Coal Age

AUG 2012

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1970-1979 paign. By the time the legislature adjourned in March, it had passed much weakened regulations. The commercials made the difference. Of course, Rockefeller and his sympa- thizers were just parroting the new line from Washington where, on December 20, 1970, President Nixon established the EPA. Armed with sweeping powers, Senior Editor Nicholas P. Chironis, detailed the still devel- oping EPA in the August 1971 issue. Already employing more than 6,000 people and showing "evidence of a remarkable rate of growth in both authority and size, its oper- ating budget for this past year has been a nice, fat $1.3 billion—yet, surprisingly, the House just passed next year's appropriation at the level requested by EPA, nearly $2.5 billion—without a quibble." Functions already transferred to the agency: control of water pollution and pollutants that impair water quality; air pollution; waste disposal; radiation pollution; and control over the use of various pesticides. The federal government's requirement that industry submit detailed data on all waste discharges that may wind up in navi- gable rivers, lakes and coastal waters, chal- lenged the coal industry. More than 50,000 applicants were expected by the October 1. Deadline and skepticism was mounting that the new agency was up to the task of evaluating and processing all of those per- mits in time. Helping to enforce new laws and collect fines was the Justice Department. "We are not in any popularity contest," said Walter Kiechel Jr., deputy assistant attorney general. "We're the enforcers, we're the litigators. In the words of the Scriptures, Chapter 10, the Gospel according to John, verse 24—'I come not to bring peace but a sword.'" Then, referring to the fact that the Act provides a fine for violators of up to $2,500 and imprisonment for a year, he went on to say, "A $2,500 fine doesn't have much impact on a large cor- poration, but it does get your attention." On August 17, the EPA published new air quality regulations. Setting limits on partic- ulates, SO2 and NO2, the new standards would apply to new stationary sources but also to existing plants that are modified in such a way as to increase or alter the nature of their emissions. Buffalo Creek Tragedy On February 26, 1972, tragedy struck the coalfields once again. An earthen embank- ment holding more than 20 million cu ft of water failed at the head of the Buffalo Creek in Logan County, W.Va., sending more than 124 www.coalage.com 150 million gallons crashing down an 18- mile stretch of the creek. A total of 117 peo- ple were pronounced dead and more than 30 were still missing as Coal Age's April issue went to press. In addition, the flood- waters from the Pittston-owned mine destroyed 502 homes, 44 mobile homes, and caused major damage to 273 more dwellings. With coal already in the cross- hairs of the state government, renewed calls for regulations in West Virginia and throughout the nation spread nearly as fast as the floodwaters. Legislation to ban sur- face mining both on the West Virginia state level and on the national level was debated and introduced in both Charleston and Washington, D.C. "The rebuilding of Buffalo Valley is expected to last over a year. But what hap- pened there will have a permanent impact on the coal industry and the people of West Virginia. In addition to the numerous investigations and new legislation in West Virginia, Buffalo Creek has increased chances for the passage of the mine area protection act now before Congress, as well as further legislation," wrote the editors in the April 1972 issue. Strict surface mine leg- islation was later passed that year in Ohio, West Virginia and Illinois, and similar rules were considered nationwide. "The tragedy along Buffalo Creek stuns each one of us. The first concern now is to serve the physical and material needs of the victims as well as possible in view of the totality of destruction in the 18-mi long hollow. Many of them are bereft of the bare resources they will need to face tomorrow and next week and the weeks beyond," wrote the editors. Coal Age and McGraw- Hill employees created a special relief fund to help assist families in the Buffalo Creek disaster. As relief efforts continued along Buffalo Creek, legislation nationwide dealt with surface mining or ecological issues. Though the U.S. Supreme Court ruled in 1972 that states could not set up stronger anti-pollution regulations than the federal government, sustained ecological, mine safety and black lung legislation continued to be sought and passed. Regulation of sur- face mining on the state level was running at an all-time high despite the fact that coal operators graded and planted more than 81,600 acres of surface mined land in 1971. At least 14 of the 22 major surface coal-producing states strengthened existing statues, while Missouri and New Mexico enacted their first state reclama- tion laws in 1971 and 1972. This brought the number of states with reclamation laws to 21. Because regulations differed from state to state, "the coal industry supports comprehensive federal legisla- tion which will establish criteria for achieving sound reclamation and which will require the states to develop and enforce regulations that will meet those federal standards," said Carl E. Bagge, president of the National Coal Association (NCA) in the July 1972 issue. Though Congress would adjourn to hit the campaign trail without passing sur- face mining legislation, that summer President Nixon signed the Black Lung Benefits Act of 1972 with "mixed emo- Aerial views show the damage to housing and railroad tracks along Buffalo Creek.*Coal Age, April 1972 100th Anniversary Special Issue August 2012

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