Proposed revisions to the federal Stream Buffer Zone regulations

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.”