Breaking news: EPA vetoes Spruce Mine permit

January 13, 2011 by Ken Ward Jr.

Word is just coming down that the U.S. E nvironmental Protection Agency has vetoed the largest single mountaintop removal permit in West Virginia history.

The move is part of an Obama administration crackdown aimed at reducing the effects of mountaintop removal coal-mining on the environment and on coalfield communities in Appalachian — impacts that scientists are increasingly finding to be pervasive and irreversible.

The final E PA decision document is available here.

E PA officials this morning were alerting West Virginia ’s congressional delegation to their action, and undoubtedly preparing for a huge backlash from the mining industry and its friends among coalfield political leaders.

In making its decision to veto the U.S. Army Corps of E ngineers’ approval of the 2,300-acre mine proposed for the B lair area of L ogan County , E PA noted that it reviewed more than 50,000 public comments and held a major public hearing in West Virginia . E PA officials said their agency is “acting under the law and using the best science available to protect water quality, wildlife and Appalachian communities who rely on clean waters for drinking, fishing and swimming.”

Peter S. Silva, E PA’s assistant administrator for water, said:

The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend. Coal and coal mining are part of our nation’s energy future, and E PA has worked with companies to design mining operations that adequately protect our nation’s water. We have responsibility under the law to protect water quality and safeguard the people who rely on clean water.

The agency also said:

EPA’s final determination on the Spruce Mine comes after discussions with the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities. The action prevents the mine from disposing the waste into streams unless the company identifies an alternative mining design that would avoid irreversible damage to water quality and meets the requirements of the law. Despite E PA’s willingness to consider alternatives, Mingo L ogan did not offer any new proposed mining configurations in response to E PA’s Recommended Determination.

In addition, E PA argued:

EPA believes that companies can design their operations to make them more sustainable and compliant with the law. L ast year, E PA worked closely with a mining company in West Virginia to eliminate nearly 50 percent of their water impacts and reduce contamination while at the same time increasing their coal production. These are the kinds of success stories that can be achieved through collaboration and willingness to reduce the impact on mining pollution on our waters. Those changes helped permanently protect local waters, maximize coal recovery and reduce costs for the operators.

Readers will recall that the Obama EPA began looking more closely at the Spruce Mine in September 2009.  B ut debate over the proposed operation dates back to the late 1990s, when then-U.S. District Judge Charles H. Haden II issued an injunction that blocked the mine, which then was proposed for more than 3,000 acres. After the Haden ruling, the company reduced the size of its proposal and the operation underwent much more intense scrutiny, in the form of a full-blown E nvironmental Impact Statement by the Corps of E ngineers, which approved the new mining configuration in January 2007.

 

       Cheers,
         Daniel Chiotos
         2206 Washington St E .  
         Charleston , WV , 25311
         (304)886-3389
         {www.seac.org} 
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