The permit process may get a little easier for the coal industry if a new bill sponsored by Rep. Shelley Moore Capito (R-W.Va.) makes its way into law.
Capito said her Coal Jobs Protection Act would help save many jobs in coal mining states like West Virginia by setting a deadline for the EPA to either approve or reject a permit application.
“Tens of thousands of West Virginians depend on the coal industry to put food on the table and a roof over their families’ heads,” Capito said. “The Coal Jobs Protection Act prevents the EPA from holding the permitting process hostage by putting them on the clock and restoring decision-making power to the states, rather than Washington bureaucrats. By holding the EPA accountable, Congress can help grow the economy, and protect mining and related jobs.”
The proposed bill would require the EPA to approve or veto 402 permit applications within 270 days of application. The permit would be automatically approved if the EPA fails to act by that time.
An additional provision within the bill would give the EPA 90 days after it receive a 404 permit application to begin the approval process for that application. It would also give the president a year to conduct an environmental assessment. Failure to act within that time frame for approval of a 404 permit would mean the application is approved, the permit is issued and the permit can never be subject to judicial review.
Senate Republican Leader Mitch McConnell (R-Ky.) recently introduced companion legislation in the Senate along with Sen. Rand Paul (R-Ky.).
Kentucky’s coal industry directly employs more than 14,000 people. For every miner employed, three more Kentuckians hold jobs indirectly dependent on coal. Total coal fell more than 22 percent in 2012 and coal production in the region is down by nearly 28 percent.
West Virginia lost 1,200 jobs in the last quarter in 2012 has had to close 266 coal-fired power plants in recent years.
Capito said that in addition to preventing the loss of thousands of jobs, her legislation would also prevent the United States from putting itself at a disadvantage for energy because other countries are investing in coal.
“People around the world are buying West Virginia coal,” Capito said on the House floor in April. “Our exports in the nation almost doubled since 2006, and in West Virginia we exported more than $5 billion of West Virginia coal. Now we all know it’s going to China because they have an insatiable demand, right? Guess where else it’s going? Europe, the Netherlands, Italy, Germany. “
Capito’s proposed bill awaits consideration by the House Transportation and Infrastructure Subcommittee on Water Resources and Environment. The Committee on Environment and Public Works will consider the Senate bill.