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AOC

Wealth-based green industry for West Virginia

by: Clem Guttata

Fri Sep 25, 2009 at 09:23:58 AM EDT

By Clem Guttata

This comment by One Citizen deserves its own diary:

Obama promised a "wealth-based green industry", but didn't go into much detail, as far as I could tell.  And unfortunately, his "green jobs czar" was run off before he could really get the ball rolling. So its up to us.

I'm old enough to remember when West Virginia used to be a real manufacturing mecca. Think about it. From tools to weapons, from silicon chips to silicone coatings, we've been a source for aluminum, steel, plastics, Teflon, glass, and even Glyclean, used in the processing of high purity electronics & semiconductor processing.

I have a pretty good idea why we DON'T manufacture high grade alternatives like solar panels and wind turbines in WV.  Its because of the hyper-toxicity of coal-driven politics.  Big Coal simply wants to drive everyone out and turn WV into a giant moon scape. We may as well face it. As long as surface mines are allowed to proliferate and there aren't any Clean Election Laws implemented, Big Coal will be all but encouraged by our politicians to continue that course of action.

Clean election laws aside, EPA's enforcement of Clean Water Act laws and OSM strict oversight of SMCRA regs can potentially jam a crowbar into the spokes of surface mine operators.

So to turn things around we need to embrace the fact that manufacturing takes energy, and right now, WV's fossil fuels are the only source of that energy. Since Clem points out that coal production per man hour is on the wane in WV, perhaps dangling the prospect of jacking up local energy needs by luring manufacturers to come to WV is part of the political solution.  And all the while, demand that deep mining and strict environmental laws are being enforced.

Guaranteeing more deep mine operations while ramping up local energy consumption so WV can manufacture alternative energy sources can be a winning argument. I just wonder if our state leaders could be persuaded to promote the discounting of energy for the purpose of manufacturing anything "green". Seems to me that discounting energy was one major method he tried to keep those Ravenswood aluminum workers from getting laid off.  He certainly tried getting discounted energy when it came to trying to save Blenko from shutting down.

Another wealth-based green industry is cleaning up the over 400 toxic slurry injection sites, the abandoned coal mines, and the countless sludge impoundments strewn across WV.  While the WV Brownfields Redevelopment program is doing remediation in northern WV primarly using state funds, it just so happens that Don Blankenship was recently required to spend $10 million of Massey cash for remediation.

As part of the deal, Massey agreed to perform 20 water quality improvement projects along 25 miles of the Little Coal River, and to set aside 200 acres of riverfront property as protected from development. source

Now that's what I call generating shovel-ready 'wealth-based green jobs', because implementation didn't shift the responsibility onto the taxpayer.

Although there is a huge potential for a local green version of FDR's "New Deal" to be found in the remediation of hundreds of thousands of Clean Water Act permit violations, the plain truth is that there isn't the political climate for enforcement. First of all, even though there can't be any greener jobs than those engaged in remediation, neither Joe Manchin nor Randy Huffman are ever going to call them "green". Because that would then call attention to the fact that it's the EPA which has had to step in before scofflaw companies get busted.

Between January 2000 and March 2006, self-reported violations, included in reports Massey filed with regulators, amounted to 60,500 days of violations, or about 28 violations per day, according to court records.

That $20 million went into FED coffers and not WV because in all those violations over all that time, our DEP never busted them. And although $10 million is being spent towards remediation, it should have been a lot more.

It is notable that it was Bush's EPA that struck the deal.

One coal industry analyst previously cited by The Associated Press estimated Massey's potential fines at more than $2.4 billion.

So the thing that really ticks me off about the whole deal is that while the fine seemed large, it was the equivalent of only ten days worth of profit-taking by Massey.

Randy Huffman is even now stalling green jobs from being implemented by blocking the OSM from enforcing SMCRA requirements for restoring blasted-away mountains to their approximate original contour ("AOC").

This could really be a key issue towards changing the political attitude in WV regarding "green jobs". As surface mines are shut down, restoring to AOC has the potential to keep many of those dozer and other heavy equipment operators working.  And again, it has the potential of being done on the scofflaw coal operator's dime, not ours.

If only we had a REAL DEP chief.

OC raises more than a few important issues. For more background on AOC see here for a quick primer and on Coal Tattoo for even more details.

Discuss :: (4 Comments)

Essential reading on coal issues

by: Clem Guttata

Fri Jul 24, 2009 at 12:36:39 PM EDT

The last three posts by Ken Ward, Jr. at Coal Tattoo are all must-read links.

First up, in "Climate and CCS debate: Coal can't have it both ways" he points out an inherent contradiction by "clean coal" advocates.

Coal lobbyists want to argue that "clean coal" is here, but then also demand that the climate legislation working its way through Congress be further watered down, to give them more time to perfect and deploy carbon capture and storage technology.

The reality is, coal-to-liquid with carbon-capture and sequestration is far from here today. There are few small pilot projects with significant questions about if they can scale. (See his diary for links.) It's not clear if the technology will ever work.

Next up, Ken Ward, Jr., answers my question about Approximate Original Contour.

The entire post is well worth reading, here's a flavor from the introduction.

On one level, the answer is simple: The U.S. Office of Surface Mining and the West Virginia Department of Environmental Protection (at least in West Virginia - in other states, it would be their local regulatory authority). Those are the agencies who write the rules. As for how to get them to do their jobs ... that's beyond the scope of one little blog post.

WVDEP officials tried years ago to more clearly define AOC, something they said was needed if they were ever to enforce the rule. But OSMRE stopped the state from doing so, and has repeatedly delayed any plans for a federal rulemaking that would help clarify the term.  West Virginia, though, has adopted its own AOC formula, and most experts think that has resulted in a reduction in the size of valley fills that bury streams.

The Federal Government comes off worse than the state, but the long and the short of it is there's been more than enough time for the regulations to be more tightly defined. There's been a failure of political leadership to make that happen.

Finally, there's an excellent guest post by Gene Kitts of International Coal Group providing a coal industry justification for mountaintop removal. Unlike the fluff that comes from many industry trade groups (and, admittedly, issue advocacy groups at times, too), this post is full of details on why some sites are more appropriate for surface mining (e.g., mountaintop removal) instead of underground mining.

Again, here's a flavor, go read the entire piece (and interesting comments).

Why do we surface mine in Central Appalachia?

It's certainly not because we like the public attention and we really don't enjoy the struggles with regulatory agencies, the years of permitting delays and the seemingly endless litigation.  The fundamental answer is that coal is surface mined because that is the method necessary to recover the resource.

Starting with the basics

Why do we surface mine a coal seam or group of seams instead of deep mining that reserve?

The answer is generally determined by geology and topography.  However, in many cases the coal reserve has been previously deep-mined and surface mining recovers what was left.  Surface mining through abandoned deep mines, recovering the blocks of coal that were left decades ago, is relatively common.  Contour mining along the outer boundary of old deep mines has been a widespread practice for years.  The advent of the highwall miner, which is a more productive successor to a coal auger, has encouraged this trend.

There's a lot of room for critique on the assumptions are what makes something economically viable. In terms of how mining companies have operated absent considerations of negative externalities (the many costs that other people bear for the negative effects of coal mining), it is a really interesting read.

Discuss :: (1 Comments)

What I'd like to know about Approximate Original Contour (AOC)

by: Clem Guttata

Wed Jul 22, 2009 at 07:26:05 AM EDT

Here's something I'd really like to know about mountaintop removal mining regulation.

Which local, state, or federal regulatory bodies are responsible for defining and enforcing rules about returning Mountaintop Removal sites to Approximate Original Contour (AOC)? What can be done to force those agencies to do their job?

A recent report details the damage from mountaintop removal. Significant damage occurs because of a lack of returning landscape close enough to the original contour. Additional damage happens because original geological structures that filter water are disrupted. Even more damage occurs when eco-systems dependent on the original contour and the geological stucture turn out to no longer be viable.

Putting aside the larger question if the land can ever be restored to original condition, it is becoming increasingly obvious that the lack of returning mountaintop removal sites as close as possible to the original contour is the starting point for major damage to fragile ecological systems that developed over thousands of years.

Everyone who lives next to or downstream from a mountaintop removal site is suffering from that damage. We all have a stake in seeing the practice ended.

Discuss :: (1 Comments)

Save coal mining jobs: stop new MTM

by: Clem Guttata

Mon Apr 06, 2009 at 06:11:02 AM EDT

West Virginia coal miner monument

If we want to maximize coal mining jobs in West Virginia, it's time to put an indefinite moratorium on any new mountain top removal mining. Gov. Manchin could do this with the stroke of a pen--after 30 years of mountain top mining, approximate original contour still remains undefined. It is time for Gov. Manchin to correct this. Until existing mountain top removal mining is well regulated we should not allow any expansion of mountain top removal mining.

Coal Demand Down

Demand for coal is down. Way down. We're going to see a lot more stories like this: Patriot Coal plans to cut production by two million tons (emphasis mine):

Patriot Coal says it's cutting another 2 million tons of southern West Virginia production due to weak market conditions.

St. Louis-based Patriot says it's idling two contract mines that produce metallurgical coal at its Wells complex.

[snip]

Patriot says its also going to take Saturdays off at its Hobet surface mine complex, which produces coal for electric utilities. Additionally, Patriot says it's delaying the start of production from its new, two-mine Blue Creek complex.

CEO Rick Whiting says the cuts announced late last week eliminate 2009 production that hasn't been sold yet.

The global economic downturn is only part of the story. Long term demand for West Virginia coal may never recover. States to our east are investing heavily in both greener sources of electricity and demand reduction.

Save Coal Mining Jobs

How can a moratorium on mountain top mining in West Virginia save coal mining jobs?

Simple. Coal companies are cutting production. What production are they going to cut first? The highest cost production. Mountain top removal mining employs less people, costs coal companies less, and does more environmental damage than underground mining.

Who do you think deserves the money more, coal company owners and executives or underground coal miners? For the foreseeable future, we're going to need coal. As long as we do, I think we should encourage mining that employs the most West Virginia miners, don't you?

The way forward

Gov. Manchin can save West Virginia coal mining jobs by placing a moratorium on mountain top removal mining. West Virginians deserve full enforcement of existing laws. No more mountain top removal mining should occur until approximate original contour is defined and enforced.

This is the right way forward for coal mining jobs and the right way forward for West Virginia.

Flickr image credit: ChuckHolton

Discuss :: (2 Comments)
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