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2011 Water Research Symposium Industry’s Challenge: Adapting to a Radically Different “Balance”

2011 Water Research Symposium Industry’s Challenge: Adapting to a Radically Different “Balance”. John Paul Jones November 15, 2011. Alpha Natural Resources. Alpha is almost nine years old Formed from Pittston, Coastal, and AMCI Acquired Foundation Coal in 2009

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2011 Water Research Symposium Industry’s Challenge: Adapting to a Radically Different “Balance”

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  1. 2011 Water Research Symposium Industry’s Challenge: Adapting to a Radically Different “Balance” John Paul Jones November 15, 2011

  2. Alpha Natural Resources • Alpha is almost nine years old • Formed from Pittston, Coastal, and AMCI • Acquired Foundation Coal in 2009 • Acquired Massey Energy in 2011 (11th acquisition) • Over 14,000 employees in America • Largest producer in WV and VA and 2nd largest in KY and PA • 5th largest coal producer in the world • Alpha is committed to Environmental Excellence and “Running Right” • Go to www.alphanr.com • Also see www.thetruthaboutsurfacemining.com222

  3. Coal Mining is heavily regulated Mining Permit in 1980s (6 mos. - $10,000) Mining Permit in 2005 (3 yrs. - $750,000) Mining Permit Now (A Black Hole)

  4. A Permitorium • February 13, 2009 – The U.S. Court of Appeals upheld four proposed CWA Section 404 permits for coal mining operations in the Ohio Valley Environmental Coalition v. Aracoma Coal Company. • June 11, 2009– The EPA, the Corps, and the Department of the Interior released a Memorandum of Understanding on Implementing the Interagency Action Plan on Appalachian Surface Coal Mining (the “MOU”). A key component of the MOU was to formalize the extra-regulatory review process of CWA Section 404 permits that EPA had previously commenced in January 2009. EPA would use a process called MIRA to determine which permits would receive this enhanced review. • In conjunction with the release of the MOU, EPA also issued formal details on the Enhanced Coordination Procedures (ECP); which were immediately effective and imposed substantive changes and extra time to the Section 404 permitting process.

  5. ECP Permit Status • 79 permits were placed on the final ECP list (all failed the MIRA) • 49 of the permits have been withdrawn – some to be resubmitted • 22 are still pending • 8 permits have been approved • 3 in OH, 3 in WV, 1 in KY and 1 in TN • Similar process applied to all 404 permits – more than 230 stalled • NMA and others file suit in July 2010 • ECP and MIRA ruled illegal in October 2011 • http://water.epa.gov/lawsregs/guidance/wetlands/mining-projects.cfm

  6. Clean Water Act 404 individual permits issued in Huntington District, 2006 – 2011 The Permitorium continues: 22 11 3 2 2 2 2006 2007 2008 2009 2010 2011 SOURCE: WVCA

  7. Technology Based Numeric Effluent Limits: Historical NPDES Permit Parameters: • pH (7-9) • Flow • Iron (3mg/l and 6 mg/L) (( • Manganese (2mg/L and 4 mg/L) • Total Suspended Solids (35 mg/L and 70 mg/L) • pH (6-9) • Flow • Iron (3 and 6) • Manganese (2 and 4) • Total Suspended Solids (35 and 70) • Settleable Solids (rainfall)

  8. Recent Water Quality Issues: • TDS/Conductivity • Selenium • Narrative Water Quality Standards • WET Testing

  9. Recent Water Quality Issues: • TDS/Conductivity • Conductivity is a measure of a water’s ability to conduct electricity, and therefore a measure of the water’s ionic activity and content. 

  10. Recent Water Quality Issues: • Selenium • Selenium is a trace element that is essential in small amounts, but like most essential elements, it is thought to be toxic at high levels.

  11. Recent Water Quality Issues: • Narrative Water Quality Standards • Narrative criteria include general protective statements known as the "free froms". … all state waters shall be free from substances attributable to sewage, industrial waste, or other waste in concentrations, amounts, or combinations which contravene established standards or interfere directly or indirectly with designated uses of such water or which are inimical or harmful to human, animal, plant, or aquatic life.

  12. Recent Water Quality Issues: • WET Testing • Whole Effluent Toxicity (WET) refers to the aggregate toxic effect to aquatic organisms from all pollutants contained in a facility's wastewater (effluent). WET tests measure wastewater's effects on specific test organisms' ability to survive, grow and reproduce.

  13. Highway Fills – Interstate 68 • Hancock, MD to Morgantown,WV 112 miles of roadway approximately 32 miles of impacted stream segments pHConductivity (S.U.) (umhos @ 25C) Fill A 3.88 4,510 Fill B (before treatment) 4.50 4,720 • (after treatment) 6.30 2,460 • Fill C (before treatment)4.69 2,480 • (after treatment)7.54 2,720 • Fill D 7.20 141 source: www.TruthAboutSurfaceMining.com

  14. Urban Development vs. Surface Coal Mining • Stream Impact Comparison miles of impacted feet totalimpacted of stream per acres streams acre of land Pigeon Forge, TN 7,341 89 64 Seven Pines Mine 1,744 9 27 Wainville, WV White Flame Mine 1,046 6 32 Delbarton, WV source: www.TruthAboutSurfaceMining.com

  15. Additional Issues: • OSM’s Stream Protection Rule (SPR) • Jurisdictional Waters Guidance • USACE’s Proposed Mitigation Guidance • Restrictions on Nationwide Permits • EPA Rule by Consent Decree • EPA Permit Vetos • EPA’s “Train Wreck”

  16. Thank you. Any questions?

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