WORC helped lead an effort urging members of Congress this week to refrain from weakening the proposed Stream Protection Rule pending before the Office of Surface Mining and Reclamation Enforcement. Coal-state members of Congress are trying to halt the long awaited and much needed rule to protect the waters of communities neighboring coal mines by attaching a rider canceling the rule to the must-pass budget bill. The letter was signed by 39 groups.
According to the letter, the stream protection rule will “hold the mining operator accountable by clarifying that underground mining activities are permitted only if they are located and designed to prevent any adverse impact that would preclude an existing, foreseeable, or designated use of any stream, lake, spring, or groundwater supply. That is not only a reasonable public policy aim under SMCRA (Surface Mining Control and Reclamation Act), but is required by the Clean Water Act, which protects such water uses and requires compliance with water quality standards.”
The letter also noted that the rule “should in fact be stronger.”
The letter-signers span coal regions in North and Central Appalachia, the Powder River Basin, Illinois Basin, and the Uinta Basin, as well as national conservation organizations. These organizations represent millions of members, including coalfield citizens, clean water advocates, and conservation interests.
OSMRE spent years in coming up with a rule that reflects the original intent of SMCRA, which is that coal mining should only be permitted if it does not materially damage off-site water. Coal mining has a long legacy of water degradation across mining regions, and the law passed in 1977 was intended to end those practices.
The long overdue stream protection rule was published for comment in July and comments closed in October.
The letter can be seen here.