The Register-Herald, Beckley, West Virginia

Local News

January 2, 2010

Rahall hopes Hobet permit helps break ‘logjam’

By Mannix Porterfield

New Year’s Eve talks led the U.S. Environmental Protection Agency to give its assent to a Patriot Coal Corp. permit in Logan and Lincoln counties, where some 500 jobs are at stake, Rep. Nick Rahall disclosed Saturday.

From the EPA, the delayed permit — one of 23 in West Virginia on hold over water quality concerns, prompting intense debate — goes to the U.S. Army Corps of Engineers, where final approval is expected, Rahall, D-W.Va., said.

“This is certainly progress,” he said. “This is tremendous progress.”

Rahall acknowledged each permit is different, a fact not lost on EPA Administrator Lisa Jackson, with whom he has been in contact the past few days.

“But if we provide some basics here, maybe this will serve as a model for the other permits and break the logjam loose,” he added.

Jackson agreed to release the permit for the Hobet 21 Mine, entailing roughly 500 union jobs, Rahall said. A portion of the mine, known as Hobet 45 in Lincoln County, was one of 23 West Virginia surface mine permit applications the EPA said in September it was holding for “enhanced review.” A 60-day review began Nov. 2.

“Patriot has been very good about this,” Rahall said. “They did the work, of course. And she (Jackson) had high words of praise for the company and their willingness to ensure the water quality and take the steps that were necessary.”

Rahall said he discussed the overall issue of delayed permits that has sparked an ongoing feud between the coal industry and the Obama administration.

“And she certainly agreed with me that clarity and certainty are needed in this process,” the congressman said.

“That’s what they are working very hard on — an expeditious manner to provide our coal miners and our coal providers.”

Negotiations remain in progress on another permit which the EPA plans to revoke, the Spruce No. 1 Mine of Arch Coal in Logan County. That one has going back and forth like a pingpong match between a federal judge and the appeals court.

“That may continue to be litigated,” Rahall said. “EPA will proceed to revoke that permit. That’s not to stop the negotiations completely.

“I know they’ve (Arch Coal) given up a lot. They made a great deal of concessions.”

Perhaps, he suggested, some portions of the permit might be allowed by EPA.

The 23 permits in West Virginia were among 79 in Appalachian held in limbo while the EPA attempts to ascertain if they comply with the Clean Water Act.

“We’ll continue talking,” Rahall said.

A meeting is being planned soon with Jackson, her staff, Gov. Joe Manchin and Rahall and his staff, the congressman said.

Less than two weeks ago, Sen. Robert C. Byrd, also D-W.Va., met with Jackson in an effort to produce clarity and certainty in the permitting process. Afterward, Byrd termed it “a very positive” discussion.

— E-mail: mannix@register-herald.com

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