Representatives of the West Virginia Coal Association will testify
Wednesday evening in favor of proposed revisions to the federal Stream
Buffer Zone regulations.
The rule changes are proposed by the federal Office of Surface Mining,
which will conduct a public hearing on the subject, Wednesday, October
24, beginning at 6:00 p.m. at the Charleston House Holiday Inn in
Charleston.
WVCA President Bill Raney will testify in support of the rule change,
along with others from the Association’s staff and membership.
Representatives of the West Virginia Coal Association will testify
Wednesday evening in favor of proposed revisions to the federal Stream
Buffer Zone regulations.
The rule changes are proposed by the federal Office of Surface Mining,
which will conduct a public hearing on the subject, Wednesday, October
24, beginning at 6:00 p.m. at the Charleston House Holiday Inn in
Charleston.
WVCA President Bill Raney will testify in support of the rule change,
along with others from the Association’s staff and membership.
According to Raney, “The practice of valley fill construction was
formally recognized by Congress with the passage of the Surface Mining
Control and Reclamation Act of 1977. But, in the 30 years since the
passage of that legislation, opponents of the coal industry has
unceasingly attempted to curtail Appalachian surface and underground
coal production by means of litigation directed at outlawing valley
fills.”
“There are some in the anti-mining community that will have you believe
that the revisions to the Stream Buffer Zone rule are allowing the coal
industry to do something that we previously could not. Nothing is
further from the truth. Anti-coal factions have engaged in an
‘alternative reality’ in which they claim that the Stream Buffer Zone
rule prohibits valley fill construction. This is clearly not the case,
and has never been the case, which has been borne out in numerous court
cases and an examination of the regulatory history of the Surface
Mining Act.”
“Now,” Raney continued, “we have the opportunity to put an end to the
wasteful litigation which has seriously hampered energy production for
the last ten years. This rule will make it crystal clear that valley
fills are a highly regulated, but necessary practice in steep slope
underground and surface coal mines. It’s time to put this controversy
to rest and get on with the business of producing reliable, low-cost
critically needed energy for this country.”
While supportive of the revisions related to the Stream Buffer Zone
regulations, the Coal Association believes other parts of the changes
should be abandoned in order to avoid conflicts with other permitting
programs that are administered by the U.S. Army Corps of Engineers and
federal Environmental Protection Agency.
“There are parts of the proposed regulation changes that would lead to
conflicts with other permitting programs and exceed OSM’s authority
under the Surface Mining Act. We believe these changes are
ill-advised, as they will further frustrate, complicate and delay the
already elongated mining permit process. We believe OSM should stick
to the primary goal of the planned revisions- to clarify the
applicability of the Stream Buffer Zone and abandon the remaining
revisions.”
