10:06am: Talkline with Hoppy Kercheval

Capito questions OSM director on stream rule impact

WASHINGTON, D.C. — U.S. Senator Shelley Moore Capito (R-WV) and the Senate Environment and Public Works (EPW) Committee held an oversight hearing Wednesday morning to examine the implications and environmental impacts of the Office of Surface Mining’s proposed Stream Protection Rule as it relates to the Endangered Species Act and Clean Water Act.

Senator Capito expressed her concern during the hearing that the rule would hurt communities that rely on underground mining. West Virgina, Texas, New Mexico, Indiana, Kentucky, Montana, Utah and Alabama all pulled out of a collaborative agreement with the Office of Surface Mining previously. That agreement was intended to help these states work together with the OSM on the Stream Rule.

“That’s an important point to clarify because there is a misperception (sic) out there that this rule would prohibit all underground mining,” Officer of Reclamation and Surface Mining Director Joseph Pizarchik said while testifying to the committee. “That is not the case.”

Pizarchik said the new rules will only impact a small portion of underground mines in an effort to protect a mass of above-ground streams.

“What we are proposing is to give teeth and effect to that part of the law so that underground mining that would destroy those streams on the surface would not allow those streams to be destroyed,” he said.

The director cited outside opinions in his defense of the rule and the belief that it would impact relatively few underground mines.

“From the analysis that our outside experts looked at, most of the underground mining will be able to continue to go forward on that,” he said. “There are just some areas where you can’t undermine because you’re going to destroy the water resources of streams on the surface.”

“Collectively the impacts on the industry are going to be considered small,” he said. “I think it’s less than 0.2 percent of the production, and I think it’s a fraction of the total annual revenues of the industry.”

In January, the House of Representatives voted to block a stream-protection rule. That bill was vetoed by President Obama.





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