“We must be cautious to ensure we don’t regulate into extinction one of the most important energy sources for this country.”
Oklahoma U.S. Senator Jim Inhofe continued his criticism Wednesday of the Obama administration and its environmental efforts under what’s called “The Stream Protection Rule.”
He chaired a hearing of the U.S. Senate Environment and Public Works Committee and in opening comments said the rule as proposed last July by the Office of Surface Mining would “establish new onerous conditions that duplicate or supersede existing Clean Water Act authorities of States and the Corps of Engineers.”
The rule was created to establish the conditions a coal mining operation must meet to get a permit under the Surface Mining Control and Reclamation Act, also known as SMCRA.
“SMCRA includes provisions for protecting the environment. However, it also specifically says that it does not authorize duplicative federal environmental regulation,” said Inhofe. “Under SMCRA, in 24 authorized States, the State Agency, not the federal government, makes coal mining permitting decisions.”
He also said the Stream Protection Rule would override the authority of water quality standards created under the Clean Water Act.
“The so-called Stream Protection Rule would allow Office of Surfacing Mining to override the Corps’ authority by adding conditions to SMCRA permits over and above what the Corps requires in a section 404 permit and by creating even more confusion over the reach of federal authority under the Clean Water act–the issue that is being litigated as part of the Waters of the U.S. rule challenges.”
“The unauthorized provisions of this proposed rule will have a significant adverse effect on mining states,” charged the senator. “It will add so many layers of bureaucracy that mining permits will halt and even current permits could be reopened, causing severe economic impacts.”
He said the coal industry has already lost tens of thousands of jobs in the past few years.
“We must be cautious to ensure we don’t regulate into extinction one of the most important energy sources for this country.”
Among those who testified before the committee were: Joseph Pizarchik, director of the Office of Surface Mining Reclamation and Enforcement; Lanny Erdos, chief of the Division of Mineral Resources Management at the Ohio Department of Natural Resources; Clay Larkin, partner at Dinsmore and Stohl from Lexington, Kentucky; and Matt Wasson, director of programs at Appalachian Voices.
Oklahoma is one of the 24 authorized states mentioned by Sen. Inhofe. Others are: Alabama, Alaska, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, New Mexico, North Dakota, Ohio, Pennsylvania, Texas, Utah, Virginia, West Virginia and Wyoming. There is active coal mining in all of the states except Iowa.
