on Capitol Hill’s Russell Park at 9:30 Wednesday morning to celebrate America’s coal miners and rally for coal, jobs and businesses now threatened by federal regulators.  About 1,500 members of coal communities in West Virginia, Virginia, Kentucky, Pennsylvania and Ohio will gather to tell Congress that thousands of jobs and hundreds of communities are at stake. 

 Speaking at the bi-partisan rally will be Sens. Mitch McConnell (Ky.), Mark Warner and Jim Webb (Va.) and Carte Goodwin (W.Va.); West Virginia Governor Joe Manchin; and Reps. Shelley Moore Capito (W.Va.), Ed Whitfield (Ky.), Charlie Wilson (Ohio), Brett Guthrie (Ky.), Hal Rogers (Ky.), Geoff Davis (Ky.), Bob Goodlatte (Va.), Rick Boucher (Va.) and Nick Rahall (W.Va.) together with state and industry officials, country music artist Stella Parton and other friends of coal. 

Local coal community organizations are spearheading the pro-coal rally.  Appalachia accounts for one-third of the nation’s coal output and for almost two-thirds of America’s coal-related jobs.

WHAT:       Stand Up for Coal Rally

 

WHEN:       Wednesday, Sept. 15, 9:30 a.m.

 

WHERE:     Russell Park, Capitol Hill

 

WHO:         Appalachian Coal Miners, Families and Friends

Members of Congress

Appalachian State Officials

Country Singer Stella Parton

 
The National Mining Association (NMA) is the voice of the American mining industry in Washington, D.C. Membership includes more than 325 corporations involved in all aspects of coal and solid minerals production including coal, metal and industrial mineral producers, mineral processors, equipment manufacturers, state mining associations, bulk transporters, engineering firms, consultants, financial institutions and other companies that supply goods and services to the mining industry.

National Mining Association 101 Constitution Avenue, NW • Suite 500 East • Washington, DC 20001 • (202) 463-2600

EPA Uses “Bad Science” and Ignores Own Methodology Criteria

September 3, 2010

Press Release

For Immediate Release

Contact:
Carol Raulston
(202) 463-2610
craulston@nma.org

Luke Popovich
(202) 463-2620
lpopovich@nma.org

September 3, 2010

The U.S. Environmental Protection Agency (EPA) has relied on inaccurate and unreliable data to set inappropriate and unlawful water quality standards in violation of the agency’s methodology criteria and numerous federal laws, according to technical analyses prepared for the National Mining Association (NMA). 

 The results of these analyses, which document use of bad science by EPA, are included in comments NMA filed today on the agency’s reports, “The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields” and “A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams.” 

 Analyses conducted on NMA’s behalf by GEI Consultants, Inc., and Norwest Corporation found that:

  • The study (Pond-Passmore) EPA relied upon to set new water quality standards for valley fills at coal mining operations in Appalachia found no direct correlation between changes in water quality and aquatic life and the number or location of valley fills;
  • EPA failed to establish cause and effect relationships by relying on field data from uncontrolled settings rather than laboratory data – in violation of its own methodology guidelines;
  • EPA used too few organisms and relied on those rarely found under any condition to determine that a species is absent from an ecosystem; and 
  • EPA incorrectly characterized the findings of scientific research and selectively used conclusions to support various presumptions.

 EPA used these flawed analyses to set a de facto water quality standard for coal mining in Appalachia and is now requiring state and federal agencies to enforce the new standard despite the agency’s own disclaimer to its Science Advisory Board that, “It [the analysis] does not represent and should not be construed to represent any Agency determination or policy.”

 Further, based on the field data, EPA set a specific numeric conductivity limit that lays out the threshold principles that all aquatic water quality criteria must meet.  EPA’s standard methodology requires that cause-and-effect relationships can only be established by measuring the impacts of pollutants on organisms in a controlled laboratory setting.  Only in this setting can a determination be made on the threshold at which a pollutant creates a response. 

 Accordingly, EPA’s conductivity criteria for coal mining in Appalachia are invalid as a predictor of biological impairment as well as ecologically irrelevant.

 As a result, EPA’s criteria are not based on “sound scientific rationale” or “scientifically defensible methods,” according to NMA’s comments. NMA concludes that, “Because EPA has disseminated its Conductivity Study without appropriate pre-dissemination review, and because that Study is not accurate, reliable and unbiased, EPA must cease using the Conductivity Study to establish limits in permits under the Clean Water Act.”

NMA’s comments and supporting technical documents are available at http://www.nma.org/tmp/090310_comments.asp.

 

The National Mining Association (NMA) is the voice of the American mining industry in Washington, D.C. Membership includes more than 325 corporations involved in all aspects of coal and solid minerals production including coal, metal and industrial mineral producers, mineral processors, equipment manufacturers, state mining associations, bulk transporters, engineering firms, consultants, financial institutions and other companies that supply goods and services to the mining industry.

Strip Mines into Elk Habitat

August 23, 2010

By Rosslyn Smith

In a story that again shows that mother nature can be much more resilient than some people imagine, for the first time in over maybe 170 years or more, a large wild elk herd roams the Appalachian woods in significant numbers. 

I am not talking about the elk reintroduced in small number into Great Smoky National Park on the North Carolina-Tennessee border, where they have been a major tourist attraction. Only 52 elk were introduced in 2001 and 2002. The current Smoky Park population is said to be around a hundred animals

I am talking about the as many as 10,000 elk that freely roam in Eastern Kentucky today. It is interesting to compare the large amounts of publicity the small-scale reintroduction of elk by the federal government in a National Park has received to the fact that stories of the much larger-scale reintroduction of elk into eastern Kentucky have mostly been confined to the regional news and to hunting magazines and websites. That is almost certainly because the Kentucky elk habitat consists of abandoned strip mines, and the elk were placed there by those who seek to preserve wildlife habitat because they are hunters. Such facts don’t fit the media narrative about who the guys in the white hats should be in feel-good stories about the environment

Whenever time allows, I prefer driving across the country on back roads to flying. Two years ago, while driving across the coal country of Eastern Kentucky on my way from North Carolina to Minnesota, I was astounded to see a traffic warning sign with a picture of not a deer, but an elk! At my next stop, I asked the attendant about it. Elk had been reintroduced to the area ten years earlier and were doing what elk do, which is produce baby elk. The animals had become a very dangerous local traffic hazard. While encounters weren’t that numerous, elk are several times the size of the native white-tailed deer, and a collision with one can easily destroy a car.  

To Read More Click Here:

http://www.americanthinker.com/2010/08/strip_mines_into_elk_habitat.html

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