Office of Surface Mining Reclamation and Enforcement Respond to
Citizen Petition Outlining Regulatory Failings
The State Journal
27 December 2013
On December 30, 2013, the federal office of Office of Surface Mining
Reclamation and Enforcement, or OSMRE, responded to a 733 citizen
petition which outlined 19 major regulatory failings on the part of
the West Virginia Department of Environmental Protection, or WV DEP.
OSMRE has stated that it will be investigating the WV DEP on five
primary issues over the coming months. Following the investigation,
the office will determine if federal intervention into the West
Virginia state mining program is needed under Surface Mining Control
and Reclamation Act, or SMCRA, a move encouraged by hundreds of
petition signatories throughout the state.
"The Citizen Action for Real Enforcement Campaign has carefully
reviewed the response from OSMRE, and we look forward to building
public awareness and support for federal intervention in the WVDEP
in the coming months," stated CARE Campaign Coordinator, Johanna de
Graffenreid. She continued saying, "While we were disappointed to
see continued inaction relating to the failings of WVDEP in regards
to regulating coal slurry impoundments, and the continued issuing of
permits to sites with active SMCRA violations, we are encouraged
that the federal office of OSMRE will be investigating five of the
19 issues we raised in our petition."
OSMRE has stated that they will thoroughly investigate the following
problems that were brought to their attention by the CARE Campaign,
under 30 CFR Section 733. I 2(a)(2) of SMCRA:
"1. WVDEP Fails to Address Potential flooding Impacts in the
Permitting Process with Storm Water Runoff Analysis
2. WVDEP Fails to Issue SMCRA Violations Where National Pollutant
Discharge Elimination System Violations Exist;
3. WVDEP Fails to Regulate Selenium Pollution;
4. WVDEP Fails to Properly Define Impacted Areas in Cumulative
Hydrologic Impact Analysis Results in Harm to Watersheds; and
5. WVDEP Fails to Require Properly Protective Soil Removal and
Reclamation Measures for Mining Sites."
Under section 733 in SMCRA, citizens are allowed to petition the
federal OSMRE to intervene in a state regulatory program if, after
investigation, the agency is found to be failing to comply with
federal standards - as what occurred in Kentucky in 2012. "Residents
of West Virginia have been forced to suffer damaging and
unsubstantial regulatory enforcement under the supervision of WVDEP.
The CARE Campaign will work tirelessly in the coming months to
ensure that our voices are heard by OSMRE and that the review leads
to real enforcement of mining laws in West Virginia," said de
Graffenreid.
The 18 environmental, civic and religious groups who filed the
120-page petition in June, 2013 includes: Appalachian Catholic
Worker; Appalachian Voices; Catholic Committee of Appalachia; Center
for Biological Diversity; Center for Health, Environment &
Justice; Christians for the Mountains; Coal River Mountain Watch;
Earthjustice; Keeper of the Mountains Foundation; League of Women
Voters of West Virginia; Mountain Health and Heritage Association;
National Wildlife Federation; Ohio Valley Environmental Coalition;
Sierra Club; West Virginia Citizen Action; West Virginia
Environmental Council; West Virginia Highlands Conservancy; and West
Virginia Rivers Coalition.