Vice-President
West Virginia Coal Association
Concerning EPA’s Proposed Revocation of the Spruce Mine Permit
Thank you for the opportunity to speak tonight and thank you for attentiveness to this issue.
Briefly touch on some technical aspects of the Spruce Mine and your agency’s actions to revoke a three year-old permit.
First, I think it is beyond argument that any action by EPA to revoke the Spruce Mine permit fails the statutory test and parameters of authority that are granted to your agency under Section 404(c) of the federal Clean Water Act. EPA. Has in fact admitted as much when it confessed that over the 38 year course of its existence it has never sought to revoke an issued permit.
EPA’s action relative to the Spruce permit should have occurred when the Corps issued the permit… some three years ago. But EPA did not take such actions, and in fact complimented the Corps and the Company on the actions is has taken to bring the permit to fruition.
So, what has changed in three years since the Spruce permit was issued?