On Thursday, the Senate voted 54 to 45 to pass House Joint Resolution (J.R.) 38, disapproving the Stream Protection Rule (SPR), a major regulation 6 years in the making and issued by the Obama administration to protect streams from impacts from both surface and underground coal mining. The Senate vote followed passage, by 1 day, of the J.R. in the House by a vote of 228 to 194. Under the Congressional Review Act (CRA), Congress may disapprove a rule within 60 days of a new Congress. If President Trump signs the J.R., as expected, the rule may not take effect. Four Democrats—Joe Manchin (WV), Claire McCaskill (MO), Joe Donnelly (IN), and Heidi Heitkamp (ND)—voted with all Republicans except Susan Collins (ME) to kill the SPR.
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Restoring Mined Land
As written by the Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE), the SPR requires coal mine operators to determine the ecological condition of intermittent and perennial streams before all mining begins and return the mined area to conditions that supported the site’s previous uses. Other provisions require that operators collect adequate premining data about the site of a proposed mining operation and adjacent areas to establish a comprehensive baseline that will facilitate evaluation of the effects of mining operations. Similarly, operators must monitor the biological condition of perennial and certain intermittent streams during and after mining and reclamation to evaluate changes in aquatic life. The rule also contained mandatory measures to protect threatened and endangered species and their habit.
One-Third of Mining Jobs at Risk
The coal mining industry fiercely opposed the rule, arguing that it was part of the Obama administration’s so-called “war on coal.” Opponents said the rule illegally regulated underground mines because the statutory authority used by the OSMRE—the Surface Mining Control and Reclamation Act of 1977 (SMCRA)—is specific to surface mining only. The rule was also unnecessary, they claimed, because it duplicated efforts taken by coal mining states to protect the environment. Coal mining provides about 33,000 jobs, about one-third of which would have been threatened by the SPR, said the industry.
Not a Partisan Issue
The Senate vote was sped through by Senate Majority Leader Mitch McConnnell, who serves the coal mining state of Kentucky.
“Appalachian coal miners, like those in my home state of Kentucky, need relief now,” said McConnell. ”That’s why groups like the Kentucky Coal Association, the United Mine Workers Association, and 14 state Attorneys General, among others, have all joined together in a call to overturn this regulation. This is not a partisan issue. This is about bringing relief to those who need it and protecting jobs across the country.”
Developed by Scientists
Environmental and conservation groups were not entirely pleased with the final SPR but said the requirements still provided local communities with information they need about water pollution caused by nearby coal mining operations and included protections for clean water and the health of communities surrounding coal mining operations.
According to Appalachian voices, the CRA is an “arcane procedure that gives Congress the power to stop regulations that were developed by scientists and other experts and commented upon by the public and the affected industry.” The proposed SPR generated more than 150,000 comments during the public comment period that included 15 public meetings across the country.
The SPR was published in the December 20, 2016, FR.