Appalachia Is Paying Price for White House Rule Change

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http://www.washingtonpost.com/wp-dyn/articles/A6462-2004Aug16.html

Appalachia Is Paying Price for White House Rule Change


By Joby Warrick
Washington Post Staff Writer
Tuesday, August 17, 2004; Page A01



Last of three articles

BECKLEY, W.Va. -- <snip>Today, mountaintop removal is booming again, and the practice of dumping mining debris into streambeds is explicitly protected, thanks to a small wording change to federal environmental regulations. U.S. officials simply reclassified the debris from objectionable "waste" to legally acceptable "fill."

The "fill rule," as the May 2002 rule change is now known, is a case study of how the Bush administration has attempted to reshape environmental policy in the face of fierce opposition from environmentalists, citizens groups and political opponents. Rather than proposing broad changes or drafting new legislation, administration officials often have taken existing regulations and made subtle tweaks that carry large consequences.

Sometimes the change hinges on a single critical phrase or definition. For example, when the Environmental Protection Agency announced proposals last year to control mercury emissions, it also moved to downgrade the "hazardous" classification of mercury pollution from power plants -- a seemingly minor change that effectively gave utilities 15 more years to implement the most costly controls. Earlier this year, the Energy Department helped insert wording into a Senate bill to reclassify millions of gallons of "high-level" radioactive waste as "incidental," a change that would spare the government the expense of removing and treating the waste.

The fill rule is one of several key changes to coal-mining regulations that have been enacted or proposed by the Bush administration, which took office promising to ease bureaucratic burdens for the coal industry and expand the nation's energy production. To administration officials and mining companies, the changes are simply clarifications that eliminated ambiguities in the law. To environmental groups, they are the administration's payback to an industry that has raised $9 million for Republicans since 1998. The coal industry is a political force in West Virginia, a vital swing state whose five electoral votes for George W. Bush helped put him over the top in 2000.

One proposed change -- described by administration officials as a "clarification" of the Clean Water Act -- would effectively void a two-decade-old ban on mining within 100 feet of a stream. Another proposal would scale back the federal government's legal obligation to police state mining agencies, by reclassifying certain duties from "nondiscretionary" to "discretionary."

In October 2001, the Bush administration intervened to change the focus of a federal mining study that was poised to recommend limits on the size of new mountaintop mines. And, in an internal policy change this spring, the administration promulgated guidelines that allow ditches dug by coal companies to serve as substitutes for streams that were being buried by debris.

"They call them 'clarifications,' but it's really all about removing obstacles," said Jack Spadaro, who regulated coal mines for 32 years as a federal mine inspector and senior mining safety officer. "They've made it easier for companies to dump mining waste into streams, and harder for citizens to challenge them."<snip>