Rep. Nick Rahall said Friday the Environmental Protection Agency’s decision to move ahead with plans to veto a water quality permit for the Spruce No. 1 Mine in Logan County was “unjustified.”
Gov. Joe Manchin, meanwhile, said he was “disappointed” with the federal agency’s action, and West Virginia Coal Association President Bill Raney said he was “disgusted.”
“This is an unprecedented, unjustified and undeserved decision, and I completely disagree with it, as I told EPA Administrator Lisa Jackson directly,” Rahall, D-W.Va., said.
“The owners of the Spruce Mine worked in good faith over the course of many years with state and federal permitting agencies, including the EPA, and the permit was issued after the conclusion of a full environmental impact statement,” Rahall added. “To come back now and pull the rug out from under this mining operation is unconscionable.”
Manchin said Jackson informed him of the EPA’s proposed veto Friday morning and that he had also spoken with Arch Coal CEO Steve Leer about the impact of the decision.
“I am obviously very disappointed because, the way it stands now, it means a major loss of potential jobs,” the governor said. “However, it is my understanding that the door is not completely closed on this process and Arch Coal will now need to look at its options on moving forward with continued discussions.
“I am still hopeful that something can be worked out. As governor, I will continue to do everything in my power to protect and create jobs for West Virginians.
“Coal is essential to our state’s economy and to our nation’s energy future, so we must continue to find the balance between our environment and the jobs that this reliable and affordable source of energy creates.”
Sen. Jay Rockefeller, D-W.Va., said it was “wrong and unfair for the EPA to change the rules for a permit that is already active.”
“The Spruce No. 1 Mine has made good-faith efforts to comply with all applicable laws and regulations, and I believe the EPA should honor their commitment in return,” Rockefeller added. “I will continue to push EPA officials until we can find a workable, long-term solution.”
Raney said he was “shocked, dismayed and disgusted at EPA’s actions.”
“All of the other agencies involved in the Spruce Mine permit have disagreed and opposed EPA’s efforts to initiate this veto action,” he added. “This is the most extreme example to date of EPA’s disregard and lack of respect for the will and intent of our governor, the West Virginia Legislature and the West Virginia Department of Environmental Protection to interpret and implement West Virginia statutes and programs.
“It is beyond understanding how EPA, especially in these tough economic times, can play regulatory games and revoke a permit that has been issued for three years and where men and women are working and coal production has already started. EPA’s actions ... will cast a long shadow over the Appalachian coal industry and only increase the uncertainly already created by EPA’s year-old interference in the permitting of coal mining operations in Appalachia and West Virginia.”
Raney said the coal association is urging the state’s “congressional delegation to join with the governor and members of the West Virginia Legislature and coal miners across the state to participate vigorously in the public hearing and input process that will follow this disappointing announcement from EPA.”
Sen. Robert C. Byrd, D-W.Va., said the EPA’s announcement “begins a process that enables the company and the public to comment on the matter in writing and at public hearings. I would strongly encourage all parties to seek a balanced, fair, reasonable compromise.”
Byrd added, “EPA Administrator Jackson reiterated to me that more wide-ranging guidance is forthcoming in the near future, providing clarity relating to water quality issues and mining permits. I encouraged her to move forward as soon as possible so those seeking approval of permits can fully understand the parameters for acceptable activity under the Clean Water Act.”
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