PA Coal Alliance, Others Comment On Proposed OSM Stream Protection Rule

At a federal hearing on a proposed Stream Protection Rule in Pittsburgh on Thursday, the U.S. Office of Surface Mining Reclamation and Enforcement heard testimony from the PA Coal Alliance, coal operators, environmental engineers and businesses who testified against a new OSM Stream Protection Rule.

Also providing testimony at the hearing were the Sierra Club, Center for Coalfield Justice, the Mountain Watershed Association, the Citizen Coal Council and the Youghiogheny Riverkeeper who all expressed their general support for the rule.

The proposed rule, published on July 27, 2015, is an overhaul of the Surface Mining Control and Reclamation Act (SMCRA).  

Because of the enormity of this rule and its many implications for Pennsylvania, which already has its own successful program, the Department of Environmental Protection as well as members of the Pennsylvania congressional delegation requested a 120-day extension to review and comment on the rule.

OSM responded with a 30-day additional allowance.

"Through these blanket, national regulations, it has been made clear OSMRE doesn't consider, or plan to consider the exacerbated costs associated with the immense number of overreaching compliance requirements," said PCA CEO John Pippy. "This will force coal to become unprofitable and impossible to extract, ultimately stranding 200 years' worth of this domestic energy resource, billions for the state economy and thousands of Pennsylvania jobs."

Each state has unique characteristics and geological factors. Currently, those who are closest to and best able to comprehend the landscape of our Commonwealth, make these day-to-day decisions that impact Pennsylvania's waters and indigenous species.

The Federal standards under SMCRA serve as a floor for Pennsylvania's robust program, with Pennsylvania's Clean Streams Law holding operators to a more stringent and state-specific standard.

"Since the 1980's the water quality of Pennsylvania's rivers and streams has improved, demonstrating that the current regulations are working as intended," said Ron Musser, a Geologist at Musser Engineering. "The impacts of these relentless, additional regulations on the coal industry are real. Production is down and they are tightening their belts. We have already had to reduce our own operation by five people. What is the OSM pretending to try and fix and at what cost?"

The PA Coal Alliance said DEP's Office of Active and Abandoned Mine Operations would also be adversely impacted by the significant financial and personnel requirements needed for compliance with the complex technical applications of the Rule, enforcement and increased data collection requirements.

The Pittsburgh Post-Gazette reported Friday DEP is still reviewing the impact of the proposed rule on Pennsylvania mining regulations and will evaluate its impact on staffing once the rule is finalized.

NewsClip:

Both Sides Sound Off On Proposed OSM Stream Protection Rule

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