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Carol Raulston

FOR IMMEDIATE RELEASE
April 26, 2002

NMA Comments on "Valley Fill" Definition Process

Washington, DC - In response to recent media reports regarding the Environmental Protection Agency's (EPA) preparation of a final rule on the definition of "fill material," the National Mining Association's (NMA) President Jack Gerard said today, "EPA is attempting to end the regulatory confusion that has resulted from differing definitions of "fill material" adopted some years ago by EPA and the Army Corps of Engineers. This action, which began during the Clinton Administration, simply would codify permitting policies as they have existed for over 25 years and, hopefully, avoid further disruptive and unnecessary litigation."

Gerard emphasized that, NMA supports leaving the underlying Section 404 regulatory framework of the Clean Water Act in place, maintaining EPA's veto authority over permits if the activity would have an unacceptable adverse effect on aquatic resources, and preserving the right of states' to require conformance with their water quality standards. As such, we have not sought-nor do we expect the rule to grant-any expansion of what constitutes a valley fill. NMA's position is available in public documents filed with the agency as part of the normal rulemaking process.

Valley fills are engineered earth and rock structures designed to safely and permanently hold excess rock and other native material generated from excavation activities such as mining, road building and large construction projects in rugged, steep terrain. The nature of the terrain causes the formation of temporary stream segments in these valleys when it rains. The availability of valley fills makes road building, construction and mining possible in such areas, as there are no other viable or safe options for permanent placement of the excess material generated during excavation. Valley fills create valuable level land areas, out of the Appalachian flood plain, that are available for construction of hospitals, schools, recreational and commercial areas and other important uses.

In Central Appalachia, low sulfur coal seams lie in numerous horizontal layers relatively near the surface in the upper portion of mountainous areas. To reach the coal, layers of rock (mostly sandstone and shale) are removed and permanently placed in permitted valley fills. The coal produced from these operations supply millions of homes and businesses in the eastern U.S. with reliable and affordable electricity.