Most recently, in July 2011, EPA issued final guidance on Appalachian surface coal mining that replaced previous guidance released in April 2010. While not a “rule” or legally binding, the guidance does, according to EPA, enable the agency’s regional offices “to work together with states, the U.S. Army Corps of Engineers, mining companies, and the public towards a balanced approach that protects communities from harmful pollution associated with coal mining.”
In 2010, EPA had success doing just that. The agency worked closely with Hobet Mining in West Virginia to devise a Clean Water Act permit it could stand behind. Under its original permit, the Hobet 45 mine would have buried nearly six miles of headwater streams and contaminated downstream waters. In the end, however, the revised permit eliminated nearly 50 percent of anticipated stream impacts.
On the other end of the spectrum is Mingo Logan Coal Company’s Spruce No. 1 Mine in Logan County, WV. The Spruce Mine has been described as the largest mountaintop coal mining operation ever proposed. And with that, environmental concerns mounted. The project has been held up by litigation for nearly 13 years.
Chief among concerns were estimates that the Spruce No. 1 Mine operations would bury over 7 miles of headwater streams, directly impact 2,278 acres of forestland and degrade water quality in streams adjacent to the mine.
Last year, in March 2010, EPA announced its recommendation that the U.S. Army Corps of Engineers revoke the mine’s permit, which had originally been granted in 2007.
“Coal, and coal mining, is part of our nation’s energy future, and for that reason EPA has made repeated efforts to foster dialogue and find a responsible path forward. But we must prevent the significant and irreversible damage that comes from mining pollution and the damage from this project would be irreversible,” said EPA Regional Administrator for the Mid-Atlantic, Shawn Garvin, in a press statement.
In January 2011, the agency made it official by exercising its rarely used veto authority under Section 404(c) of the Clean Water Act to halt disposal of Spruce mining waste in two streams and their tributaries.
The battle is far from over, however. Arch Coal, parent company of Mingo Logan, said it intends “to vigorously defend the Spruce permit by all legal means.” In the meantime, some Spruce mining operations are legally underway at the Seng Camp Creek mine. Here, EPA reached a permit agreement with Mingo Logan under separate litigation.
These are just a few examples of significant initiatives in EPA’s Mid-Atlantic Region. For more information on the agency’s priorities and initiatives, visit epa.gov/aboutepa/region3.html.
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