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• December 3, 2009: Senate Energy and Natural Resources Committee Hearing “To receive testimony on H.R. 3276, the American Medical Isotopes Production Act of 2009”
• July 23, 2009: House Natural Resources Committee Subcommittee on Energy and Mineral Resources Hearing on “Federal Geospatial Data Management and H.R. 2489”
• July 14, 2009: Senate Energy and Natural Resources Committee Hearing on “S. 796, Hardrock Mining and Reclamation Act of 2009 and S. 140, Abandoned Mine Reclamation Act of 2009”
• June 25, 2009: Senate Environment and Public Works Committee Subcommittee on Water and Wildlife Hearing on “The Impacts of Mountaintop Removal Coal Mining on Water Quality in Appalachia”

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Witnesses:
Dr. Parrish Staples
Director, European and African Threat Reduction, National Nuclear Security Administration, U.S. Department of Energy
Dr. Kevin Crowley
Director, Nuclear and Radiation Studies Board, National Research Council
Mr. Roy Brown
Federal Affairs Senior Director, Council on Radionuclides and Radiopharmaceuticals

Members Present:
Jeff Bingaman, Chairman (D-NM)
Lisa Murkowski, Ranking Member (R-AK)
Richard Burr (R-NC)

The Senate Energy and Natural Resources Committee held a hearing to discuss the American Medical Isotopes Production Act of 2009 (H.R. 3276), which passed the House on November 5, 2009. The goal of the bill is to promote domestic production of molybdenum-99 (Mo-99)—the parent isotope of technetium-99m (Tc-99m) used in medical diagnostic tests for various cancers and other procedures—and to condition and phase out the export of highly enriched uranium (HEU) associated with the production of medical isotopes.

Chairman Jeff Bingaman (D-NM) was excited by the possibilities outlined in the January 2009 National Research Council report on Medical Isotope Production Without Highly Enriched Uranium, and wanted “to work on the needs of industry to make this transition [away from HEU] because ultimately it is the industry that will produce the isotopes we need.” Ranking Member Lisa Murkowski (R-AK) was worried about the effect of shortages of Mo-99 on medical diagnostic procedures as aging reactors are being decommissioned or more frequently shut down for repairs. She pointed out that “we rely entirely upon foreign sources for these isotopes” and urged that medical isotopes be included in the committee’s discussions on energy independence and energy self-sufficiency. Even though the bill does not “provide a near-term solution to the shortage that we are experiencing today or the even greater shortage that we could experience next year,” Senator Murkowski thought it was “more important that we get the policy right rather than try to rush something into law.”

Dr. Parrish Staples of the National Nuclear Security Administration (NNSA) claimed that the Mo-99 supply “interruptions put patients’ lives at risk.” He urged a focus on domestic supply, which is now “technically and economically feasible” without HEU. NNSA will be requesting funds to accelerate efforts by potential commercial producers of Mo-99 in order to diversify the supply and move away from a single technology.

Dr. Kevin Crowley, chair of the National Research Council (NRC) committee, summarized their recommendations. The congressionally mandated report found the cost to convert from HEU to low-enriched uranium (LEU) production would result in “trivial increases in prices for typical medical isotope procedures,” especially when taking the reliability of supply into consideration. “Mo-99 supply disruptions are impacting the continuity of patient care in the United States and elsewhere,” explained Crowley, “supply reliability will continue to be a serious problem until new supply capacity is brought online.” Crowley thinks the bill provides sufficient incentives to increase domestic supplies, the temporary congressional funding the report recommended, and ample ways to sidestep the waste classification “roadblocks” the report warned against.

Mr. Roy Brown of the Council on Radionuclides and Radiopharmaceuticals (CORAR) also felt H.R. 3276 is an “important step towards reliable supply for our patients.” He touted the benefits of medical isotopes to reducing healthcare cost by streamlining diagnostic tests, catching cancer sooner, and increasing quality of life. The three hindrances are the reactor licensing, regulatory constraints, and radioactive waste disposal costs. It is unclear how the medical isotope reactors will be classified and therefore licensed, as they do not easily fit in the current research or power reactor categories. Also, the Department of Energy (DOE) requirements might lead to redundant regulatory constraints already covered by the Nuclear Regulatory Commission, Food and Drug Administration, and others. Brown suggested that the DOE process is fully vetted and transparent, and that radioactive waste disposal charges are commercially reasonable.

Senator Murkowski asked Dr. Staples how demand will be met next year. Staples replied that it will be all about optimizing use. He showed a graph of the anticipated supply schedule for next year which was consistently well below the demand line. The U.S. will not be able to meet the demand if the Canadian reactor that recently shut down does not come back online. He explained that the shown operating schedule provides a steadily lowered supply the whole year, as preferred by medical professionals, instead of only meeting demand at the beginning of the year.

Senator Richard Burr (R-NC) commented on how vulnerable Staples’ chart makes us look. Burr then asked if the transition from HEU to LEU, and increase in domestic production necessary are achievable with H.R. 3276. Crowley replied to the affirmative, and that the bill corresponds with the NRC recommendations.

Senator Murkowski asked about the time estimates for building a new reactor in the U.S., and when was the last time the U.S. built a research reactor. Crowley said most research reactors were built in the 1960s, but was not sure which one was most recent. He also clarified that the NRC projected 9 to 13 year timeline for reactor completion is probably a conservative estimate, as the Netherlands is just finalizing a new reactor design and plans to have it up and running by 2016.

Murkowski then asked whether globally there are any privately financed medical isotope reactors. Staples answered that to his knowledge all facilities are subsidized in part by the sponsoring government. Chairman Bingaman asked what type of reactors are used for LEU production, and if accelerators could be used instead. Crowley responded that some DOE facilities, like Oakridge National Laboratory, and some universities have usable reactors. He did not recommend accelerators as they have insufficient flux capacity, so would require new accelerators to be built. Instead reactors have the necessary capacity and can be used for more than just medical isotope production.

Senator Murkowski then said to Staples, “Now I also I understand though that domestic supply does not necessarily mean domestic supplier…How can we ensure that we have a domestic supply that is not from a domestic supplier?” Staples replied that a reliable and global supply, diverse technology, and improvements to aging infrastructure would be necessary. “The reliability issue of course is key,” Murkowski responded, but continued with an analogy to oil supply. “Today we may be getting oil from Venezuela and they may be our friends and providing to us, and tomorrow they may wake up on the other side of the bed and decide they don’t want to do that.” Staples explained that the NNSA is planning on developing “4 independent technologies [to produce Mo-99], each capable of supplying up to 50 percent of the U.S. demand.” So, in theory, the tables could turn and the U.S. could become the global supplier of Mo-99 in the future.

A link to the witnesses’ testimony and a video archive of the hearing can be found here.

-CCD

Witnesses
Panel I
Ms. Karen C. Siderelis
Geospatial Information Officer, U.S. Department of the Interior
Mr. Michael Byrne
Geospatial Information Officer, State of California
Mr. John Palatiello
Executive Director, Management Association for Private Photogrammetric Surveyors
Ms. Susan Marlow
Chief Executive Officer, Smart Data Strategies, Inc.

Panel II
Dr.  Suzette M. Kimball
Acting Director, U.S. Geological Survey
Dr. Rebecca L. Dodge
Associate Professor, Department of Geosciences, Midwestern State University
Ms. Mary O'Neill
Manager, Office of Remote Sensing, South Dakota View Principal Investigator, South Dakota State University
Dr. Sam Batzli
WisconsinView Director, Geospatial Information Scientist, The Space Science & Engineering Center, University of Wisconsin-Madison

Committee Members Present
Jim Costa, Chairman (D-CA)
Doug Lamborn, Ranking Member (R-CO)
Gregorio Sablan (I-MP)
Marsha Blackburn (R-TN)
Niki Tsongas (D-MA)
John P. Sarbanes (D-MD)
Rush D. Holt (D-NJ)
Cynthia M. Lummis (R-WY)
Stephanie Herseth Sandlin (D-SD)

On July 23, 2009, the House Natural Resources Committee’s Subcommittee on Energy and Mineral Resources held a hearing on “Federal Geospatial Data Management and H.R. 2489.” Chairman Jim Costa (D-CA) opened the hearing showing a Pennsylvania State University video showcasing the importance of geospatial data to our everyday lives. Costa remarked that “five years can feel like a lifetime” with respect to advances in geospatial data technology as used in every day tools such as iPhone and Google. He said that the federal government collects voluminous amounts of data, 80 percent of which is geospatial, but “it doesn’t mean we know what we’re doing.” According to the U.S. Geological Survey (USGS), 50 percent of the money spent on geospatial data management is redundant. Ranking Member Doug Lamborn (R-CO) stated that the federal agencies follow the method of “map many times, hoard the data.” He also expressed unhappiness with the Office of Management and Budget (OMB) which was invited to the hearing, but chose not to attend. He said, “OMB’s unwillingness to attend will leave us with many questions.”

Ms. Karen Siderelis of the Department of the Interior (DOI) testified to the importance of geospatial data to monitor, prepare for, and respond to national issues, including climate change, energy, national security, and the economy. She spoke about DOI providing partial funding for more than 600 state and local geospatial data projects and seed money to help states develop data initiatives. She also testified about their work on Imagery for the Nation, which is program paid for by federal funding to support the nationwide production of standardized multi-resolution products every three years. The imagery remains in the public domain for everyone to use and local entities could pay to enhance products that are specific to their needs. Siderelis testified that DOI’s three main goals in the short term are engaging the nation “in a dialog about its geospatial future,” making Imagery for the Nation “a sustainable and flexible digital imagery program that meets the needs of local, state, regional, tribal and federal agencies,” and bolstering the current geospatial governance structure.

Mr. Michael Byrne, a geospatial data officer for the State of California, called geospatial data “one of the most important technologies of our time” saying that it answers “complex questions of why and where” and will lead to better decisions at all levels of government. He spoke about geospatial management in California being a cabinet level position that serves all state agencies and recommended that a similar structure be initiated at the federal level. Byrne said geospatial data management needs to be coordinated at all levels. There should be a coordinating position above DOI, and it must be a mandated program in the government. He also recommended full funding of Imagery for the Nation.

Mr. John Palatiello of the Management Association for Private Photogrammetric Surveyors testified that we have not made enough progress since establishing the National Spatial Data Infrastructure (NSDI) during the Clinton Administration.  The NSDI has been defined as the technologies, policies, and people necessary to promote sharing of geospatial data within all levels of government and in the private sector and academia. Palatiello said the U.S. still does not have a national geospatial strategy and we are not tying geospatial data management to national priorities. He argued that we would have seen the mortgage crisis that began in 2008 sooner if the land information system had been in place. Palatiello added that there is a lack of coordination and too much duplication within federal agencies saying, “The buck stops nowhere.”

Ms. Susan Marlow of Smart Data Strategies, Inc. also testified to the lack of interagency cooperation in geospatial data management. She said that the U.S. needs a federal property database and urged passage of H.R. 1520, the Federal Land Asset Inventory Reform Act of 2009, which would develop a multipurpose comprehensive survey of federal real property and identify inaccurate, duplicate, and out-of-date federal land inventories.

Lamborn asked the panelists, “What should Congress do to improve geospatial data management?” Palatiello suggested elevating the role of coordination from DOI to the Executive Office of the President and proposed legislation to deal with such a reorganization if necessary. Siderelis responded that they should encourage innovation, ensure collaboration with non-federal partners, and look at the NSDI as a national structure. Lamborn also asked about how they can prevent duplication and improve efficiency in the federal government’s efforts. Byrne called for coordination within all departments of the government and transparency in information technology investments. Lamborn asked Palatiello if the stimulus funds would be wasted because of duplication. Palatiello replied the government was going to waste “tens of millions” on broadband mapping even though the data is already available from the national census but cannot be used right now due to privacy laws. and in buying new equipment for the federal government which will cause job losses in the private sector since less work will be contracted out from the government. Costa asked if citizens’ privacy could be protected if the census data was released. Byrne responded that privacy could be maintained because the locations of homes would not be linked to the residents.

Niki Tsongas (D-MA) asked the panelists why the federal government lags so far behind the private sector in geospatial data management and if the federal government should try to catch up. Byrne responded that a company like Google uses federal government data and is a “presentation company” so they can be “elegant” in presenting the data to the public. He added that Google does not provide geospatial data information for policymakers. Byrne also said that a successful NSDI would have nationally recognized data, collection, information technology, human workforce, and standards components. Palatiello added that there has to be a partnership between the federal government and the private sector because “there is a role for both.” Costa asked what a successful NSDI would look like and Palatiello responded that “it would not be a static thing” because the data is changing all the time. Byrne said that the NSDI would make it possible for data to be looked at before policy decisions are made, and Siderelis added there would need to be “transparency” and it would be an assumed commodity.

John Sarbanes (D-MD) called himself a “map fiend” and asked the witnesses how optimistic they were that there would be a new level added to the geospatial mapping we currently have. Palatiello said that he was “not optimistic, but hopeful,” and Marlow said that she was “guardedly optimistic.” Sarbanes also asked if there were federal agencies that have been leaders in coordination and if they advocated partnerships with the private sector. Palatiello said that the mission of the federal agency is its first priority, not coordination with other agencies, and that partnerships with the private sector “need to start at local levels.”

Rush Holt (D-NJ) asked the witnesses for examples where geospatial data collected at the state or local levels “flowed” to the federal government. Byrne said that California has successfully provided data to the Department of Homeland Security. Siderelis said that two-thirds of the data in the national wetland layer used by the DOI Fish and Wildlife Service comes from the states because of a data sharing standard.

The second part of the hearing focused on H.R. 2489, the AmericaView Geospatial Imagery Mapping Program Act, sponsored by Representative Stephanie Herseth Sandlin (D-SD). AmericaView is nationwide program administered through USGS and the AmericaView Consortium focused on satellite remote sensing data and technology that support research, education, workforce development, and technology transfer. Herseth Sandlin said this legislation would facilitate the ability of the federal government to use geospatial data, authorize AmericaView for five years, and ensure resources were readily available to educators, researchers, and stakeholders. Lamborn said that AmericaView was originally established by the Appropriations Committee in 2000 and this bill is a “long overdue authorization” of this program.

Dr.  Suzette Kimball, acting director of the USGS, said that “DOI supports the goals” of this legislation but she does not believe further legislation is necessary to meet the goals of AmericaView. She called AmericaView a “highly successful partnership” which is now in 35 states through USGS and other agencies.

Dr. Rebecca Dodge of Midwestern State University said that H.R. 2489 will ensure the impact of AmericaView improves in each state and will promote the sharing of techniques by and within states. She also said that the cooperation between states in AmericaView “has benefited the American public.”

Ms. Mary O’Neill of South Dakota State University testified that H.R. 2489 will “enhance the quantity and quality” of the AmericaView program. She said that AmericaView is necessary because the program will look different by state so there needs to be coordination at the national level. She added this program can be used as “a conduit of remote sensing technology transfer.”

Dr. Sam Batzli, WisconsinView Director at the University of Wisconsin-Madison, testified that AmericaView “bridges a gap” and makes up for infrastructure missing at the local level. He said that it works because those people involved are colleagues not competitors, it fulfills a need for creating a network of geospatial data, and provides flexibility for states within the program.

Costa asked how the responsibilities for USGS under H.R. 2489 will compare with their current responsibilities for mapping, and if there will be redundancy that will occur with this legislation. Kimball responded that USGS currently has an effective working relationship with states and an effective governing structure in place and that she anticipates this “mechanism would continue to work effectively.” She said the legislation would extend the activities of USGS and also complement current activities. Kimball added that USGS would like to see clarification in the legislation regarding its role and responsibilities under H.R. 2489.

Lamborn asked what level of appropriations the witnesses would like to see for AmericaView. Dodge responded that her assessment showed that at $5 million each state View program could participate in two or three activities called for in the legislation, at $25 million each state could do four to six activities, and at $50 million “each could do all with a high level of effort.”

Testimony from the chair, ranking member, and panelists can be found here, as well as a video archive of the entire hearing.

-SMP

Witnesses
Panel I
The Honorable Ken Salazar
Secretary, Department of the Interior

Panel II
Mr. Jim Butler
Parsons Behle & Latimer
Mr. John Leshy
University of California, Hastings College of the Law
Ms. Robin Nazzaro
Government Accountability Office
Ms. Cathy Carlson
EARTHWORKS
Mr. Phillips Baker, Jr.
Representing National Mining Association

Committee Members Present
Mark Udall (D-CO)
Ron Wyden (D-OR)
Maria Cantwell (D-WA)
Lisa Murkowski, Ranking Member (R-AK)
Jeanne Shaheen (D-NH)
John Barrasso (R-WY)
Jim Risch (R-ID)
Jeff Bingaman, Chair (D-NM)*

*Chair not present, but published an opening statement for the hearing  

On July 14, 2009, the Senate Committee on Energy and Natural Resources held a hearing on “S. 796, Hardrock Mining and Reclamation Act of 2009 and S. 140, Abandoned Mine Reclamation Act of 2009.” Chairman Jeff Bingaman (D-NM) could not be at the hearing due to the ongoing Senate work on health care reform, but Senator Mark Udall (D-CO) read his statement for him which said this is “long-awaited reform” of the 1872 mining law and “my goal is to reform and modernize the law.”

Interior Secretary Ken Salazar believes the 1872 mining law is “a law that must be changed.” He called mining “an important part of the economy” and said mining reform should focus on four goals: supporting mining on public lands, protecting the environment, addressing abandoned mines, and setting up a legal framework within which to accomplish these objectives. Salazar asserted that through mining reform they would be able to create more jobs in mining and tourism. He also stated that mining has “scarred the environment” and we have an “abandoned mine legacy that needs to be dealt with.” Salazar called for “reasonable royalties” to be enacted on mining operations on public lands that would guarantee “a fair return to the taxpayer.” The secretary highlighted the need for more environmental protection citing 40 percent of headwaters in the West near mining operations are contaminated from mining waste and often “environmental liabilities are left to the taxpayer.” He concluded his testimony saying of mining reform, “We need to get it done within this congress.”

Senator Ron Wyden (D-OR) touched upon the main theme of questioning at the hearing by asking Salazar, “What would your royalty reform consist of?” Secretary Salazar said the royalty level needs to be such that it does not drive out business but is fair to the taxpayer. He called for more transparency and accountability. He said, “We should aim for simplicity.”

Ranking Member Lisa Murkowski (R-AK) stated that it is “well past time that we enact reform,” but we need to make sure “we do not create new” problems through mining reform. She indicated her concern about security in importing foreign materials and the reduction in mining investment in the U.S. that would result from the lengthy rulemaking process after mining reform is enacted. Salazar responded that what is “most jeopardizing [to businesses] is uncertainty in 1872 reform” and he believes we need a “royalty mechanism that is simple and transparent.”

Senator Maria Cantwell (D-WA) asked Salazar if he supports new mines on public lands when there will be environmental degradation as a result. Salazar responded that “DOI can support turning down permits” if that is the case and he “will not allow mining operations” that cause degradation. Udall asked Salazar how S. 796 would protect water resources and Salazar answered that the bill provides “a nexus between economic development and environmental protection” so that mining can prosper while not damaging the environment. Senator Jim Risch (R-ID) commented that it is “in everyone’s best interest” to resolve mining reform and he hoped that we could “transcend polarization” that has prevented action in past years.

Mr. Jim Butler of Parsons Behle & Latimer testified about his concern over Section 302 in S. 796 on mining exploration. The reform would call for a permit to be issued before any exploration for mining occurs. Butler said this new process would cause exploration to take longer and cost more. He added that the Bureau of Land Management (BLM) would be “overwhelmed in paperwork.”

Mr. John Leshy of the University of California testified that S. 796 and S. 140 would “preserve and expand jobs” and said that it is “time to close the loophole” that allows mining operations on federal public lands for free. He called for the DOI to have authority to veto “bad mines” on public lands. Leshy testified that gold is one of the most important hardrock minerals mined in the U.S. and called it economically and environmentally compatible.

Ms. Robin Nazzaro of the Government Accountability Office (GAO) testified on GAO’s findings of how western states assess different rates of royalties on mining operations, saying they “often differ depending on land ownership and the mineral being extracted.” She also testified that using a consistent definition GAO found over 161,000 abandoned mine sites exist in western states, posing significant safety risks that need to be addressed.

Ms. Cathy Carlson of EARTHWORKS testified that our water quality is at risk from contamination from mining waste, including rivers and water in national parks. She encouraged the committee “to take up reform” and said reform “needs to address local communities” and create jobs. She recommended they ban hardrock mines that create a permanent damage to the environment.

Mr. Phillips Baker, Jr. of the National Mining Association (NMA) testified that the NMA “supports a net profit royalty” and not a gross or net smelter return (NSR) royalty, which he contended “would close” mines. He said NMA “cannot give its full support” to the mining reform bills that have been proposed because they would result in a greater dependence on foreign materials and would cause “regulatory uncertainty” that would harm U.S. mining competitiveness with its foreign counterparts.

Udall asked the panel, “Is there a need for Good Samaritan permits?” These permits would be to clean-up abandoned mines, which are abundant especially in western states. Butler indicated that “companies are discouraged” from setting up mining operations on land with abandoned mines because of the “liabilities for clean up” they may face. Udall then asked Leshy if he believed uranium should be treated as hardrock and Leshy responded that he did not think it should be.

Risch asked Nazzaro if the current administration favors gross or net royalties in mining reform. She responded that she is not aware if they favor either, but the GAO has just laid out the options and the best solution will depend on the rate of royalty enacted, as well as a combination of the choice of royalties is chosen. She also added that the more deductions they allow in the new reform the more complex the royalty process will be. Baker added that in his opinion the Alaska and Nevada models of royalties work. Leshy also responded that an “important issue” will be if Congress decides to enact royalties only on new mines and exempt existing mines, or if they will impose royalties on all mines. He said exempting existing mines will create “a hole in the revenue stream” generated from federal royalties.

Testimony from the panelists as well as a video of the hearing can be found here.

-SMP

Witnesses
Panel I
John “Randy” Pomponio
Director of Environmental Assessment and Innovation Division (EAID), Region Three, U. S. Environmental Protection Agency

Panel II
Mr. Paul Sloan
Deputy Commissioner, Tennessee Department of Environment and Conservation
Mr. Randy Huffman
Cabinet Secretary, West Virginia Department of Environmental Protection
Ms. Maria Gunnoe
Organizer, Ohio Valley Environmental Coalition
Dr. Margaret Palmer
Laboratory Director, Chesapeake Biological Laboratory, University of Maryland Center for Environmental Sciences

Committee Members Present
Benjamin L. Cardin, Chair (D-MD)
Lamar Alexander (R-TN)
James M. Inhofe* (R-OK)

*Ranking Member of full committee, not present but published an opening statement for the hearing  

On June 25, 2009, the Subcommittee on Water and Wildlife of the Senate Committee on Environment and Public Works held a hearing on “The Impacts of Mountaintop Removal Coal Mining on Water Quality in Appalachia.” Chairman Benjamin Cardin (D-MD) called the hearing on mountaintop mining because “the impact of this type of activity is dramatic” and there is a “public health concern” associated with this practice. Senator Lamar Alexander (R-TN) recognized that “coal is an essential part of our energy future,” but “it is not necessary to ruin our mountains” to use coal.

Mr. John “Randy” Pomponio testified on behalf of the Environmental Protection Agency (EPA) that streams from valley filled as a result of surface mining “impairs the use of the streams and ultimately leads to listing of these streams as ‘impaired water bodies’ in EPA’s water quality reports.” Surface coal mining represents 40 to 45 percent of coal mining in Central Appalachia and is of important concern for the environment. He added that recent studies have shown that streams from past and current mining can experience “long-lasting impairments to aquatic biota.” Often elevated levels of selenium are found in streams that exceed state and federal acceptable levels. Surface mining also kills forests, ecosystems, and habitats and results in a loss of “water quality and ecological services.” Pomponio said the most important part of considering future mines is treating the streams and rivers as a watershed and considering the cumulative impacts mining will have on the system. He also testified about EPA’s responsibility under the Clean Water Act and the National Environmental Policy Act (NEPA) to protect the nation’s water from harm and to develop tools to allow coal mining to occur in the least destructive manner to the environment.  

Senator Cardin asked Pomponio about the cumulative impact on forests and streams due to mountaintop mining. Pomponio said there was “an integral relationship” between the two and cited the importance of streams, comparing them to “capillaries in your bloodstream.” Cardin also asked, “Is there an adequate remedial program for destroyed forests?” Pomponio responded that it is uncertain and “we don’t know where technology will take us” in the future. He added “we know the value of forests,” but “runoff issues are much more complicated.”

Mr. Paul Sloan from the Tennessee Department of Environment and Conservation testified about how they regulate coal mining in Tennessee to protect the environment and the “ongoing safety and health risk” associated with mountaintop mining. He also testified about the importance of protecting our waters saying, “Waters of the state are a public trust.” He added that Tennessee supports the Appalachia Restoration Act and that “responsible mining is possible.” Sloan recommended clarification on protection of head waters, which are crucial for environmental protection, in light of recent Supreme Court decisions that have left application of the Clean Water Act on headwaters and wetlands unclear. He supports passage of the Clean Water Restoration Act (S. 787) and “its goal of restoring the approach used by EPA and the Corps of Engineers for many years prior to those decisions.” He urged passage of the Appalachia Restoration Act (S. 696) for consistency in coal mining to protect the nation’s headwater streams.

Mr. Randy Huffman of the West Virginia Department of Environmental Protection testified that EPA is “wrongly claiming that West Virginia is not upholding its own rules” in protecting water resources from effects of coal mining. He testified that “West Virginia wants to protect its water resources” and is concerned that more regulations from EPA will “limit all types of mining.” Huffman added that mountaintop mining is already covered under regulations of surface mining and when considering protecting the environment the discussion cannot be limited to surface mining. He also expressed concern about EPA’s change in position on eliminating valley fills saying it will cause all underground mining to end, and an end to mining in Appalachia would “be felt in the world’s energy markets.” Huffman emphasized the importance of coal to the economy saying that “West Virginia and the nation need jobs and coal.”

Cardin asked Huffman, “What can you do on this headwater issue?” Huffman responded that they have reduced the size of valley fills, but there has been an “unintended consequence” of an increasing number of smaller valleys being filled with mining waste. He added that more “research dollars need to be invested” to determine how to better handle this problem.

Ms. Maria Gunnoe of the Ohio Valley Environmental Coalition testified to the environmental harms impacting the area in West Virginia where she has lived for her entire life. She testified that mountaintop mining “causes catastrophic flooding” in the valleys and can also impact the health of residents because “what it does to our air quality is horrible.” Gunnoe talked about there being 150,000 coal-mining jobs in the state in 1950 and today that number is down to less than 15,000. She emphasized that number could decrease further because there will be “no economic desire” to invest in mining in the state “if people can’t live there” due to the deteriorating health conditions. Gunnoe called mountaintop mining a “human rights issue” because her right to clean water is being taken away and “the water will never be again what it once was.”

Dr. Margaret Palmer of the University of Maryland Center for Environmental Science testified to the “irrefutable scientific effects” of mountaintop mining on the environment, saying that it contributes to pollution leading to contaminants being stored in sediments of streambeds and the impacts of valley fills are “immense and irreversible.” She testified to the loss of Mayflies in Appalachia which “tells us something is wrong.” Palmer added that mitigation efforts to reduce the impact of the mining are working, saying “there is no evidence to date that mitigation actions can compensate for the lost natural resources and ecological functions of the headwater streams that are destroyed.” The method of stream creation will not act in the same way as a natural stream and will not be able to support an active aquatic community. She stated that when considering manmade streams it is “unacceptable to say the stream is ecologically healthy.”

Cardin wanted to know more about this issue of remediation programs for mitigation and Palmer responded that there is “no scientific evidence” it can be done. In addition high levels of contamination remain for a long time even after mining stops. She said that stream creation “fundamentally alters hydrology” leading to larger discharge from the valley fill.

Senator Alexander asked Sloan if under current federal law it is possible for excess waste from coal mining to be dumped into rivers in Tennessee. Sloan responded that “we would not certify valley fills” under Section 401 of the Clean Water Act. He added that “consistency” in federal laws on this issue is “at a premium” and “we don’t have that today.” Currently, the Clean Water Act will exempt discharge of material into U.S. waters from permitting unless all of three conditions were true: a discharge was made into U.S. navigable waters, the purpose of the project brought the area into a use to which it was not previously subject, and there is impairment or reduction of navigable waters. Alexander also wanted to know Sloan’s opinion on the importance of maintaining natural beauty and the parks in Tennessee as a way to increase family incomes due to added jobs and economic growth from tourism to the current state administration. Sloan said that with over 600,000 acres of public lands “the value is held very highly with this administration and within the entire state.”

Testimony from the panelists as well as a video of the hearing can be found here.

-SMP

Sources: Hearing testimony.

Contributed by Government Affairs Program staff; and Stephanie Praus, 2009 AGI/AIPG Summer Intern.

Please send any comments or requests for information to AGI Government Affairs Program.

Last updated on December 8, 2009.

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