In line with a memorandum of understanding (MOU) signed by EPA and the Army Corps of Engineers (Corps), EPA announced that it would perform detailed reviews of 79 pending applications submitted to the Corps by mining companies that want to engage in surface coal mining activities in four Appalachian states. Forty-nine of the mines are in Kentucky, 23 are in West Virginia, 6 are in Ohio, and 1 is in Tennessee.

The June, 11, 2009, MOU established enhanced coordination procedures (ECP) between the Corps and EPA before the Corps' issuance of certain permits under Section 404 of the Clean Water Act. Section 404 authorizes the Corps to grant dredge and fill permits to mining companies and also grants EPA the authority to prohibit issuance of such permits if it finds that the proposed activities are inconsistent with Section 404(b)(1) Guidelines. According to EPA, all permits on the list of 79 showed the potential to violate one or more of the guidelines.

EPA's decision to hold up the permit applications was called "arbitrary" by the National Mining Association.

INFO: Contact EPA's Enesta Jones at 202-564-7873.