EPA Seeks Public Comment on Guidance for Appalachian Surface Coal Mining Operations

Strategic Insights -

The Environmental Protection Agency (EPA) has released two guidance memoranda on April 1, 2010, aimed at improving the review of Appalachian surface coal mining operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order. The memoranda, labeled "Summary Guidance" and "Detailed Guidance," seek to clarify EPA's roles and expectations in coordinating with its Federal and state partners in the environmental review process. The agency is soliciting public comment on the issues addressed in the memoranda and the guidance's implementation through December 1, 2010.

Key Takeaways:

  • The EPA guidance memoranda, released on April 1, 2010, aim to clarify the agency's roles and expectations in reviewing Appalachian surface coal mining operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order.
  • The memoranda seek to ensure that EPA's decisions are based on the best available science, incorporating independently reviewed scientific information on the impacts of Appalachian surface coal mining on the aquatic environment.
  • The guidance incorporates two draft reports produced by EPA's Office of Research and Development, which assess the environmental impacts of mountaintop mines and valley fills on streams in the Central Appalachian Coalfields.
  • The agency is committed to evaluating comments on the guidance and will use the results of the SAB reviews of EPA's draft science reports to inform its decision on whether changes are required to the current guidance by April 1, 2011.
  • The public comment opportunity on the guidance will be available until December 1, 2010, and all public comments will be fully considered in reaching a decision on whether changes are required to the current guidance.
  • The EPA guidance memoranda do not represent a regulation and are not subject to the formal provisions of the Administrative Procedure Act.
  • The agency seeks comment on several key elements, including whether the guidance achieves its objective of providing further clarity and improved protection for the environment and human health, and whether additional scientific information is available to inform EPA's authorities under the Clean Water Act, National Environmental Policy Act, and Environmental Justice Executive Order.

Statistics:

  • Comments must be received on or before December 1, 2010.
  • The guidance memoranda are available at http://www.epa.gov/owow/wetlands/guidance/mining.html.
  • The public comment opportunity on the guidance will be available until December 1, 2010.
  • The record will remain open for comment on the guidance until December 1, 2010.
  • The EPA has committed to determining whether any changes are required to the interim guidance by April 1, 2011.
  • The agency will use the results of the SAB reviews of EPA's draft science reports to inform its decision on whether changes are required to the current guidance.

Sources:

  • EPA-HQ-OW-2010-0315
  • http://www.regulations.gov
  • EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
  • The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields (EPA-HQ-ORD-2009-0934)
  • A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams (EPA-HQ-ORD-2009-0934)
  • Federal Register notice published on April 1, 2010, also published at http://www.epa.gov/ncea.