eNVIRONMENTAL pROTECTION aGENCY kEEPS wATER qUALITY gUIDELINES, pLEASING eNVIRONMENTALISTS aND aNGERING pOLLUTERS.
EPA keeps surface mining water quality guidelines
By LAWRENCE MESSINA
CHARLESTON, W.Va. (AP) -- The U.S. Environmental Protection Agency urged tight limits Thursday on the practice of dumping waste into Appalachian valley waterways from the surface mine blasting of mountain ridges above.
The new guidelines advise the agency's officials who review water-related permits for mountaintop removal and other kinds of surface mining in a six-state region, while limiting certain key provisions to West Virginia and Kentucky. They are also aimed at state regulators who issue those permits based on water quality criteria. Revising standards issued in April 2010, the guidelines cite "extensive scientific evidence" and more than 60,000 public comments received during an eight-month period.
The EPA wrote that "The fundamental premise of the Guidelines is that no discharge of dredged or fill material may be permitted" under any of three conditions: if the nation's waters would be "significantly degraded;" if it causes or contributes to violations of a state's water quality standard; or "if a practicable alternative exists that is less damaging to the aquatic environment."
Industry groups and state regulators blasted Thursday's announcement while environmental groups welcomed it as a strong first step.
"Of course we hoped for more, but given the current political climate in Washington, we have nothing but praise and gratitude for EPA finalizing this guidance and reaffirming the scientific support for their actions" said Cindy Rank of the West Virginia Highlands Conservancy in a statement. "Now more than ever the waters of Appalachia and we who depend on them need EPA to stand strong on our behalf."
The National Mining Association denounced the guidelines as a "jobs destroyer," continuing the industry argument that the Obama administration's approach to mining-related environmental issues is harming this sector of the still-struggling economy.
"Alarmed at EPA's actions in Appalachia and other regions of the country, 121 organizations, representing a broad cross-section of economic activity throughout the United States, successfully called upon the House of Representatives last week to re-establish the legal authorities of states under the Clean Water Act," the group noted in its statement.
The 61-page document repeatedly refers to its non-binding nature, and says they carry no legal power or replace any existing regulations or rules. But West Virginia Environmental Protection Secretary Randy Huffman called the standards an example of why his state has sued EPA over mining policies. He cited how the agency has 30 days to review state-issued water quality permits, and can block one by requiring resolution of any concerns it may have.
"We know from experience that they will use this very document to object to a permit," Huffman said Thursday. "We believe that this is a continuation of illegal rule-making, de facto rule-making."
Agreeing with EPA's scientific findings, environmental groups called on the federal agency to go further in the face of such stances by state-level regulators.
"But clearly, as long as mountains are being blown up and leveled in Appalachia, streams are being buried with mining waste, and waters for communities are being contaminated, the Obama administration has more work to do in making sure that the government is following the (U.S.) Clean Water Act," said Joan Mulhern, senior legislative counsel for the group Earthjustice. "This guidance is only as protective as its implementation and the test will be whether we finally see compliance with the Clean Water Act which prohibits significant degradation of our nation's waters."
---
Online:
U.S. EPA guidelines: http://tinyurl.com/43mx5cb
By LAWRENCE MESSINA
CHARLESTON, W.Va. (AP) -- The U.S. Environmental Protection Agency urged tight limits Thursday on the practice of dumping waste into Appalachian valley waterways from the surface mine blasting of mountain ridges above.
The new guidelines advise the agency's officials who review water-related permits for mountaintop removal and other kinds of surface mining in a six-state region, while limiting certain key provisions to West Virginia and Kentucky. They are also aimed at state regulators who issue those permits based on water quality criteria. Revising standards issued in April 2010, the guidelines cite "extensive scientific evidence" and more than 60,000 public comments received during an eight-month period.
The EPA wrote that "The fundamental premise of the Guidelines is that no discharge of dredged or fill material may be permitted" under any of three conditions: if the nation's waters would be "significantly degraded;" if it causes or contributes to violations of a state's water quality standard; or "if a practicable alternative exists that is less damaging to the aquatic environment."
Industry groups and state regulators blasted Thursday's announcement while environmental groups welcomed it as a strong first step.
"Of course we hoped for more, but given the current political climate in Washington, we have nothing but praise and gratitude for EPA finalizing this guidance and reaffirming the scientific support for their actions" said Cindy Rank of the West Virginia Highlands Conservancy in a statement. "Now more than ever the waters of Appalachia and we who depend on them need EPA to stand strong on our behalf."
The National Mining Association denounced the guidelines as a "jobs destroyer," continuing the industry argument that the Obama administration's approach to mining-related environmental issues is harming this sector of the still-struggling economy.
"Alarmed at EPA's actions in Appalachia and other regions of the country, 121 organizations, representing a broad cross-section of economic activity throughout the United States, successfully called upon the House of Representatives last week to re-establish the legal authorities of states under the Clean Water Act," the group noted in its statement.
The 61-page document repeatedly refers to its non-binding nature, and says they carry no legal power or replace any existing regulations or rules. But West Virginia Environmental Protection Secretary Randy Huffman called the standards an example of why his state has sued EPA over mining policies. He cited how the agency has 30 days to review state-issued water quality permits, and can block one by requiring resolution of any concerns it may have.
"We know from experience that they will use this very document to object to a permit," Huffman said Thursday. "We believe that this is a continuation of illegal rule-making, de facto rule-making."
Agreeing with EPA's scientific findings, environmental groups called on the federal agency to go further in the face of such stances by state-level regulators.
"But clearly, as long as mountains are being blown up and leveled in Appalachia, streams are being buried with mining waste, and waters for communities are being contaminated, the Obama administration has more work to do in making sure that the government is following the (U.S.) Clean Water Act," said Joan Mulhern, senior legislative counsel for the group Earthjustice. "This guidance is only as protective as its implementation and the test will be whether we finally see compliance with the Clean Water Act which prohibits significant degradation of our nation's waters."
---
Online:
U.S. EPA guidelines: http://tinyurl.com/43mx5cb
Labels: The Environment
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