WV Coal Industry Slams Fed Stream Rule
The State Journal
23 July 2015
By Sarah Tincher, Energy Reporter
The federal Office of Surface Mining Reclamation and Enforcement
unveiled a long-anticipated rewrite of its 1980s-era rules to
protect streams from being damaged by coal mining July 16, which
stirred up controversy with the coal industry.
OSMRE, a branch of the U.S. Department of the Interior, first
rolled back the 1983 rule, which required a 100-foot “buffer zone”
adjacent to streams, in 2008. But the revision was quickly met
with opposition from the environmental community, including Coal
River Mountain Watch.
Now, after years of drafting the rule, the recent revision
proposes to strengthen stream protections by requiring more
advanced water quality testing, among other measures.
Although several conservation groups said the 1,238-page rule
still isn’t strong enough because it doesn’t adequately protect
streams from being directly damaged by mines, the West Virginia
Coal Association was quick to condemn the proposal.
“The unrelenting assault on coal by the Obama Administration
continued today, with the issuance by the federal Office of
Surface Mining (OSM) of new revisions to the existing Stream
Buffer Zone (SBZ) rule,” Jason Bostic, vice president of the West
Virginia Coal Association, said in a statement. “The OSM claims
this new rule provides ‘regulatory certainty.’ How can a 1200-page
rule that blurs different statutes offer clarity or certainty?”
In its 1,267-page Draft Environmental Impact Statement, the agency
projected the proposal would have a heavy impact on Appalachia’s
mining sector.
Annual compliance costs for the preferred scenario are anticipated
to reach $52 million nationwide, with Appalachia seeing the
highest costs at $24 million. Appalachia could also see annual
coal production drop by 900,000 tons annually under the preferred
scenario.
“At its core, this appears to be an insidious attempt by OSM to
blur the Surface Mining Act with the Clean Water Act to accomplish
what EPA has previously failed to do — trample the responsibility
of the states to develop their water quality standards,” Bostic
said. “It is also clear that the OSM’s estimate that ‘only’ 200
mining jobs would be lost due to the implementation of this plan
has about as much validity a carnival sideshow palm reading.
“OSM arrogantly made the statement that the rule is ‘intended to
protect the people of the coalfields.’ To that, we call on our
congressional and state elected leaders to protect our coal miners
from a runaway federal agency that is trying to replace a statute
with a regulation developed in secret and wrapped in bureaucratic
intrigue.”