Washington, D.C. – U.S. Representative Nick J. Rahall, top Democrat on the House Transportation and Infrastructure Committee, today pressed the head of the Environmental Protection Agency’s Office of Water on the agency’s inconsistent and unfair surface coal mine permitting process at an oversight hearing on the Administration’s fiscal year 2012 budget request for the EPA.
“Those of us who live in southern West Virginia believe that we can have balance between energy development and environmental preservation, and we have been doing so for decades,” said Rahall. “But balance cannot be achieved without fairness and equity, and the policies of this EPA, at times, have been anything but fair and equitable when it comes to coal mining in Appalachia.”
The Subcommittee on Water Resources and Environment received testimony from two EPA officials, including Nancy Stoner, Acting Assistant Administrator of the Office of Water. Rahall reiterated his opposition to guidance issued by EPA in April 2010, concerning Clean Water Act permitting that singled out coal mining only in Appalachia.
“A government cannot have one set of rules for one industry in one region of the country, and a separate set of rules for everyone else, and claim to be fair and just,” said Rahall. “Though the agency labeled it ‘interim guidance,’ the regime it spelled out was made effective immediately, and now the EPA is scheduled to finalize the guidance on April 1 – less than a month from today.”
Rahall has argued that the EPA bypassed public comment and wrongly circumvented the rule-making process, using guidance to set wholly new timelines and criteria for mining permits that are not contained in law or regulation. That guidance is now the subject of lawsuits and was a key topic raised by Rahall in a meeting he held with the head of the White House regulatory office on February 8, 2011. Rahall called on the office to closely examine the actions of the EPA that could result in job losses in West Virginia, including guidance documents that were issued outside the regular rulemaking process and without the opportunity for public comment and participation before they took effect.
Rahall also cautioned the EPA witnesses that this Congress has demonstrated its willingness to rein in the EPA’s overreach through budget cuts.
“I do not know of anyone who opposes clean air and safe water, or who wants our children’s health put at risk due to a degraded environment,” said Rahall. “But the message I hope our witnesses take back with them today is that in striving to achieve worthy, valued goals, the EPA must work with the Congress and with the people who elected us, or it will, as the Framers intended, find its power checked.”
Below are Rahall’s opening remarks, as prepared for delivery:
Opening Statement of U.S. Representative Nick J. Rahall
Ranking Member, House Transportation and Infrastructure Committee
Hearing on Review of the FY 2012 Budget and Priorities of the
Environmental Protection Agency
March 2, 2011
Thank you Chairman Gibbs and Ranking Member Bishop. I appreciate the opportunity to participate today and I join you in welcoming Acting Assistant Administrator Nancy Stoner, and Assistant Administrator Mathy Stanislaus.
This hearing is timely. Given recent action by the House on the EPA budget during consideration of the FY 2011 Continuing Resolution, the agency faces the prospect of some challenging times ahead, to make an understatement.
I often feel the Majority’s backdoor way to defund the EPA is to require so many appearances of the Administration and staff on Capitol Hill that all of their funds will go to gas money to get here.
Those of us who live in southern West Virginia believe that we can have balance between energy development and environmental preservation, and we have been doing so for decades.
But balance cannot be achieved without fairness and equity, and the policies of this EPA, at times, have been anything but fair and equitable when it comes to coal mining in Appalachia.
When the EPA issued its “detailed guidance” concerning Clean Water Act permitting in April of 2010, it did so singling out coal mining, and coal mining only in Appalachia.
Though the agency labeled it “interim guidance,” the regime it spelled out was made effective immediately, and now the EPA is scheduled to finalize the guidance on April 1 – less than a month from today.
A government cannot have one set of rules for one industry in one region of the country, and a separate set of rules for everyone else, and claim to be fair and just.
What is more, the EPA is treating this so-called guidance as if it were binding policy.
It is limiting state-issued discharge permits based on noncompliance with this guidance; bypassing existing law and long-standing regulation; and substituting a wholly new, barely studied, entirely confusing criterion for determining water quality – along with new timelines for review and approval of petitions.
Further, the regime set forth in that guidance memo has thrown the permitting process throughout the region into utter turmoil, with rules being determined on a case-by-case basis.
The EPA erred in the way it pursued changes in its surface coal mine permitting process. Some change was warranted; certainly the status quo was not working.
I do not know of anyone who opposes clean air and safe water, or who wants our children’s health put at risk due to a degraded environment. And I worry that deep funding cuts will weaken our economy and stifle job-creation we sorely need.
But the message I hope our witnesses take back with them today is that in striving to achieve worthy, valued goals, the EPA must work with the Congress and with the people who elected us, or it will, as the Framers intended, find its power checked.
Mr. Chairman, I ask unanimous consent that I may submit questions for the record and I thank you and Ranking Member Bishop for your courtesy.
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