For 25 years, mine operators had to comply with what’s
called the stream buffer zone rule. The rule requires the piles of dirt and
rocks removed from the earth at mine sites to be kept 100 feet from streams,
but the law was often not enforced.
In 2008, the Bush Administration ended the
rule, but since then two lawsuits have challenged that decision.
Now, the Office of Surface Mining is studying ways to
rewrite the rule. Tuesday afternoon at the Beckley-Raleigh
County Convention Center,
OSM officials gathered to take public
comments about the new stream protection rule.
Lois Uranowski is an OSM
branch chief based in Pittsburgh.
She says the new stream protection rule will be broader and more
all-encompassing than the old stream buffer zone rule.
“So it looks to everything from to when you mine through a
stream, when you’re near a stream, when you deposit material on a stream,” she
said.
“It looks at how we reclaim our lands. What do we consider the right
reclamation approach? We’re looking at land-forming processes, incorporating
newer technologies so we have digital mapping systems in place so it’s easier
for the regulators to understand what the reclamation should look like.”
The rule will apply at mine sites nationwide. Even so, Bryan
Brown of the industry group FACES of Coal says the OSM
rulemaking, combined with other actions by the federal government, feels like
the Obama Administration is targeting Appalachia.
“But when you take the delay of mining permits by EPA and
their ‘enhanced review process,’ when you take into consideration the
revocation process implemented by EPA for the Spruce Mine permit, when you take
into consideration the imposition of absolutely unattainable water quality
standards, you begin to see a pattern that the federal government has some
strategy in terms of severely limiting mining in Appalachia,” he said.
In the past year, federal agencies like the Environmental
Protection Agency and the Army Corps of Engineers have held public meetings
about coal mining-related issues in West Virginia
where people waited for their turn to speak for or against the subject at hand.
This meeting was different. Informational posters on stands lined the room, and
people could either write their comments or submit them orally via a
stenographer.
William Flanagan came from Spring Dale to find out more
about the issue. Though he worked in a mine when he was young, he says he’s not
a fan of mountaintop removal mining.
“I don’t really approve of it because I think in the long
run it’s destroying something we need for something we want,” he said. “There
are so many things that we need right now—fishing, outdoor recreation for our
kids and families to enjoy nature, and I think we could be taking care of the
kids and the families and the environment rather than trying to produce as much
coal as we possibly can to keep the lights on.”
But many who came to offer their comments—from both
sides—weren’t thrilled with the set-up. Gene Kitts, a Vice President with
International Coal Group says the open house approach doesn’t feel as effective
as a public meeting.
“I mean, this is like going into a high school science fair,
seeing all the posters set up with really no one standing by each one to explain
what they’re thinking or any of that sort,” he said. “A person outside the
industry who doesn’t know anything would walk in and just be lost, basically.”
Amber Nitchman lives in Rock Creek and came to offer her
support for stronger mining regulations. She agreed with Kitts that more
explanation was needed on the material.
“I think some of this information is useful,” she said. “A
lot of it, they’re putting forth terms that a lot of people don’t understand.
As far as this being a public comment part—this isn’t very inviting for the
public. This is just putting forth this regulatory language that a lot of people
aren’t comfortable with.”
Lois Uranowski with OSM
says this is a very early step of the process and that there will be a more traditional public
meeting to accept comments in the future.
She says her agency’s task is to take public comments into
consideration and effectively balance both the economy and the environment.
“At the end, we hope to put together the best alternative
list that is the best restrictive, as far as impacts to the environment and it
meets the demands to supply the energy needs to our nation and ends up with the
best product at the end,” she said.
Public comments can be submitted until Friday, and can be mailed or e-mailed.
OSM
officials will hold another open house in Morgantown
at Mylan Park
Wednesday afternoon from 3:00 until 8:00.