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EPA seeking input on Kentucky mining permits

THE US Environmental Protection Agency is opening up the floor for comments on mining discharge p...

Donna Schmidt
EPA seeking input on Kentucky mining permits

The EPA has set three public hearings across the state following requests from state environmental regulators, with which it has had a long and public clash over water quality regulation enforcements.

Under discussion will be each of the mine’s draft individual national pollutant discharge elimination system permits for coal mining discharges.

All 36 were tagged with a “special objection” filing by the EPA because of concerns the permits would not protect the quality of the water, the environment or human health as required under the Clean Water Act.

The hearings will begin on June 5, when the agency will hold a gathering at the Frankfort convention center from noon to 4pm local time.

Two will then be held on June 7 at the Eastern Kentucky expo center, the first from 12-4pm and the second from 7-11pm.

All 36 mines going under the microscope received permits from state authorities in 2010 and 2011.

The agency said it had been working with the Kentucky Department of Environmental Protection’s Division of Water to collect and evaluate data regarding toxic metals as well as cyanide, phenols and the area’s biological health.

The KDOW has authorized about 2500 existing and new coal mining and processing facility permits since 2009, primarily under a coal general permit.

State officials require individual NPDES permits for mining or processing with discharges into waters already polluted and which are not meeting water quality standards, as well as new or expanding mines within five miles upstream of a drinking water intake.

KDOW has issued 115 such individual permits in that same time period.

“Our intent is not to stop coal mining but to ensure it proceeds in an environmentally acceptable way,” EPA region 4 administrator Gwen Keyes Fleming said.

“We are holding these hearings on our permit objections to hear from those directly impacted and are hopeful that, following the hearings, the remaining 36 permits will be developed by KDOW with appropriate site-specific controls that will allow these projects to move forward while protecting human health and water quality as required by the CWA.”

With the industry currently at odds with the EPA, political deliberation could likely ensue.

“It gives the citizens of the coalfields a chance to speak directly to the agency that’s been making decisions about mining without talking to them,” Kentucky Coal Association president Bill Bissett told the AP.

The KCA previously sued the EPA along with the state over the matter.

The EPA said it would review all comments and data and make decisions on each permit.

The state will have 30 days to submit a revision addressing any areas of objection.

For permits on which the EPA withdraws its objection, the KDOW may proceed with the permit issuance process.

A list of the permits up for discussion can be found at www.epa.gov/region4/kycoalminehearings/resources.html#permits.

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