There's been talk lately about how the Obama administration is dealing with recent debate and litigation over Army Corps of Engineers permits that have been issued to fill in natural water bodies with rock waste from coal mines in Appalachia and the Kensington gold mine in Alaska. Federal rules were changed to allow such discharges during the Bush administration. According to a recent Rolling Stone profile of EPA administrator Lisa Jackson, another rule change might be in the works. (See page 2 of the story, which specifically refers to mining disposal practices in Alaska.)

Permission to put tailings in lakes, wetlands or other water bodies was the focus of the recent legal dispute involving the Kensington mine. The U.S. Supreme Court ruled in favor of the discharges last year, based on the conservative majority's interpretation of the law. Changing the rules for tailings disposal could have implications for the proposed Pebble mine or other mines in Alaska and elsewhere. It's not just a controversy in the United States, environmentalists and some First Nations groups are upset about it in Canada, too.

In light of the recent talk, I checked in with EPA Region 10 officials this week. Here's the response I received:

EPA is currently considering administrative options for improving the Clean Water Act review of proposed mining related discharges in waters of the U.S., including discharges associated with hard rock (mineral) and coal mining. Among the options, we are specifically evaluating potential revisions to the definition of "fill material" and clarification of how this regulation is interpreted and implemented.

EPA is coordinating with the Department of the Army and Corps of Engineers in this evaluation of our joint regulations. The goal is to improve the Clean Water Act (CWA) review of mining related discharges to reduce environmental, water quality, and human health impacts. While we are eager to move ahead quickly with improvements in our CWA programs, EPA has not made any final decisions. We anticipate that the process of revising CWA mining reviews will likely include the opportunity for public notice and comment to provide maximum transparency and public participation in our decision-making.