• Skip to primary navigation
  • Skip to main content
  • Skip to footer
appalachian citizens law center logo

Appalachian Citizens' Law Center

We Fight for Justice in the Coalfields

  • Who We Are
    • About Us
    • Staff & Board
    • Internships & Fellowships
    • Job Openings
    • Contact
    • Financials
  • What We Do
    • Environmental Justice
    • Miners’ Health & Safety
    • Policy & Research
    • Advocacy
  • Get Help
    • Federal Black Lung Benefits
    • Black Lung Associations
    • Environmental Problems
    • Mine Safety Discrimination
  • Take Action
  • News
  • DONATE

EPA Review of Surface Coal Mining

April 23, 2010 Environmental

It’s been a few weeks now since EPA issued its guidance on “Improving EPA Review of Appalachian Surface Coal Mining Operations.” Despite the fact that the guidance was effectively immediately after its April 1, 2010 release, there are still significant questions about what the guidance will mean for new mine permitting in Central Appalachia.
One thing is clear though, the process of permitting a large surface mines just got a lot more stringent.  The AP reported on April 1, that Lisa Jackson, Administrator of the EPA said, “You’re talking about either no or very few valley fills, that’s just the truth, that’s the science of it.”
We at ACLC thank EPA for following the science regarding the unchecked harm to our water and our communities that has occurred from large-scale surface mining.  The science dictates what the Clean Water Act will allow.  We are cautiously optimistic that this heralds a significant change in the way mining is conducted in Eastern Kentucky and Southwest Virginia.
We hope that the change is long lasting, even as we are aware that this guidance is not a statute or a rule and can be easily undone by future administrations.
The Guidance was published in the Federal Register on April 12, 2010.  Comments are being accepted at regulations.gov through December 1, 2010.  http://www.regulations.gov/search/Regs/home.html#docketDetail?R=EPA-HQ-OW-2010-0315.
What Does the Guidance Mean for §402 Permitting?
Section 402 of the Clean Water Act provides that no discharges of pollutants into waters of the United States can be allowed without a permit.  Permits for discharge of pollutants from mines are granted under Section 402 by the states, with oversight by EPA.  The discharge points are typically from pipes that drain the mine’s sediment ponds.
Under EPA’s technology-based effluent limits, set in the early 1980s, only pH, iron, manganese, and total suspended solids are limited.  Historically, those limits are all that have been applied to Section 402 permits for coal mines.
EPA’s guidance changes the Section 402 permitting situation considerably.  The guidance indicates that for most, if not all, surface mines, additional permitting restrictions will be required.  These additional restrictions, called water quality based effluent limitations, are needed to ensure that a mine’s discharge does not cause or contribute to a water quality violation in the receiving stream.
The impact of mine discharges on water quality in Appalachia’s streams is significant.  The science is uncontroverted.  Numerous peer-reviewed scientific studies, as well as EPA’s own studies, indicate that surface mining, and valley fills in particular, have significantly degraded the water quality of Appalachia’s streams.  Several pollutants from mines and pollutant indicators, including selenium, total dissolved solids, and conductivity, have been identified as causing significant impairment of stream health and aquatic life.
EPA’s new guidance regarding Section 402 permitting will require that permit limits be put in place to reduce the amount of pollution from surface mines to a level sufficiently low enough to ensure the health of the receiving stream.  Under the guidance, new permit applications for most mines will be required to meet limits on discharges of selenium, total dissolved solids, and other pollutants.  The limits will be based on data submitted by the mine operator before mining occurs that projects what pollutants will be released by the mine and how much.  The state will use those projections to set Section 402 permit limits.
EPA’s guidance specifies benchmarks for conductivity that must be used in determining whether a mine’s discharge has the reasonable potential to cause or contribute to a violation of state water quality standards in the receiving stream. Conductivity is a way of measuring the overall salinity of water.  EPA has determined based on scientific evidence that any time in-stream conductivity is 500 μS/cm or greater, a reasonable potential for a water quality violation exists.  In such circumstances, new permits can only be issued if EPA, in conjunction with the state, determines that the new discharge is not likely to cause a violation.  If a new discharge is likely to result in in-stream conductivity between 300 and 500 μS/cm, EPA will work with the state to ensure permit conditions that will keep the in-stream conductivity below 500 μS/cm.
The guidance indicates that officials at the EPA Regional Offices will use their oversight authority to object to state-issued Section 402 permits that do not provide sufficient documentation.  This process will assure that under the conditions imposed by the permit, the mine discharge does not have the reasonable potential to cause or contribute to a violation of water quality standards in the receiving stream.  If EPA objects to a state-issued permit, the ultimate authority over whether a permit is issued may pass to EPA.

Footer

Appalachian Citizens' Law Center

317 Main St, Whitesburg, KY 41858

(877) 637-3929 Toll Free

(606) 633-3929

© Addison Williams Hero Image

Recent Posts

  • Amid Chaos Caused by Funding Cuts, Layoffs, and Policy Rollbacks, Appalachian Leaders Release Appropriations Priorities for Congress
  • Assault on Coal Miners Continues as MSHA Halts Enforcement of Life-Saving Silica Dust Safeguard
  • ANNOUNCEMENT: ACLC Welcomes Caroline Rubens As New Fundraising Officer
  • Our statement on the dismantling of the National Institute of Occupational Health and Safety
  • Advocates Call on Congress to Make Sure Coal Companies Don’t Skip Out on Black Lung Responsibilities

Recent Comments

    Archives

    • May 2025
    • April 2025
    • March 2025
    • February 2025
    • December 2024
    • September 2024
    • August 2024
    • June 2024
    • May 2024
    • April 2024
    • March 2024
    • February 2024
    • January 2024
    • October 2023
    • September 2023
    • August 2023
    • June 2023
    • April 2023
    • March 2023
    • February 2023
    • January 2023
    • December 2022
    • November 2022
    • October 2022
    • September 2022
    • August 2022
    • July 2022
    • June 2022
    • May 2022
    • April 2022
    • March 2022
    • January 2022
    • December 2021
    • November 2021
    • October 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • November 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019
    • June 2019
    • May 2019
    • April 2019
    • March 2019
    • February 2019
    • January 2019
    • December 2018
    • November 2018
    • October 2018
    • June 2018
    • May 2018
    • April 2018
    • January 2018
    • June 2017
    • May 2017
    • December 2016
    • November 2016
    • October 2016
    • September 2016
    • August 2016
    • February 2016
    • January 2016
    • December 2015
    • October 2015
    • September 2015
    • August 2015
    • July 2015
    • June 2015
    • February 2015
    • December 2014
    • November 2014
    • October 2014
    • September 2014
    • August 2014
    • July 2014
    • June 2014
    • May 2014
    • April 2014
    • March 2014
    • February 2014
    • January 2014
    • December 2013
    • July 2013
    • June 2013
    • May 2013
    • April 2013
    • March 2013
    • February 2013
    • January 2013
    • December 2012
    • October 2012
    • September 2012
    • August 2012
    • July 2012
    • June 2012
    • May 2012
    • April 2012
    • February 2012
    • September 2011
    • August 2011
    • May 2011
    • February 2011
    • January 2011
    • September 2010
    • August 2010
    • July 2010
    • June 2010
    • May 2010
    • April 2010
    • February 2010
    • January 2010
    • January 1970

    Categories

    • Abandoned Mine Lands
    • ACLC News
    • Advocacy
    • Bankruptcy
    • Black Lung
    • Case Study
    • COVID-19
    • Environmental
    • Flooding
    • Just Transition
    • Justice
    • Mine Safety
    • Press Release
    • Uncategorized
    • Water

    Meta

    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org
    • Who We Are
      • About Us
      • Staff & Board
      • Internships & Fellowships
      • Job Openings
      • Contact
      • Financials
    • What We Do
      • Environmental Justice
      • Miners’ Health & Safety
      • Policy & Research
      • Advocacy
    • Get Help
      • Federal Black Lung Benefits
      • Black Lung Associations
      • Environmental Problems
      • Mine Safety Discrimination
    • Take Action
    • News
    • DONATE

    Sitemap

    Copyright © 2025 Appalachian Citizens' Law Center

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok