Kentucky governor objects to proposed rule that would make mountaintop-removal mining easier

UPDATE, Nov. 25: Gov. Phil Bredesen, D-Tenn., also objected to the rule, Anne Paine of The Tennesseean reported, quoting from his Nov. 14 letter to EPA: "Ironically, OSM is now shining a light on its practice of routinely granting variances in order to justify doing away with the variance process altogether. . . . The argument ignores the policy reason for having the buffer in the first place." (Read more)

In his first official move against the mountaintop-removal strip mining of coal, Kentucky Gov. Steve Beshear has objected to a proposed federal rule change that would make it easier for companies to engage in the controversial practice. "The modification has been a top priority of coal operators who want to see it implemented before the Bush administration ends," reports Roger Alford, correspondent for The Associated Press in the state capital of Frankfort.

Beshear announced today that he and three fellow Democrats, Attorney General Jack Conway of Louiwsville and U.S. Reps. Ben Chandler of Versailles and John Yarmuth of Louisville, had sent letters to the Environmental Protection Agency objecting to the Interior Department's proposal to all but repeal the regulation that prohibits mining activities within 100 feet of a stream. That would remove a legal obstacle to the valley fills made up of rock and dirt mined from the mountaintops. The rule requires EPA approval.

The department's Office of Surface Mining would allow dumping of rock and dirt from mines into perennial or intermittent streams. Fills can already cover ephemeral streams, which flow only after precipitation. OSM would still require mines to avoid streams "to the extent possible," but that provision has been criticized as too vague to effectively enforce. Beshear said likewise.

"Kentucky's vast water resources are key to our health and economic development, and I do not believe the newly proposed waivers can be effectively and uniformly applied to protect these water resources," Beshear wrote, adding that the rule would be "very difficult to apply consistently and fairly, and leaves open increased opportunities for abuse." He noted that Kentucky is the nation's third largest producer (behind Wyoming and West Virginia) of coal, "a crucial energy resource," but said, "I am strongly committed to environmentally responsible coal mining and cannot support rules that may be subject to arbitrary administration and enforcement." For the full letter, click here. For our initial report last month on the proposed rule change, with links to other information, click here.