Energy and Environment MonitorBy letter dated July 7, 2009, EPA Region 3 advised WVDEP of its intention to increase scrutiny of the State’s coal NPDES program. By this letter, EPA:
1. Advised WVDEP that EPA had earlier waived its right to review NPDES permit applications for coal mines that discharge less than 500,000 gpd, but that EPA will no longer waive that right. It has asked WVDEP to supply it with: all coal NPDES permit applications; draft permits and “supporting documentation” for NPDES permits associated with surface coal mining permits.
2. Requested copies of NPDES permits or draft permits associated with the following mining operations:
Consol of Kentucky (S-5018-07 and S-5002-07)
3. Requested that WVDEP provide it with a monthly list of all NPDES permit applications received for surface mining operations “with valley fills” and list the number of fills and the proposed post-mining land use (EPA has indicated in recent objection letters that it believes AOC variance sites have more and larger fills than non-variance sites and that it will require the mine operator, as part of the 404 permit process, to list the proposed post-mining land use as one of the project’s purposes. By doing so, EPA believes mine operators would have to justify that the land use cannot be conducted without fills. Presumably, if this showing isn’t made, EPA will then object to the AOC variance in the context of the 404 permit as allowing unnecessary filling.)
4. Advised that these steps are necessary to ensure that permits contain the necessary conditions to achieve water quality standards, “including narrative and numeric criteria.”
5. Advised that it is conducting a “permit quality review” of mining permits in all of the Region 3 States with significant mining operations.
This article was authored by Robert G. McLusky, Jackson Kelly PLLC. For more information on the author see here.
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