New Interior rule to protect streams in coal-mining areas draws criticism #keepitintheground

Mountain top removal for coal mining
Mountain top removal for coal mining

From The Grand Junction Daily Sentinel (Dennis Webb):

A federal proposal to better protect streams from impacts of coal mining is coming under scrutiny regarding its level of necessity, particularly out West, and what benefits it would provide.

The National Mining Association is criticizing the proposal by the federal Office of Surface Mining Reclamation and Enforcement, saying it applies a nationwide approach to dealing with issues arising with so-called mountaintop removal surface mining in Appalachia.

“Obviously we’re very concerned about this (proposal), for the impact it will have on production,” said Luke Popovich, an NMA spokesman.

The Interior Department released the proposal last July, saying it would protect some 6,500 miles of streams over 20 years. It would replace regulations adopted in 1983, incorporating updated science and benefiting surface and groundwater, fish and wildlife, Interior said.

Companies would have to monitor stream conditions before, during and after operations, and the rule also addresses post-mining stream restoration. [ed. emphasis mine]

A rule adopted during the Bush administration in 2008 was challenged by environmental groups, who said it would weaken existing stream protections. That rule was vacated in a court ruling in 2014 and remanded for further action.

Adam Eckman, associate general counsel with the National Mining Association, said the Obama administration instead decided to develop a rule that “bears no resemblance” to the 2008 rule, which was narrowly aimed at a small set of issues in Appalachia.

“It really is confusing why this is being expanded out West to Colorado when Colorado has a nearly perfect reclamation record (by mines) and when no science related to impacts in the West has been cited at all” in support of the proposal, he said.

The NMA sees the rule, and other Obama administration moves including its court-challenged Clean Power Plan and its current moratorium on new federal coal leasing, as being part of an administration effort to eliminate coal-burning altogether.

Jeremy Nichols of the conservation group WildEarth Guardians said the proposal would impact Colorado’s underground mines only to the limited degree they have surface impacts, while having larger implications for surface mines like Colowyo and Trapper in northwest Colorado.

But he said a minimum level of such protections should apply nationally.

“Our clean water is just as deserving of protection as Appalachia’s clean water,” he said.

A study done for NMA estimates the new rule could cost up to 77,520 mining jobs, including potentially more than 10,000 in the West.

The Office of Surface Mining Reclamation and Enforcement says it could cost an average of 260 jobs related to coal production a year, which would be offset by an average increase of 250 jobs a year related to complying with the rule.

It estimates the compliance cost at $52 million a year, including $2.5 million for Colorado Plateau surface mines and $200,000 for underground mines on the plateau.

The NMA study estimates the rule could result in a 27 to 64 percent decrease in access to recoverable coal reserves, and up to $6.4 billion annually in lost federal and state revenue.

The Colorado Division of Reclamation, Mining and Safety has sent the Reclamation and Enforcement office a letter supporting certain details of the proposal, but listing a number of concerns about it.

It says the rules would require extensive permit coordination between Reclamation and Enforcement, the Environmental Protection Agency, the Army Corps of Engineers and states, which could delay permitting.

“The proposed rules do not account for regional differences in hydrology, climate, and mining methods/practices,” the Division of Reclamation, Mining and Safety added.

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