The U.S. Environmental Protection Agency has just issued this statement to formally announce its deal to allow the Army Corps of Engineers to issue the Clean Water Act permit for the Hobet 45 mountaintop removal mine.EPA notes in its statement that:
As originally proposed, the Hobet 45 mine would have buried nearly six miles of headwater streams and contaminated downstream waters that now support healthy streamlife and are used by local residents for fishing and swimming.
Agency officials said that negotiations with the company resulted in permit changes that would:
– Reduce stream impacts by more than 16,000 linear feet;
– Require that contaminated mine drainage be directed away from surface waters;
– Ensure more effective compensation for environmental losses;
– Establish an adaptive management plan to further protect water quality; and
– Protect highly productive streams on the mine site.
EPA Administrator Lisa Jackson said:
These are important examples of EPA’s work to bring clarity to this process. Our role, along with the Army Corps of Engineers, is to ensure that mining companies avoid environmental degradation and protect water quality so that Appalachian communities don’t have to choose between jobs and their health. Working closely with mining companies, our federal and state partners, and the public, our goal is to ensure Americans living in coal country are protected from environmental, health and economic damage.
EPA also released this letter to the Corps of Engineers outlining its action.
In the same statement, EPA announced that U.S. District Judge Robert C. Chambers had approved the government’s motion for more time to try to negotiate a deal on the Spruce Mine, the largest mountaintop removal permit in West Virginia history. The EPA statement included this background on the Spruce Mine:
The Spruce No. 1 mine is one of the largest mountaintop removal mines ever proposed in the Appalachian coalfields and would clear more than 2,200 acres of forestlands, bury more than seven miles of headwater streams, and further contaminate downstream waters already heavily impacted by previous mining activities. EPA is concerned that the Spruce No. 1 mine may:
Bury 7.5 miles of healthy headwater streams under 6 valley fills;
Contaminate downstream surface waters with pollutants from the mine including selenium, conductivity, iron, and aluminum – pollutants that would continue to drain into streams long after the mine is closed;
Cause additional harm to the Little Coal River watershed already significantly impacted by previous mining activities – 73 percent of streams are already impaired by mining;
Deforest 2,200 acres of mature, productive forestlands; and
Impact human health by contributing to water quality degradation and contaminating fish and wildlife.The Spruce No. 1 Mine has been delayed for more than 10 years by citizen suits alleging the mine does not meet the requirements of federal laws. The current Clean Water Act permit for Spruce No. 1 has been held up in federal court since it was issued in 2007.
Subscribe to the Coal Tattoo
[...] Blogs @ The Charleston Gazette – » EPA issues formal statement on Hobet 45 deal blogs.wvgazette.com – view page – cached The U.S. Environmental Protection Agency has just issued this statement to formally announce its deal to allow the Army Corps of Engineers to issue the Clean Water Act permit for the Hobet 45 mountaintop removal mine. [...]
United Mine Workers President Cecil Roberts issued the following statement about this news:
“The news today that the U.S. Environmental Protection Agency (EPA) supports the issuance of a permit to the Hobet 45 mine in Boone County, W. Va.., is good news for everyone – our members, their families, their communities, their company and the state of West Virginia. We sincerely hope that final approval of this permit from the Army Corps of Engineers comes quickly.
“Many people worked very hard on this. I want to especially commend Rep. Nick Rahall (D-W.Va) for his personal involvement in working with the company and EPA to get this permit approved. He fought for those jobs, and deserves the thanks of everyone involved.
“I also commend Patriot Coal for its willingness to work with the EPA and meet the agency’s concerns with respect to this permit so that it could be approved. I am pleased that our members working at Hobet will be able to continue providing for their families and contributing to their communities’ economic survival in these difficult times.”
And here’s a statement from Sen. Robert C. Byrd:
“I commend Patriot Coal and the Environmental Protection Agency for their determination to come to the table and work together to resolve this issue,” Byrd said. “By choosing cooperation over confrontation, Patriot and the EPA are creating a template for how coal operators and regulators can work together to protect mining jobs while also abiding by federal laws that protect the land, water, and people from negative environmental impacts.”
“In addition, I am also heartened by the announcement that the EPA and Arch Coal will continue their discussions on the future of the Spruce Mine permit. This is a very positive development.”
“Coal is critical to helping America meet its energy needs. I continue to believe that civil and candid discussions about the future of coal, as evidenced by the progress with these mining permits, can serve the long-term interests of coal miners and our state.”
“There is an achievable balance between environmental concerns and the necessary mining of coal as part of our energy portfolio. Striving for that balance, without rancor, must be our goal,” Byrd added.
Byrd also announced that next week the Army Corps of Engineers, the Environmental Protection Agency, and the West Virginia Department of Environmental Protection will begin hosting regular meetings with any interested coal companies in order to clarify the technical details and requirements associated with the processing of permit applications. These meetings will help companies to conform their proposed mining plans to federal and state laws. The first is slated for Tuesday, January 12, 2010, at the Civic Center in Charleston.
And here’s the statement from Sen. Rockefeller:
“EPA Administrator Lisa Jackson and I spoke at great length over the New Years’ holiday, and again this week, about two important West Virginia mountaintop mining matters.
“The news that the Hobet 45 mine permit can now move forward is very welcome. This means that a great many hard-working West Virginia families can have peace of mind during these difficult economic times and that is what matters most. Patriot Coal worked very hard to earn these permits and Administrator Jackson was very impressed by their dedication and strategic approach to securing these permits – they should be commended for operating effectively and in good faith with the EPA to keep mountaintop mining moving forward.
“While the Spruce Mine permit is proving to be more difficult to resolve, I have been working for several months with all parties involved and have been able to facilitate ongoing high-level communications.
“This is a step-by-step process and all sides need to be willing to come to the table to find solutions that can work. I am going to keep fighting every day for a fair and just permitting system on all sides – a system that protects West Virginia jobs and provides our mining companies the certainty that they need to do their work.”
Even with increased scrutiny and permit modifications, Patriot Coal will still bury more than 3 miles of streams with a single permit…. astonishing!
Here’s a statement from Rep. Shelley Moore Capito, R-W.Va. –
“While today’s news regarding the Hobet mine is an important step forward, it is critical that all parties continue to seek long-term clarity in this process,” said Capito.
“This issue is not about one individual mine, but about laying a clear foundation on which all miners and mine operators can build upon as they navigate the complex federal bureaucracy. I hope today’s announcement can help lay that foundation and finally bring clarity to a process made difficult by a politically driven regulatory process.
“In this vein, I hope that today’s announcement regarding the Hobet mine will serve as a model for ongoing discussions regarding the Spruce mine and countless others across our state. We must have cooperation between state and federal officials to protect West Virginia jobs and strike an appropriate balance between environmental protection and economic development.”
And here’s what West Virginia Gov. Joe Manchin had to say:
“I was extremely pleased to hear that the EPA has dropped its objections to the issuance of Patriot Coal Corp.’s Hobet 45 permit,” Gov. Joe Manchin said. This permit directly affected about 500 workers, so it is really good news for the men and women who worked there and for the economy of southern West Virginia.
“While we will continue to seek clarity from the EPA on mine permitting issues, including the Spruce No. 1 mine, we thank the EPA for working with our operators to resolve the questions they have raised.
“In addition, I thank our congressional delegation for their work in Washington on the issue of energy.
“West Virginia is an energy state, but it is also a beautiful state, so it is essential we find the balance between jobs and the environment.
“Energy independence remains a top issue for our nation. West Virginia has produced the energy needed to get this country through two world wars and a great depression, so I am confident that West Virginia will continue to be a major player in our nation’s energy future. My administration will continue to stand up for our coal miners and their families. Our state’s future depends on theirs.”
So EPA caved.
Here’s a statement just released by various environmental groups:
Today the U.S. Environmental Protection Agency (EPA) announced that it would sign off on a Clean Water Act permit for Patriot Coal Corp.’s Hobet 45 mountaintop removal coal mine in Lincoln County, West Virginia. This controversial permit now goes to the Army Corps of Engineers, which issues such permits.
This decision highlights the urgent need for the U.S. EPA to protect streams from mining waste by revising Clean Water Act regulations gutted by the Bush Administration. The Sierra Club and other national and local environmental groups encourage the Obama Administration to begin a rulemaking to exclude mining waste from the definition of ‘fill’ as a material that can be dumped in waters of the United States.
This decision marks the first mountaintop removal mining permit to move forward of those mining permits the agency earlier identified in 2009 as needing additional attention.
“Sadly, the coal industry’s undue influence over decision-makers has traded people’s health, communities, and water for profit,” said Janet Keating, Executive Director of the Ohio Valley Environmental Coalition. “We’re shooting ourselves in the future. After all the coal has been mined, what kind of economic development can happen when the water is unfit to drink and people have been driven away?”
The permit would allow Patriot to mine through more than three miles of streams, and to add millions of cubic yards of fill to existing valley fills offsite.
“We, the affected citizens that are living with the impacts of this destructive mining practice, pray that this decision is not a preview of other destructive mining permits being approved,” said Judy Bonds with Coal River Mountain Watch. “We certainly hope this is the last destructive permit approved that will allow the coal industry to continue to blast our homes and pollute our streams.”
In 2009 the EPA announced that it would conduct an enhanced review of dozens of permits to fill and otherwise destroy streams for mountaintop removal coal mining, including the Hobet 45 permit.
“Allowing this newest addition to the over 25 square miles of devastation at the Hobet complex to proceed makes one seriously question if EPA is truly interested in making a real difference,” said Cindy Rank, chair of the mining committee at West Virginia Highlands Conservancy.
“While we understand that this short term deal means more mining and destruction but also the extension of employment to mine workers, we know that mountaintop removal coal mining is not a long-term economic strategy for Appalachia,” said Bill Price, environmental justice organizer for the Sierra Club in West Virginia. “As Senator Byrd of West Virginia said last month, it is mechanization and the demand for coal that have eliminated jobs in West Virginia, and it’s time to adapt to change and to embrace clean energy solutions.”
Even with these alterations, the Hobet 45 mine would still have unacceptable adverse impacts on local waterways and therefore violates the Clean Water Act. Mining companies have already buried close to 2,000 miles of Appalachian streams beneath piles of toxic waste and debris. Entire communities have been permanently displaced by mines the size of Manhattan.
“The Obama administration rings in the new year by allowing coal companies to bury more miles of streams,” said Joan Mulhern, senior legislative counsel for Earthjustice. “There is no excuse for approving this permit when the science is clear that mountaintop removal coal mining permanently destroys streams. The administration claims to be making progress on mountaintop removal, but in reality they are still following the flawed policies put in place by the Bush administration. It is time for them to make a commitment to ending this abominable practice.”
Now we finally have a positive move on the part of Pres. Obama to help keep our coal miners and companies in operation, but of course, 50% of America’s power comes from coal, so stopping production is out of the question anyway – the technology to replace coal fired power plants will not be fully developed or implemented for another 30 to 50 years, but we must still be prepared for that fact
Is it coincedence that this mine was issued it’s permit, thus avoiding “a potentially huge fight with the United Mine Workers union” while the Spruce Mine, the ONLY MTR site to undergo an EIS still sits in limbo?
Here’s Patriot’s statement:
“We are encouraged that, through a constructive process of engagement and discussion, we have reached agreement with EPA on a mine plan that minimizes impact to the environment,” said Patriot Chief Executive Officer Richard M. Whiting. “In light of the importance of the Hobet 45 permit to our operations and our employees, we are hopeful that we can begin work in the permit area in the very near future.”
Timothy,
The issue at hand is not stopping American coal production. The issue is stopping the disastrous practice of mountaintop removal, a method of coal mining that accounts for less than 10% of American coal production and less than 4.5% of our generated electricity. For these relatively low numbers, mountaintop removal coal mining has erased 500 individual mountains and buried or impaired 2000 miles of Appalachian headwater streams.
Leveling more mountains and burying 3 additional miles of streams for a paltry amount of coal, is the opposite of sound decision for Southern West Virginia.
Mr. Price perfectly described the situation ““While we understand that this short term deal means more mining and destruction but also the extension of employment to mine workers, we know that mountaintop removal coal mining is not a long-term economic strategy for Appalachia.”
-Austin
Sen. Byrd says regular meetings with coal companies and regulators are to start taking place. Will those meetings be open to the public?
What do Senators Byrd and Rockefeller, Governor Manchin, EPA Administrator Jackson and President Obama all have in common?
None of them will have to live with the consequences of their roles in approving these nightmarish hells-on-earth.
Of course, the next time a coal company threatens its workers’ families by laying employees off, we environmentalists will still be around, as will President Obama, to take the blameregardless of facts (“market forces”) that say otherwise.
Clem,
I asked Sen. Byrd’s office that question … and was referred to the Corps public affairs office in Huntington (304-399-5353). I was told someone would get back to me, but I haven’t heard from anyone.
Ken.
EPA caved. Big surprise.
And Timothy, MTR provides less than 10% of the nation’s coal production. So what the EPA is/was doing does not even come close to ending American coal production.
[...] original post here: Blogs @ The Charleston Gazette – » EPA issues formal statement on … tags: action-work, court-since, determination, environmental, final, interim, party-name, [...]
The EPA and Obama administration may dislike coal and surface mining but are intelligent enough to understand the need for coal in the U.S. The alternatives are not ready. Reliable base load power is critical this country which is easy to realize with our current frigid weather.
There has been a lot of money recently allocated to alternative energy and conservation by the Feds and states. It will take time to change the balance but we don’t need brown or blackouts in the meanwhile or a lot of people will suffer.
Casey, again, MTR provides less than 10% of US coal production. Before the recession, it amounted to approximately 4.5% of electricity generation. Coal’s share of the US generation portfolio this year has dropped by over 6%. That more than covers the share from MTR. The US will not experience brown or blackouts because of any ban on MTR. More people suffer because of it than benefit from it.
A-mouse, our opinions differ. Keep in mind that 2009 was hopefully not the norm due to the recession coupled with a surge in natgas supplies.
But if a understand your stance correctly then you are okay with all other types of surface mining and with the burning coal for electrical generation. Is that correct?
Casey,
Let’s try to differentiate between opinions and facts — and between conclusions that are based on facts and opinions that are just opinions with little basis in fact.
A-Mouse was simply injecting a few facts — accurate figures for the share of coal that comes from MTR and the share of the nation’s electricity that comes from coal and MTR-mined coal.
A serious and supportable conclusion about what the impact of restrictions (or a ban) on mountaintop removal would be on the nation’s electricity supply must be based on some facts.
A-Mouse presents figures which suggest your OPINION that a ban on mountaintop removal would cause brown-outs, etc., is not based on any facts.
But perhaps I’m wrong — please provide us with statistics and data to support your opinion, so we can judge if it has any merit.
Ken.
Clem,
The Corps of Engineers says the meeting is open to the public. It’s at 9 a.m. on Jan. 12 at the Charleston Civic Center.
Ken.
Here’s a comment from state Sen. Ron Stollings:
“I am very happy to learn that the EPA has given their approval to release the delayed permits for the Hobet 21 and Hobet 45 mines. Now that this enhanced review has been successfully completed, the Corps of Engineers must act swiftly to ratify the permit, which will preserve about 500 coal mining jobs in Boone, Lincoln, and Logan counties. Everyone should take notice that this agreement has been reached because Patriot Coal and the EPA were both committed to complete cooperation and collaboration. The result of their diligence is a win for all sides; Patriot Coal was able to reduce its mitigation costs and the EPA was able to minimize the environmental impact without sacrificing jobs. These miners and their families have a level of security now that wouldn’t exist had all parties decided to just slug it out forever in the court system. The mining industry and our regulatory agencies must work hand in glove in order for America to meet its energy needs. I believe Patriot Coal and the EPA are to be commended for their work on the project and I believe open honest collaborations such as theirs should set an example for all pending permits. This indeed could serve as a template to try and resolve other permits still pending. Now if we make the best possible post mine land use after the mining process it will be another way for us transition away from a totally coal dependent economy in southern WV. My home.”
West Virginia State Senator Ron Stollings is a Boone County native, former coal miner and represents Boone, Lincoln, Logan and parts of Wayne counties. Senator Stollings is also an internal medicine physician practicing in Boone County. Stollings is vice chair of the Health and Human Resources committee and also serves on Energy, Industry, and Mining committee as well as the Economic Development committee.
Ken.
Since everyone seems to be on a statistics kick today, A-mouse, do you have statistics that show that more people suffer from the consequences of MTR than everyone that benefits from the cost of cheap electricity?
A-mouse, what I see happening is enviros trying to stop all coal production and not just MTM or MTR. Some protests at Massey have been at non-MTM sites. Concerns with filling valleys with fill material are a concern that applies to most of the mining (and construction) in Appalachia including underground mines that require refuse disposal. Enviros are targeting the low hanging fruit of MTM and Massey in the execution of their plan to stop the burning of coal. Coal and nuclear are fuel for base load electrical generation that are essential in eliminating power shortages.
Out of the total U.S. production of 1,171MM tons, surface production in Appalachia was 158MM (13.5%) tons in 2008 and underground was 232MM (19.8%).
http://www.eia.doe.gov/cneaf/coal/page/acr/table1.html
Many underground mines operate only because of a successful surface mine is operating at a site. An example is Fola where the deep miners were “warned” when the surface mine was in jeopardy. I’ll ignore this relationship in this rough analysis.
Coal generated 48.5% of electricity in 2007.
http://www.eia.doe.gov/cneaf/electricity/epa/epat1p1.html
About 93% of domestic production is used to generate U.S. electricity. I can only guess what portion of generation Appalachia surface production represents. With 58% of production coming from the west and being mostly < 9,000 btu/lb, Appalachia surface production at ~ 12,000 btu/lb represents a larger percentage than the tonnage implies. So maybe Appalachia surface production represents 19% of electrical generation. Now, nuclear and gas each both represent about this amount so it is a huge amount of necessary base load fuel.
http://www.nma.org/pdf/012907_forecast.pdf
So my point was that alternatives to coal are not yet ready and to change the balance will take time. Not allowing time by wanting all Appalachia surface production to cease would cause power outages. Also shifting away from coal quickly would cause large increases in electrical costs and suffering by lower income families. It would also result in more jobs shifting overseas.
A-mouse, I am assuming here that you are okay with non-Appalachia surface mining and all deep mining, as well as the mining of other minerals. Everything you use is either mined or grown.
Daniel,
While a much broader segment of society benefits from cheap electricity, the negative impacts of mining (as opposed to the negative impacts of climate change and other air pollution associated with burning coal) are confined to the coalfields of places like Appalachia.
And indeed, there is peer-reviewed research that shows the negative health impacts on coalfield communities in Appalachia outweigh the economic benefits to the region.
See this previous post:
http://blogs.wvgazette.com/coaltattoo/2009/06/20/weighing-coals-costs-and-benefits/
Ken.
Casey have you ever considered how far, exactly, planning at the social scale at which you are analyzing, is from a free market system?
It is hard for me to fathom how arguments for MTR that rely on things like “people benefit from electricity” and “the country doesn’t have an alternative” are any different from the types of social planning that in other circumstances culminate in being called a socialist or communist.
I’m just offering this as an observation that any of us who are advocating here are (from what i have seen) advocating for solutions that ignore free market ideals.
Happy New Year!
Jason, I agree that the electrical industry is burdened with central planning, communist-type oversight which is due to the monopolist nature of the beast. It is becoming more regulated and controlled by the desire from elected officials to increase the share of green generation and increase conservation. These goals are mostly not free-market economically driven, so a laissez-faire economic approach is not realistic.
If constituents want green to happen then they deserve full disclosure of all costs and impacts of this process (both sides of choices) before legislation or policies are approved. And I’m sure that government officials are not interested in subjecting the public and industry to black-outs and excessive costs that result in suffering.
In general I prefer small government and letting economics rule but I realize that this is not always realistic. I just think we should not lean toward bigger government and toward central planning unless it is really necessary.
Casey–
I did a quick check of your numbers and came up with something much lower: Appalachian surface coal provides about 7.3%, not 19% of nation’s electricity.
My estimate seems closer to numbers I generally see. Your biggest mistake was not to multiply by .487–the portion of total generation from coal. (That number is today quite a bit lower–if one uses 43% in my formulation, you get less than 7%.) The other mistake–I believe–was the way you amplified Appalachian coal for it’s higher energy content.
This is what I did:
(Appalachian surface coal x 12,000)/(total Appalachian coal x 12,000 + total other US coal x 9,000)
Note this formulation is very generous to Appalachian coal. It ignores the higher energy of Midwest coal, etc.
R.Desert, I only did quick & dirty calculations and ignored a lot of details. I believe your 43% number represents a temporary market aberration as opposed to a long term average. This number is 51% for 1996 to 2007. I agree that I was aggressive on the Btu adjustment although western coal probably averages less than 9,000 Btu since so much comes from PRB.
My number was higher in that I incorporated that 93% of U.S. production goes for U.S. electrical generation and I assumed 100% of Appalachia surface is used for electrical. Like I said I did rough numbers.
My mistake was quoting Appalachia surface responsible for electrical generation (19%) as a percent of the coal generation, as opposed to total generation. A revision using my numbers is 9.4% which is still a large number.
I think my point is still valid and that a sudden ban of Appalachia surface production would cause major power disruptions as soon as plant inventories reduced to normal levels. If green power and conservation is to be expanded then these initiatives have to be ramped up before a phase out of MTM could be considered. The trouble is that I don’t think detractors only want to stop MTM but want to eliminate all mining and burning of coal which again is problematic on many fronts. Thanks for your review to correct my data hallucination.
[...] coal mining operations in Appalachia. The permits had been put on hold during part of 2009. But the EPA approved the first one this month, giving the go-ahead to the mountaintop removal mine known as Hobet [...]
[...] Environmental Protection Agency has once again caved to coal company interests by approving the Hobet 45 permit, offering a way to approve the Spruce Mine permit and continue to ignore the irrefutable [...]
[...] And, while the Hobet 45 permit is not a perfect example — it is a pretty unique situation that isn’t an easy template for mining engineers to follow — it is obvious evidence that EPA is willing to allow one mine to bury multiple miles of streams with waste rock and dirt. [...]