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Daniel Rosenberg
Natural Resources Defense Council

NRDC Denounces EPA Decision to Allow Industry to Dump in Waterways

"The mining industry and scores of other industrial polluters received
a gift today from the Bush administration at the expense of our
nation's waterways. The administration reversed a 25-year-old Clean
Water Act rule that flatly prohibited disposal of mining and other
industrial solid wastes into the nation's waters. To avoid a citizen
lawsuit aimed at protecting Appalachian residents and the environment,
the administration has declared that all waters across the country are
now open to industry for waste disposal. This single act, described by
the Environmental Protection Agency with Orwellian perfection as a
'clarification' that will 'enhance environmental protection of our
wetlands and streams,' is the most significant weakening of Clean
Water Act rules since the act was passed in 1972."

The Natural Resources Defense Council is a national, non-profit
organization of scientists, lawyers, and environmental specialists
dedicated to protecting public health and the environment. Founded in
1970, NRDC has more then 500,000 members nationwide, served from
offices in New York, Washington, Los Angeles, and San Francisco. More
information is available through NRDC's Web site at www.nrdc.org.


Text Of EPA Announcement :

CORPS AND EPA CLARIFY CLEAN WATER ACT DEFINITION;
NEW ENVIRONMENTAL IMPROVEMENTS ALSO TO BE MADE 
IN APPALACHIAN MINING RULES

The U.S. Environmental Protection Agency and the U.S. Army Corps of
Engineers today announced that they are taking action to better
coordinate federal programs affecting protection of wetlands and
streams. Completing a regulation proposed by the Clinton
Administration in 2000, the Army Corps of Engineers is adopting EPA's
approach to the Clean Water Act's definition of "fill material," which
has been in place since 1977. The regulation will not only remove
ambiguity from Clean Water Act's regulations, but also enhance 
environmental protection of our wetlands and streams by prohibiting
the dumping of trash or garbage in them.

In addition, the agencies will apply new conditions to permits issued
to regulate the placement of dirt and rock from mountaintop mining in
streams. The Department of Interior is also developing regulations
intended to improve environmental protection by reducing the volume of
mining discharges in streams. EPA and the Corps, working with the
Department of Interior's Office of Surface Mining and Fish and
Wildlife Service and the State of West Virginia, are preparing an
Environmental Impact Statement evaluating the impacts of mountaintop
removal mining in Appalachia and developing recommendations for
further improvements in the agencies programs regulating this
practice.

"We are committed to working with the affected States to reduce
mining-related environmental impacts, while providing the nation with
the advantages of cleaner burning coal," EPA Administrator Christie
Whitman said.

"Mountaintop mining is a long-established practice in Appalachia, and
this Administration is committed to working with the affected states
to strengthen the environmental safeguards governing this practice. We
are working to establish a regulatory environment that is clear,
predictable, fair and fosters good environmental stewardship, " said
Undersecretary of the Army Les Brownlee.

The Corps and EPA will publish in the Federal Register a rule to
harmonize differences between existing EPA and Army Corps of Engineers
regulations by adopting EPA's effects-based approach to the definition
of the term "fill material." The final rule is substantially identical
to the rule proposed in 2000, but includes additional environmental
protections. For example, under the new rules, garbage or trash will
not be permitted in the nation's waters.

As a result of improvements already implemented in West Virginia by
the agencies and the State in 1998, there have been 30 percent fewer
valley fills and a reduction in the overall stream impact of almost 25
percent from these fills. These improvements are now being applied
elsewhere in Appalachia and we anticipate similar reductions in mining
related impacts. The Administration is also undertaking several
related actions to further bolster protection of Appalachian
watersheds impacted by mining. 

The Corps is taking steps now to put tougher new restrictions on
mining activities that can be permitted by establishing limits on the
size of valley fills that can be built in Appalachian streams. The
Corps is also requiring more effective mitigation to compensate for
environmental impacts.

The Office of Surface Mining will be proposing changes to its
regulations intended to ensure that mining discharges in streams are
reduced in both size and number. OSM's changes will also require that
better information is provided by permit applicants regarding their
projects so that adverse environmental impacts can be more effectively
addressed.

EPA, the Corps, Office of Surface Mining, the U.S. Fish and Wildlife
Service and the State of West Virginia are currently preparing a joint
Environmental Impact Statement that evaluates the environmental
impacts of mountaintop coal mining and provides recommendations for
improving Federal regulatory programs responsible for the review of
proposed mining operations. The draft Statement will be released later
this summer for public review and comment.

The Office of Surface Mining is responsible for developing the rules
that govern mountaintop removal coal mining under the Surface Mining
Control and Reclamation Act. Most Appalachian states administer these
rules through programs delegated to them by OSM.

EPA is responsible for the development and approval of the standards,
criteria, and effluent guidelines that govern impacts to the Nation's
waters under the Clean Water Act. EPA approves state water quality
standards in accordance with the Act, which are achieved primarily
through programs administered by the states. EPA also fosters the
development of state wetlands programs, as well as provides
environmental standards and oversight for the administration of the
wetlands permit program under section 404 of the Act.

The Corps regulates the discharge of rock and dirt into wetlands and
streams from mining operations under the section 404 permit program of
the Clean Water Act. Discharges under the permit program may only be
authorized in compliance with environmental standards that include
mitigation for unavoidable impacts to the aquatic environment.

 � : t r u t h o u t 2002



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