A U.S. Government Accountability Office (GAO) report released two weeks ago faulted the Environmental Protection Agency’s (EPA) enhanced review of 79 surface coal mining-related Section 404 permits. The report found that the agency:
· Has been ineffective in enhancing coordination or streamlining the permitting process;
· Hinders coordination by failing to send decision-makers to monthly meetings of regulators and stakeholders;
· Requests substantive changes in processes that have already been approved and begun, resulting in additional delay and cost;
· Encroaches on state authority by insisting on how mines are to be designed;
· Fails to communicate to state officials all pertinent information required for state permit consideration and approval; and
· Adds to the uncertainty by preventing permit applicants from sharing information from past reviews.
GAO concluded that only six permits have been issued since EPA began its enhanced review in early 2009; 36 permits are still waiting to be in the enhanced review; and only one permit is currently under enhanced review. The GAO report was requested by House Natural Resources Committee Chairman Nick Rahall. This report should be strong information for the investigations that have been promised by new House leaders. Overall, the report questions the legality of some of EPA’s review practices and its attempts to usurp the authority of the Corps of Engineers over the Section 404 program and of the states on related water quality matters. A copy of the report is available upon request.