Stop the EPA from Setting a Precedent that Threatens Mines Across Appalachia

A very interesting post from www.facesofcoal.org about the attack on domestic fuel development. This follows this post about foreign condemnation of the United States from WITHIN the UNITED STATES and this previous article about the recent news about offshore drilling to encourage American energy independence This is a key issue to prevent money from going to hostile countries such as Iran and Venezuela. For more posts like this click here.


The U.S. Environmental Protection Agency (EPA) has steadily increased its attacks on Appalachian coal mining throughout the year – and has severely overstepped its authority with the revocation on the Spruce No. 1 mining permit.
Why is Spruce No. 1 so important? It’s the first and only time that the EPA has pulled an existing permit and only the 12th time since 1972 that a permit has been vetoed.
The arbitrary actions of the EPA are completely unlawful since the Spruce No 1. mine received all of the necessary approvals after a decade-long process that required authorization from the West Virginia Department of Environmental Protection (WVDEP), the U.S. Army Corps of Engineers (USACE) and yes, the EPA.
With those approvals, the mine was in operation for three years before the EPA revoked the permit utilizing a provision of the Clean Water Act that only applies before a permit has been issued and against the opinion of the USACE – and the EPA fully acknowledges that they have never used this authority in the 38 years since the Clean Water Act was enacted.
The public comment period on the Spruce No. 1 Mine announcements is open until June 1, 2010 and we need our FACES members to write the EPA and tell them that this unprecedented action should be reversed. We cannot allow the EPA to turn this action into a disastrous precedent that endangers the future of mining in Appalachia.

To submit your comment, you must use the online form at: www.regulations.gov / docket number EPA-R03-OW-2009-0985-0001

When writing, introduce yourself and describe your opposition to the EPA’s action against the Spruce No. 1 mine. Feel free to copy and paste the text below into your message. Federation for American Coal, Energy and Security(FACES of Coal)Suggested text:

I am writing to oppose the revocation of the Spruce No. 1 Mine permit. After three years of operation and after over a decade of permit review by state and federal regulators the EPA revoked the Spruce No. 1 without proper authority or precedent.
To shut down the mine, the EPA is claiming authority under a provision of the Clean Water Act – § 404(c) – that only applies before a permit has been issued, an authority the EPA did not use when the permit was under review in 2007 and goes against U.S. Army Corps of Engineers (USACE) opinion, which contends that the EPA has no grounds for revoking the permit.
The EPA is using a Clean Water Act provision and yet, an environmental impact statement compiled by the USACE and reviewed by the EPA concluded that the Spruce No. 1 mining site would “contribute minimally to cumulative impacts on surface water quality” and would add waterways and wetlands after reclamation of the mined lands.
The action against the Spruce No.1 mine is unfair, outrageous and wholly exceeds the authority of the EPA. It threatens of hundreds of jobs at the mining site and could have serious repercussions for all mining jobs in West Virginia and throughout Appalachia.
Coal mining operations already comply with strict environmental standards set by the local, state and federal governments. In addition to complying with all environmental laws and regulations, the coal industry creates new economic opportunities, while meeting the nation’s energy requirements. I strongly urge you to reinstate the Spruce No. 1 permits and provide a fair and realistic approach to evaluating environmental and economic priorities in Appalachia.