Pittsburgh Post-Gazette

SEEKING SOLUTIONS TO SUBSIDENCE

DEP accused of ineffectiv­e response to audits detailing mining damages

- By Laura Legere

HARRISBURG — Environmen­tal groups are frustrated with regulators’ response to a comprehens­ive report on the surface disruption­s caused by undergroun­d coal mining in Pennsylvan­ia, saying the Department of Environmen­tal Protection’s “weak” reply reveals a lack of urgency to correct long-acknowledg­ed problems. The department’s written response to the 2014 report by University of Pittsburgh researcher­s was discussed with a citizens advisory council last week. The Pitt report was essentiall­y an audit of state oversight and an accounting of damage caused by undergroun­d mining between 2008 and 2013. It was the fourth in a series of five-year reviews required by a 1994 revision to the state’s mine subsidence law, known as Act 54. The act allows subsidence damage to occur as long as it is fixed through payment or restoratio­n. DEP’s response distilled the audit and developed 45 recommenda­tions for its undergroun­d mining program. Sharon Hill, the permitting and technical section chief in the DEP’s bureau of mining programs, said the department is already taking steps to improve its data handling and enhance its mining informatio­n system, which the auditors had deemed unreliable for tracking mining impacts because of its many gaps and errors. The agency has also committed to revising its policies for protecting and restoring streams damaged during mining, although that is likely a years-long process that is just beginning.

But DEP declined to set a clear path for action on some of the audit’s suggestion­s and took issue with parts of the report it considered misleading or misunderst­ood.

Citizens’ groups and environmen­tal advocates are pushing for robust enforcemen­t and a more fundamenta­l reevaluati­on of the state’s longwall mining regulation­s to prevent the coal extraction method’s worst impacts to streams and property.

“The pattern is tiresomely predictabl­e: acknowledg­e that there may be some problems, give vague assurances that things are being done to correct them, promise that the next five-year report will show improvemen­ts, and hope that the public has been placated enough to turn its attention to non-mining matters,” said Stephen Kunz, an

ecologist with the Delaware County consulting firm Schmid & Co.

“Perhaps the real intention of the department is to further delay any meaningful action until the remaining coal has been mined out.”

Coal interests agreed with DEP’s conclusion that data collection should be improved through electronic reporting and better communicat­ion, and they were pleased to see the department call out parts of the audit that had been misconstru­ed.

John Pippy, CEO of the Harrisburg-based Pennsylvan­ia Coal Alliance, said that since the release of the previous installmen­t of the report, which covered the years 2003-2008, “Over 85 percent of the reported issues have been resolved with the remaining cases pending resolution­s.

“The industry stands ready to work with DEP on continued reporting and accountabi­lity for best practices in environmen­tal quality,” he said in a statement.

The audit by Pitt researcher­s found that problems with the quality of informatio­n the state collects to evaluate mining impacts, as well as how it is stored and sorted, hampers efforts to measure the extent of damage, especially to waterways.

Good data is also necessary to predict where streams might be damaged by mining so it can be avoided.

Regulators will deny mining permits if DEP determines in advance that they will cause severe, irreparabl­e damage to streams. But irreparabl­e damage has occurred — DEP deemed streams unrecovera­ble at the end of seven investigat­ions, according to the University of Pittsburgh report.

“Making a permit decision is a predictive process,” Ms. Hill said. “We do use the best tools that we have. It’s not a guarantee that no damage will take place.”

DEP officials acknowledg­ed that it is worth looking for ways to improve their prediction­s, even as they noted in their review that, in most cases, longwall mining throughout southweste­rn Pennsylvan­ia has not caused unanticipa­ted, irreparabl­e damage and that “100 percent accuracy of prediction is not a reasonable expectatio­n.”

Environmen­tal groups said they appreciate the challenge DEP faces, but they would like to see more evidence of the agency’s commitment to take it on.

“I’m not sure that I heard the department fully have a reckoning about just how far they need to come,” said Patrick Grenter, executive director of the Center for Coalfield Justice in Washington, Pa.

“The pattern is tiresomely predictabl­e ...”

— Stephen Kunz, ecologist, Schmid & Co.

 ?? Bob Donaldson/Post-Gazette ?? Interstate 70 eastbound in South Strabane shows the effects of subsidence caused by longwall mining in May 2000. The Post-Gazette reported then that during highway planning in 1962, the state Mining Commission opted not to buy the mineral rights...
Bob Donaldson/Post-Gazette Interstate 70 eastbound in South Strabane shows the effects of subsidence caused by longwall mining in May 2000. The Post-Gazette reported then that during highway planning in 1962, the state Mining Commission opted not to buy the mineral rights...
 ?? Darrell Sapp/Post-Gazette ?? What mine subsidence can do: Cracks from mine subsidence frame a stained glass window of St. Joseph Church in Fairmont, W.Va. The damage resulted in the church being condemned in 1997.
Darrell Sapp/Post-Gazette What mine subsidence can do: Cracks from mine subsidence frame a stained glass window of St. Joseph Church in Fairmont, W.Va. The damage resulted in the church being condemned in 1997.

Newspapers in English

Newspapers from United States