DEQ responds to OSMREs recent Determination regarding Alphas Ten-Day Notice

Land Quality Division
Published: July 15, 2016

Dear Deputy Director Owens, 

The Wyoming Department of Environmental Quality (DEQ) requests that you conduct an informal review of the Office of Surface Mining Reclamation and Enforcement's (OSMRE) July 11, 2016 determination on the January 21, 2016 ten-day notice (TON) related to the Wyoming operations of Alpha Natural Resources, Inc., and Alpha Coal West, Inc. (collectively Alpha). That document states "OSMRE has determined that a violation exists, and WYDEQ has not taken appropriate action to cause the violation to be corrected or shown good cause for failure to do so." Determination at 2. For the reasons set forth in DEQ's February 12, 2016 response to the TON which is incorporated herein, and for the reasons set forth herein, OSMRE's determination is in error and its decision in this matter should be reversed. 

In evaluating the substance of OSMRE's determination, it is apparent from the timing that this action by OSMRE is political in nature and serves little if any purpose in resolving this complex matter that involves the very livelihood of the miners in Wyoming... Click here for more