Document kmgexXMZpz3DkXG34X1n0QgKO

COMMONWEALTH OF VIRGINIA Department ofMine:;, Minerals and Energy P, O, Pnnvei 'ifs0 liiL! Umv Gap, V?t|;ini, 24210-0900 <270) 02 UR (00 r AX (Ilf.) 52.)-RUR v,-\v.v rinuiif: viiuiriia j.njv June 6, 2017 DIVISIONS ENERGY GAS AND OIL GEOLOGY AND MINERAL RESOURCES MINED LAND RECLAMATION MINERAL MINING MINES ADMINISTRATION Mr. David B. McGuigan Associate Director Office ofNPDES Compliance and Enforcement Water Protection Division U. S. Environmental Protection Agency, Region III 1650 Arch Street Philadelphia, PA 19103-2029 Dear Mr. McGuigan: The Division of Mined Land Reclamation (DMLR) Division Director Randy Casey shared a copy of the Clean Water Act Section 308 Information Requirement that EPA issued to Centura Energy on May 25th. I am deeply concerned about the action that EPA has taken. First and foremost, the Department of Mines, Minerals and Energy (DMME), which is the agency responsible for NPDES permitting and compliance in Virginia's coalfields, never requested this. It is our understanding this action was reported to EPA as being initiated by DMME and that is simply not the case. DMME does not support this action and is not in agreement that it is consistent with Section 308. Second, all of the requested permitting data and information is readily available within DMME and is also electronically accessible to EPA; thus, it is punitive, inefficient, and beyond the regulatory confines to force Contura to pull and submit this information under a threat of penalty for delay or omission. Third, DMME does not agree with EPA's interpretation regarding underdrains, which appears to be the focus of the Information Requirement. Additionally, we find the timing contusing considering we just arranged a call to discuss this issue on June 8th, DMME believes it improper for EPA to single out individual permittees like Contura and Red River (which previously received a similar information requirement) when our agencies are in fundamental disagreement over what is the regulatory requirement, which we have not had a chance to discuss, and which has widespread programmatic implications across numerous states. This proposed action would not only apply to coal mining fills, but as being applied by EPA, could be interpreted as a requirement for numerous other constructed fills such as road fills. EQUAL OPPORTUNITY EMPLOYER TDD I'SflfiY R28-I I 70 -- Viroinin Rplav Center 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00003719-00001 Mr. David B. McGuigan Page 2 June 6, 2017 For the above stated reasons, DMME requests EPA rescind the Information Requirement. Once we have had a chance to reach a common interpretation of Section 308 and have established associated regulatory program expectations, DMME stands ready to take any necessary appropriate action. Sincerely, c: Lawrence Starfield, EPA Janies Golden, DEQ John Warren, DMME Bradley C. Lambert Deputy Director 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00003719-00002