KFTC members put focus on Beshear, not EPA

KFTC members delivered a strong message Tuesday evening that the Beshear administration needs to be accountable for failing to enforce the Clean Water Act, and that the U.S. EPA should be allowed to do its job.

By not enforcing the law, there are serious health consequences for people who live near coal mining operations and downstream, members emphasized.

"Each time a [water pollution] permit is issued, the Beshear administration is killing citizens," testified Samantha Cole of Beattyville.

The chance to offer comments on the enforcement of clean water laws came as members of KFTC attended a public hearing in Frankfort with the U.S. Environmental Protection Agency.

State officials requested this hearing in order to challenge the EPA's action to withhold 36 water pollution permits for coal mining in Kentucky.  These permits are being blocked by the EPA because they don't comply with the Clean Water Act, but the Beshear administration wants to issue them anyway.

"Make no mistake about what the purpose of this hearing is," said Bev May, a Floyd County member, during a press conference with the Sierra Club and other allies prior to the public hearing. "It is to bully the EPA. It is to try to create an environment in which the agency charged with protecting our health is intimidated to where they can't do their jobs."

Speakers at the press conference emphasized the devastating health impacts in communities with mountaintop removal mining, including 50% higher rates of cancer and 42% higher rates of birth defects, compared with non-mining communities. Additionally, the EPA's denial of these permits is necessary, since coal companies are refusing to follow the law and the state government is not properly enforcing it, according to KFTC speaker Doug Doerrfeld.

Many supporters of the coal industry were at the public hearing. A large portion of those were coal miners from eastern and western Kentucky, who also participated in a pro-coal rally before the hearing.

They are miners who legitimately fear for their jobs because they work for an industry in decline. But that decline has more to do with cheap natural gas, depressed markets, and high coal stockpiles resulting from a mild winter, pointed out Matt Wasson of Appalachian Voices.

"If EPA was to back off, it would not create a single new job," Wasson said. "It would not allow east Kentucky to sell a chunk more of coal. But it would give a greater advantage to the most irresponsible operators in the state."

The first dozen or so people to speak at the public hearing were members of the Kentucky General Assembly (public officials are allowed to go first). Sens. David Williams, Robert Stivers, Robin Webb, Dorsey Ridley and Reps. Jim Gooch, Hubert Collins, Ben Waide, Stan Lee, Brent Yonts, Fitz Steele, Leslie Combs, Ted Edmonds and Kim King were all present to deliver a message that the EPA action "is taking away rights to life, liberty and the pursuit of happiness," in the words of Rep. Gooch.

While the coal miners in the crowd cheered each of them enthusiastically, at least half of those legislators are ones who have been lukewarm to stronger mine safety laws or actually worked to weaken mine safety legislation.

Rep. Joni Jenkins of Louisville, where her constituents are affected daily by pollution from the burning of coal and disposal of coal ash, had a different view. "I know there is no 'my water' separate from 'your water,'" she said in support of the EPA's position.

Many others focused on clean water and good health also had their opinions heard, reminding the EPA to stand strong and enforce the law as they are obligated to do despite political pressure from coal companies and politicians. Speakers ranged from directly affected people to spokespeople of environmental organizations to current and former miners to 12-year-old Myles Maxson from Madison County.

Former coal miner Truman Hurt has seen many of the mountains around his home in Perry County destroyed and much of the water poisoned as a result of the lack of enforcement. "I'm ashamed of our state officials for not doing their jobs," he said.

Sam Avery, another member of KFTC, spoke to miners' fears that denying these permits would result in job loss. "Coal does not create jobs. Investment creates jobs," Avery said.

He described how cheap it is to invest in coal, because coal companies do not have to pay the costs of polluted water and air or children with health conditions. Avery called for jobs that don't result in this devastation. "We can have the jobs without mining, without polluting anything."

After sitting through much of the nearly three-and-a-half hours of testimony, Richard Taylor said he wasn't swayed by any of the anti-EPA arguments. "We're making economic arguments when we should be discussing issues of public health," Taylor said.

The EPA is holding two similar public hearings in Pikeville today before reaching a decision about whether to grant any of the 36 permits or uphold its objections.

Here's some media coverage from Tuesday's hearing:

• EPA Hearing on Kentucky Coal Mining Draws Hundreds of Demonstrators, Associated Press
• EPA Hears From Coal Supporters, Environmental Advocates at Frankfort Hearing, WFPL-FM
• Miners, environmentalists flock to EPA hearing, WKYT-TV
• Dueling rallies precede EPA hearings on 36 surface mining permits, Lexington Herald-Leader
• Coal industry, environmentalists clash at EPA hearing in Frankfort, The Courier-Journal
• EPA permit hearing draws coal supporters, foes, WDRB-TV