Secretary of the Interior Ken Salazar issued an order on Monday (11/28) postponing the proposed consolidation of the Office of Surface Mining Reclamation and Enforcement (OSM) and the Bureau of Land Management (BLM). In October, Secretary Salazar announced plans to merge OSM, which regulates coal mining and reclamation, with BLM, which oversees federal lands and energy leases, effective as of December 1 of this year, in order to improve efficiency and reduce agency resource needs. The new order gives the US Department of the Interior (DOI) officials until February 15, 2012, to meet with stakeholders and provide a written report concerning the potential effects of the merger on those impacted by coal mining, including industry, tribes, state regulators and local communities. Monday’s order also states a new effective date for the merger will be set following the issuance of the February report.
On November 23 the Inspector General of the federal Environmental Protection Agency released a report stating that EPA and the U.S. Army Corps of Engineers take longer than their statutory goals state to issue coal mining permits inAppalachia.
Senate Environment and Public Works Committee ranking member Jim Inhofe (R-Okla.) requested the report in October 2010. Inhofe asked the IG to look at the status of 237 mining permit applications and the time it took to review each, the reasons for the length of review and the number of permits that fell under EPA’s “enhanced review” and “conductivity” procedures. Army Corps regulations say permits should be completed in 60 to 90 days, but the Corps has an internal goal of 120 days for processing permits, the IG found.
The report reviewed 185 projects over the last year, for which the Corps issued 30 percent of the permits. Of the 56 permits issued, 23 were finished within the 120-day goal. Out of 66 pending applications, 41 have been in process for more than a year. Of the total projects, 75 exceeded two years, though that includes withdrawn permit applications.
The inspector general's office found several reasons for permit review delays, including the complexity of issues and new scientific evidence about the environmental impacts of coal mining. The report also found "involvement by EPA headquarters" to be a reason for permit review lengths.
For a copy of the report contact jbostic@wvcoal.com
On November 17th, a coalition of groups opposed to coal, filed suit in the D.C. District Court requesting the EPA act on their petition to establish performance standards for methane, volatile organic compounds and particulate matter emissions from coal mines under the Clean Air Act. A copy of the complaint is available here. In June 2010, these plaintiffs petitioned EPA to list coal mines as a stationary source and establish performance standards for these pollutants. Petitioners claim EPA’s delay in responding is unreasonable. The suit cannot force EPA to grant the petition nor set the standards plaintiffs are seeking; rather, the suit is aimed at forcing the agency to take action on the petition. Given the importance of this issue, and to potentially lessen the likelihood that EPA will simply settle the litigation and agree to an unreasonable rulemaking schedule, the National Mining Association (NMA) intends to intervene in the litigation.
The Governor’s Energy Summit, sponsored by the WV Governor’s Office and the WV Department of Commerce is a one-day conference, entitled West Virginia: Energy Powering Economic Development, will be held on Tuesday, December 6, beginning at 8:30 a.m. at the Stonewall Resort. It will feature presentations on energy independence and security, carbon challenges, alternative fuels, and coal and natural gas resources.
For registration purposes, an online link has been established at: www.energywv.com/energysummit.
This online link is for conference attendance only. Should you require lodging, please contact the Stonewall Resort directly at (304) 269-7400. A block of rooms is being held for the evening of December 5 for the “Governor’s Energy Summit” at a rate of $99/night. All reservations should be made no later than Saturday, November 19.
Rep. David B. McKinley, R-W.Va., became the first-ever freshman member of Congress to be named a recipient of the Annual Achievement Award by the prestigious Washington Coal Club (WCC) on Wednesday.
McKinley was honored due to his strong advocacy for the continued use of coal alongside House Appropriations Committee Chairman Hal Rogers, R-Ky., according to a news release from McKinley's office. Sen. Kent Conrad, D-N.D., and Dr. Janos Beer of the Massachusetts Institute of Technology were honored with the Lifetime Achievement Award.