I am not repeating rhetoric. I am telling you how it is and I know from experience. It was a lot more than just keeping mining 100 ft away from a stream. Like I said you have no clue what you are talking about. It would literally make almost all coal unmineable because their definition of a stream would put about 80% of underground coal within 100 feet of a stream. It would have been a little less drastic to surface mining.
Back it up with facts. Cite some sources. I thought you designed where to place cones on a roadway (your own words). What do you do for a living and how would you know from experience?
Here is an Executive Summary of the Rule:
"The rule has the following seven major elements:
- First, the rule defines the term “material damage to the hydrologic balance outside the permit area” and requires that each permit establish the point at which adverse mining-related impacts on groundwater and surface water reach an unacceptable level; i.e., the point at which adverse impacts from mining would cause material damage to the hydrologic balance outside the permit area.
- Second, the rule sets forth how to collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish a comprehensive baseline that will facilitate evaluation of the effects of mining operations.
- Third, the rule outlines how to conduct effective, comprehensive monitoring of groundwater and surface water during and after both mining and reclamation and during the revegetation responsibility period to provide timely information documenting mining-related changes in water quality and quantity. Similarly, the rule addresses the need to require monitoring of the biological condition of perennial and certain intermittent streams during and after mining and reclamation to evaluate changes in aquatic life. Proper monitoring will enable timely detection of any adverse trends and allow timely implementation of any necessary corrective measures.Start Printed Page 93069
- Fourth, the rule promotes the protection or restoration of perennial and intermittent streams and related resources, especially the headwater streams that are critical to maintaining the ecological health and productivity of downstream waters.
- Fifth, the rule ensures that permittees and regulatory authorities make use of advances in information, technology, science, and methodologies related to surface and groundwater hydrology, surface-runoff management, stream restoration, soils, and revegetation, all of which relate directly or indirectly to protection of water resources.
- Sixth, the rule ensures that land disturbed by surface coal mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining or to higher or better uses of which there is reasonable likelihood. Soil characteristics and the degree and type of revegetation have a significant impact on surface-water runoff quantity and quality as well as on aquatic life and the terrestrial ecosystems dependent upon perennial and intermittent streams. The rule also requires use of native species to revegetate reclaimed mine sites unless and until a conflicting postmining land use, such as intensive agriculture, is implemented.
- Seventh, the rule updates measures to protect threatened and endangered species and designated critical habitat under the Endangered Species Act of 1973.[2] It also better explains how the fish and wildlife protection and enhancement provisions of SMCRA should be implemented."
So show me where in the Executive Summary it is "the worst rule in the history of the EPA".
And btw, the rule was established by the Office of Surface Mining Reclamation and Enforcement, an agency in the Department of the Interior, not the EPA.