The EPA on Thursday, April 1, 2010, released a guidance
document for Appalachian mountaintop removal and other surface coal mining
projects. The guidance set benchmarks for preventing damage to Appalachian
watersheds at risk from mining activity.
The guidance largely mirrors suggestions made by the
Government Accountability Office in February on the general lack of oversight
for surface and mountaintop mining operations (
clik
here for link to article).
As part of the action, the EPA is creating a permit tracking
website so that the public can determine the status of mining permits subject
to the EPA-U.S. Army Corps of Engineers Enhanced Coordination Procedure (ECP).
The guidance clarifies existing requirements of the Section
402 and 404 Clean Water Act permitting programs that apply to pollution from
surface coal mining operations in streams and wetlands. The guidance details
the agency's responsibilities and how the agency uses its Clean Water Act (CWA)
authorities to ensure that future mining will not cause significant
environmental, water quality and human health impacts.
The EPA has identified a range of conductivity (a measure of
the level of salt in the water) of 300 to 500 microSiemens per centimeter. The
maximum benchmark conductivity of 500 microSiemens per centimeter is a measure
of salinity that is roughly five times above normal levels. The conductivity
levels identified in the clarifying guidance are intended to protect 95 percent
of aquatic life and fresh water streams in central Appalachia.
"We will continue to work with all stakeholders to find
a way forward that follows the science and the law," said EPA
Administrator Lisa P. Jackson. "Getting this right is important to
Americans who rely on affordable coal to power homes and businesses, as well as
coal communities that count on jobs and a livable environment, both during
mining and after coal companies move to other sites."
In a press release, the EPA estimated that almost 2,000
miles of Appalachian headwater streams have been buried by mountaintop coal
mining.
The agency is also showing their work, making available two
scientific reports prepared by its Office of Research and Development (ORD).
One summarizes the aquatic impacts of mountaintop mining and valley fills. The
second report establishes a scientific benchmark for unacceptable levels of
conductivity (a measure of water pollution from mining practices) that threaten
stream life in surface waters. These reports are being published for public
comment and submitted for peer review to the EPA Science Advisory Board.
The EPA will solicit public comments on the new guidance.
The guidance will be effective immediately on an interim basis. The agency will
decide whether to modify the guidance after consideration of public comments
and the results of the SAB technical review of the EPA scientific reports.
The EPA's guidance offers recommendations to its regions on
the application of the National Environmental Policy Act (NEPA) to surface coal
mining projects permitted by the U.S. Army Corps of Engineers. The Corps is
separately announcing plans for rulemaking to expand the scope of NEPA review.
The documents are available at
www.epa.gov/owow/wetlands/guidance/mining.html
