Well, the antics continue as they’re none too pleased with the EPA these days. It seems the EPA has got it in for Apple Juice creeks and Gatorade streams. Typical right?! Far as we know, Lisa Jackson and Obama don’t yet mind Willa Wonka’s chocolate river, but we’ll keep you posted.
You see back in April, the EPA took a major step toward ending the destructive practice of mountaintop removal coal mining when it introduced new guidance standards for new and pending surface mining permits in Appalachia. The guidance establishes a range of acceptable levels of conductivity, an indicator of the presence of salts and heavy metals, in waters below mountaintop removal operations. Levels of conductivity beyond 500 microsiemens are considered harmful and grounds for the EPA to deny mining companies a Clean Water Act permit. Levels between 300-500 microsiemens are considered suspect.
FACES of Coal doesn’t like this. Hey, they argue, Apple Juice and ‘good ol’ Gatorade have higher conductivity levels than the EPA’s limit! The fact that Apple Juice and Gatorade wouldn’t sustain life in a stream, and the fact that streams below mountaintop removal operations have been found to be dangerously toxic don’t seem to enter into FACES logic.
A new video on the FACES website explains, “We all need and expect clean water but water in streams is complicated and sadly there are some people right now who are telling us that mining pollutes our streams.”
Well, FACES wants you to know “The Truth about Stuff in Streams.”
Not the truth about heavy metals and chemicals like arsenic, lead, mercury, and selenium in streams, but the truth about “stuff” in streams. Does FACES anonymity and innocuous, unscientific language ignite your trust? If not, perhaps the following statement from their video will:
“Some of the things that might be in the water from a mine site, might be iron, you might have some zinc, you might have copper, selenium,” Ben Faulkner explains to a group of young students in the FACES video. “By the way where did I get these what are these?” Faulkner asks holding up some bottles, “They’re vitamins!!! So don’t let people tell you that iron and zinc are toxic chemicals cause you got to have em. If you don’t have em in your body and you don’t take a vitamin you get sick!”
It’s almost as if the coal industry wants us to thank them for making our headwater streams a part of a balanced breakfast.
Mmmm… SeleniO’s.
FACES has other complaints as well.
They argue:
– “No evidence has been presented that uniquely correlates higher conductivity levels with coal mining or valley fills.”
– “The necessary scientific analysis, including collecting sufficient data, has not been conducted to establish a cause-and-effect relationship between conductivity and adverse effects on water quality” and;
– “EPA presents no evidence that the designated uses of these waters have been harmed.”
But unsurprisingly, there is a wealth of scientific evidence and analysis that supports EPA’s guidance.
Recent studies, as well as the experiences of Appalachian coalfield communities, point to new environmental and health challenges that were largely unknown even ten years ago. Since 1992, nearly 2,000 miles of Appalachian streams have been filled at a rate of 120 miles per year by surface mining practices. A recent EPA study found that nine out of every 10 streams downstream from surface mining operations were impaired based on a genus-level assessment of aquatic life.
Another federal study found elevated levels of highly toxic and bioaccumulative selenium in streams downstream from valley fills. These impairments are linked to contamination of surface water supplies and resulting health concerns, as well as widespread impacts to stream life in downstream rivers and streams. Further, the estimated scale of deforestation from existing Appalachian surface mining operations is equivalent in size to the state of Delaware. Appalachian deforestation has been linked to significant changes in aquatic communities as well as to modified storm runoff regimes, accelerated sediment and nutrient transport, reduced organic matter inputs, shifts in the stream’s energy base, and altered thermal regimes. Such impacts have placed further stresses on water quality and the ecological viability of watersheds.
Robert C. Byrd “may come closer to the kind of senator the Founding Fathers had in mind than any other.” — Almanac of American Politics
Senator Robert C. Byrd (D-WV) passed away early this morning at the age of 92. Senator Byrd is the longest serving member of the United States Congress in American history, and as the Senate’s “President Pro Tempore,” Senator Byrd was third in line to the Presidency. According to his website, he cast more than 18,680 roll call votes — more votes than any other Senator in American history — compiling an amazing 97 percent attendance record in his more than five decades of service in the Senate. He ran for office 15 times and never once lost a race.
Driven by desire to see life improved for those in the coalfields where he was raised, Senator Byrd used his position as Chairman of the Appropriations Committee to bring billions of dollars back to his home state. During a life of high achievement and leadership, he considered this his greatest achievement. When a balanced budget amendment was defeated in 1994, Senator Byrd said, “The basic power which is probably more fundamental than any other power in the Constitution is the power of the purse. That power of the purse belongs to the people, and that is where it is vested.”
In 1937, at the age of 19, Senator Byrd married his high-school sweetheart Erma Ora James. The two were married until her passing in March of 2006. They are survived by 2 children, 5 grandchildren, and 6 great-grandchildren. A consumate musician and entertainer (listen to him play Cripple Creek), Senator Byrd was also a prolific writer, publishing on topics from Senate History to life in the coalfields. He was famous for his knowledge of the United States Constitution and was known to carry a pocket copy with him at all times, often waving it in the air during impassioned speeches on the floor of the United States Senate. Although Senator Byrd was a Democrat, his non-partisanship impressed his colleagues, and he was even considered for a spot on the Supreme Court by President Nixon, a Republican.
The industry of coal must also respect the land that yields the coal, as well as the people who live on the land. If the process of mining destroys nearby wells and foundations, if blasting and digging and relocating streams unearths harmful elements and releases them into the environment causing illness and death, that process should be halted and the resulting hazards to the community abated.
In recent years, West Virginia has seen record high coal production and record low coal employment … The increased use of mountaintop removal mining means that fewer miners are needed to meet company production goals.
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It is also a reality that the practice of mountaintop removal mining has a diminishing constituency in Washington. It is not a widespread method of mining, with its use confined to only three states. Most members of Congress, like most Americans, oppose the practice, and we may not yet fully understand the effects of mountaintop removal mining on the health of our citizens. West Virginians may demonstrate anger toward the Environmental Protection Agency (EPA) over mountaintop removal mining, but we risk the very probable consequence of shouting ourselves out of any productive dialogue with EPA and our adversaries in the Congress.
Some have even suggested that coal state representatives in Washington should block any advancement of national health care reform legislation until the coal industry’s demands are met by the EPA. I believe that the notion of holding the health care of over 300 million Americans hostage in exchange for a handful of coal permits is beyond foolish; it is morally indefensible. It is a non-starter, and puts the entire state of West Virginia and the coal industry in a terrible light.
To be part of any solution, one must first acknowledge a problem. To deny the mounting science of climate change is to stick our heads in the sand and say “deal me out.” West Virginia would be much smarter to stay at the table.
His Senate staff remain some of the hardest working people on Capitol Hill, and have made enormous efforts to find out the facts about the impacts of mountaintop removal on coalfield communities. He proudly stood up against Don Blankenship and the arrogance of Massey Energy. One of his last public actions was to publicly blast Don Blankenship and Massey’s record at Upper Big Branch at a recent Senate hearing on May 20th. You can see the webcast of that here.
From a young age, Senator Byrd was an outstanding fiddler, gracing the stages of the Kennedy Center, the Grand Ol’ Opry, and Hee Haw, even releasing his own album called “Mountain Fiddler.
“Click “PLAY” on the slideshow below to hear the Senator play a few wonderful tunes.
Rest in peace Senator. Our thoughts and prayers are with your family, friends, staff, and your great state of West Virginia.
Appalachian Voices traveled to eastern Kentucky to show Reuters the impact of mountaintop removal.Kentuckians for the Commonwealth, a partner organization, helped to coordinate the trip.
The video focuses on the impacts of mountaintop removal in eastern Kentucky and the great strides Google Earth has made in communicating the scale of the devastation it is causing.
“What Google Earth allows you to do is to show this is millions of acres,” said Matt Wasson referring to how important a tool Google Earth is in showing the bird’s eye view of the immense destruction spreading across the Appalachian Mountains.
Rick Handshoe, resident of Floyd County Kentucky and member of Kentuckians for the Commonwealth shares Wasson’s concern.
In the video he vividly describes the pollution that mountaintop removal mining has caused in streams while the camera pans slowly across the creeks gurgling brown down the hillside. The land has been in his family for nearly 200 years.
Dr. Matthew Wasson, an ecologist and the director of programs for Appalachian Voices, also took some still shots of mountaintop removal and valley fills while there.
You’ve heard of the dirty dozen? Well, thanks to Senator Barbara Mikulski of Maryland, we now have the Clean Water Dozen! That’s 12 Senators supporting the Appalachia Restoration Act, and in so doing, standing up for clean water and against mountaintop removal coal mining.
Senator Barbara Mikulski (D-MD) is a 4th term Democrat from Maryland, who signed on as a cosponsor of the act on June 21, 2010. Both Senators from Maryland – Mikulski and Cardin – now support the legislation.
Senator Mikulski serves on the; Appropriations Committee where she is the chairwoman of the Commerce, Justice, Science, and Related Agencies subcommittee, Health, Education, Labor, and Pensions Committee where she is the chairwoman of the Retirement and Aging subcommittee, and the Select Committee on Intelligence.
Make sure the Senator knows we appreciate her support! You can send her a message on Facebook or Twitter.
Hats off to our dedicated activists in Maryland who made this possible.
Benjamin L. Cardin – MD
Lamar Alexander – TN
Dianne Feinstein – CA
Robert Menendez – NJ
Richard Durbin – IL
Kirsten E. Gillibrand – NY
Barbara A. Mikulski – MD
Sherrod Brown – OH
Sheldon Whitehouse – RI
Amy Klobuchar – MN
Frank R. Lautenberg – NJ
Bernard Sanders – VT
Two blockbuster reports released today by Downstream Strategies reveal that every year the coal industry costs West Virginia and Tennessee millions more than it brings in. Examining the revenues and expenditures of coal industry employment, taxes and subsidies in Tennessee and West Virginia, the reports confirm the suspicions of many skeptical of Big Coal’s tired talking points.
Like this one from FACES of Coal:
“Economically healthy coal mining equals a healthy community.”
Well, besides the fact that I doubt you or anyone you know wants to live or work near this:
While contending with this:
Downstream Strategies now points out that in West Virginia the coal industry brought $600.7 million in revenues to the state in 2009, which turns out to be $97.5 million less than the $698.2 million the industry cost the Mountain State in the same year. In Tennessee, the bottom line amounted to an estimated net economic loss of $3 million.
In other words, coal actually costs these states money.
So what does the coal industry mean when they say “healthy”? They don’t mean healthy waterways, like this “stream”, do they?
What about the overall health of coalfield communities? The Gallup-Healthways’ Well-Being Index shows that Appalachian congressional districts where mountaintop removal is most prevalent are the unhealthiest in the nation year after year.
FACES of Coal! You lovably, anonymous “people” are such cut ups!
In any case, lead author of the Downstream Strategies reports, Rory McIlmoil notes, “While the coal industry provides significant benefits for state budgets, the industry also imposes substantial costs that impacted the budgets of both states in 2009. These are costs that, lacking a change in state policy, will be paid by the citizens of Appalachia for decades.”
The reports are two in a series of studies on coal’s impact to the economy of Central Appalachia. Another was released on Kentucky last year, and an evaluation of Virginia is expected in the future. Copies of both reports can be found at www.downstreamstrategies.com.
The US Army Corps of Engineers has decided to suspend the “streamlined” Nationwide Permit 21 in Appalachia.
According to statements made by Meg Gaffney-Smith, Chief of the Army Corps of Engineers Regulatory Program:
“Under the surface coal mining MOU, we identified concerns with surface coal mines specifically related to mountaintop removal…within those states.”
“Over the past several years, we have had enough new information, much of it complied by the Corps and other interested parties, that indicated that there may be concerns with this particular type of mining technique, impacts to aquatic resources and water quality, and how well stream mitigation projects were performing….we believed it was best to suspend NW permit 21 in this region.”
This is an enormous victory for coalfield citizens who have worked for years and years to end the abusive nationwide permitting process. Companies seeking to do fills will now need to use the more stringent individual permitting process, which allows for greater public input.
iLoveMountains.org has more about the lead up to this decision here, here, and here. As always, Ken Ward has more over at Coal Tattoo.
Press Statement from iLoveMountains.org
iLoveMountains.org is pleased that the Obama Administration has recognized the need to give full environmental review to valley fills, which are associated with the enormously destructive process of mountaintop removal coal mining.
The decision by the Army Corp of Engineers to suspend the Nationwide 21 permitting program till 2012 is a good start and should be extended beyond. Already more than 2000 miles of streams have been obliterated and thousands more exposed to toxic pollution. The Obama Adminstration needs to now take the next step and put a halt to all valley fills associated with mountaintop removal mining immediately. As scientist Margaret Palmer concluded in the study, “Mountaintop Mining Consequences,” published in the journal, Science, “The scientific evidence of the severe environmental and human impacts from mountaintop removal is strong and irrefutable. Its impacts are pervasive and long lasting and there is no evidence that any mitigation practices successfully reverse the damage it causes.”
We also encourage Congress to take action by putting a permanent stop to valley fills associated with mountaintop removal by passing the Pallone-Reichert Clean Water Protection Act, H.R. 1310, and the Cardin-Alexander Appalachia Restoration Act, S.B. 696, immediately.
Press releases from Army Corps of Engineers below…
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Army Corps of Engineers announces decision to suspend Nationwide Permit 21 in the Appalachian Region
WASHINGTON – The U.S. Army Corps of Engineers announced today it has suspended the use of Nationwide Permit 21 (NWP 21) in the Appalachian region of six states. NWP 21 is used to authorize discharges of dredged or fill material into waters of the United States for surface coal mining activities. The suspension is effective immediately and applies to the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia. NWP 21 continues to be available in other regions of the country.
The suspension in Appalachia will remain in effect until the Corps takes further action on NWP 21 or until NWP 21 expires on March 18, 2012. While the suspension is in effect, individuals who propose surface coal mining projects that involve discharges of dredged or fill material into waters of the United States will have to obtain Department of the Army authorization under the Clean Water Act, through the Individual Permit process. The individual permit evaluation procedure provides increased public involvement in the permit evaluation process, including an opportunity for public comment on individual projects.
On June 11, 2009, the U.S. Department of the Army, U.S. Department of the Interior and the U.S. Environmental Protection Agency signed a Memorandum of Understanding with each agency agreeing to work together to reduce the adverse environmental impacts of surface coal mining activities in the Appalachian region. As a part of the MOU, the Corps agreed to issue a public notice to seek comment on the proposed action to modify NWP 21 to preclude its use in the Appalachian region.
On July 15, 2009, a Federal Register notice was published soliciting public comment on the Corps’ proposal to modify NWP 21. The notice also proposed to suspend NWP 21 in order to provide more immediate environmental protection while the longer-term process of modification is fully evaluated. The comment period was extended in response to many requests, and public hearings were conducted in October 2009 in each of the six affected states. Approximately 6,000 individuals attended the public hearings and about 400 individuals provided oral testimony. The Corps received approximately 23,000 comments during the comment period that concluded on October 26, 2009, of which 1,750 were substantive comments that were nearly evenly divided for and against the proposed modification and suspension actions.
The Corps determined after a thorough review and consideration of comments that continuing use of NWP 21 in this region may result in more than minimal impacts to aquatic resources. Activities that result in more than minimal impacts to the aquatic environment must be evaluated in accordance with individual permit procedures. Therefore, NWP 21 has been suspended in this region and coal mining activities impacting waters of the U.S. in this region will be evaluated in accordance with individual permit procedures.
NWP 21 verifications provided in writing by the Corps to mining companies before today’s suspension will continue to be valid until the NWP expires on March 18, 2012. Modification of NWP 21 will continue to be evaluated and a decision on this proposal will be made before NWP 21 expires.
Five pending NWP 21 requests are currently being processed in the Appalachian region affected by suspension of NWP 21. Corps districts will contact these applicants to discuss the process to submit individual permit applications for these activities. If applicants submit individual permit requests for these activities, the Corps districts will prioritize the evaluation of these applications. The Corps will work with the applicants and other interested parties to address and resolve substantive concerns and make final permit decisions as expeditiously as possible.
The Corps’ decision will be published in the June 18, 2010, edition of the Federal Register. A copy of the notice, FAQs and the decision document will be posted on the Corps’ Web site at http://www.usace.army.mil/CECW/Pages/nnpi.aspx.
Duke Energy has recently made comments hinting that they would like to see an end to mountaintop removal coal mining, but some are skeptical of their commitment.
Duke has asked its suppliers to quote the price for coal not mined with the controversial mountaintop removal technique, a first for the company. Senior vice president Paul Newton also said that the company sees mountaintop removal coal as “a non-sustainable coal.”
Some environmentalists, however, have their doubts.
“I have very strong suspicions that this is not about a sincere effort to protect mountaintops from coal mining,” said Appalachian Voices program director Matt Wasson, citing PR gains from an ostensible concern over mountaintop removal as a potential motive.
Either way, it might not be entirely Duke’s decision. Certain state regulations prohibit energy companies from producing anything other than the cheapest electricity. If non-mountaintop removal coal is significantly more expensive, state regulators could stop Duke even if they wanted to go through with the move.
Stay tuned for more news about Duke Energy’s plans, and visit the Charlotte Observer for more information on the story:
“Don’t Blast Our Homes!” That’s what Wise County residents told the Virginia Department of Mines, Minerals and Energy when more than 20 community members gathered outside the DMME’s office in Big Stone Gap to rally in opposition to A&G Coal’s proposed Ison Rock Ridge surface mine. “Ison Rock Ridge is families. Keep it standing!” said one picketer’s sign. Two individuals even delivered a “Certificate of Failure” to the DMME for failing to protect communities.
Residents of Inman, Derby, Arno, and Andover – communities that are directly adjacent to the pending 1,200+ acre mountain-top removal mine – took turns addressing the crowd to express their disapproval of the DMME’s apparent support for the project.” (more…)
Environmentalists and coal supporters met to debate the largest mountaintop removal mining permit to date—the Spruce No. 1 surface mine in Logan County, W.Va.—at a public hearing on May 18 in Charleston, W.Va.
EPA officials accepted comments from the public regarding the permit at what was a subdued and small gathering compared to the large, heated Army Corps of Engineer hearings held last fall.
In March, The EPA announced that it planned to significantly restrict or prohibit mountaintop removal mining at Spruce No. 1.
“Coal, and coal mining, is part of our nation’s energy future, and for that reason EPA has made repeated efforts to foster dialogue and find a responsible path forward. But we must prevent the significant and irreversible damage that comes from mining pollution — and the damage from this project would be irreversible,” said EPA Regional Administrator for the Mid-Atlantic, Shawn Garvin. “This recommendation is consistent with our broader Clean Water Act efforts in Central Appalachia. EPA has a duty under the law to protect water quality and safeguard the people who rely on these waters for drinking, fishing and swimming.”
If permitted, Arch Coal’s Spruce No. 1 mine operation would bury more than seven miles of headwater streams and impact 2,278 acres of forestland.
In a statement showing support for the EPA’s actions on mountaintop removal, Senator Robert Byrd from West Virginia said: “EPA Administrator Jackson reiterated to me that more wide-ranging guidance
is forthcoming in the near future, providing clarity relating to water quality issues and mining permits. I encouraged her to move forward as soon as possible so those seeking approval of permits can fully
understand the parameters for acceptable activity under the Clean Water Act.”
The EPA comment period on Spruce No. 1 was scheduled to end on June 4.
Senator Robert C. Byrd (D-WV) passed away early this morning at the age of 92. Senator Byrd is the longest serving member of the United States Congress in American history, and as the Senate’s “President Pro Tempore,” Senator Byrd was third in line to the Presidency. According to his website, he cast more than 18,680 roll call votes — more votes than any other Senator in American history — compiling an amazing 97 percent attendance record in his more than five decades of service in the Senate. He ran for office 15 times and never once lost a race. 
Driven by desire to see life improved for those in the coalfields where he was raised, Senator Byrd used his position as Chairman of the Appropriations Committee to bring billions of dollars back to his home state. During a life of high achievement and leadership, he considered this his 
In 1937, at the age of 19, Senator Byrd married his high-school sweetheart Erma Ora James. The two were married until her passing in March of 2006. They are survived by 2 children, 5 grandchildren, and 6 great-grandchildren. A consumate musician and entertainer (
At the urging of many of his constituents, Senator Byrd’s position regarding coal’s place in West Virginia 
His Senate staff remain some of the hardest working people on Capitol Hill, and have made enormous efforts to find out the facts about 
From a young age, Senator Byrd was an outstanding fiddler, gracing the stages of the Kennedy Center, the Grand Ol’ Opry, and Hee Haw, even releasing his own album called “
Senator Mikulski serves on the; Appropriations Committee where she is the chairwoman of the Commerce, Justice, Science, and Related Agencies subcommittee, Health, Education, Labor, and Pensions Committee where she is the chairwoman of the Retirement and Aging subcommittee, and the Select Committee on Intelligence.
Mounting evidence shows mountaintop removal is detrimental to the 
The US Army Corps of Engineers has decided to suspend the “streamlined” Nationwide Permit 21 in Appalachia.
