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This article originally provided by The Courier-Journal

Groups say state ignored selenium studies in issuing E. Ky. mining permit

State regulators ignored studies that revealed high levels of selenium in fish and waterways in Eastern Kentucky when they issued a blanket permit for hundreds of coal-mining operations in July, environmental groups alleged Tuesday.

Citing sampling results at 13 locations near current or former mining operations since 2007 that the state only recently turned over to the groups through an open-records request, environmentalists say regulators should have required a robust monitoring program and limits on selenium discharges when issuing the permit.

The Kentucky Waterways Alliance and the Appalachian Center for the Economy and the Environment said they began asking for the monitoring results in 2007 and accused the state of sitting on the data for two years.

“This is simply unforgivable,” said Judy Petersen, executive director of Kentucky Waterways Alliance. “We've expressed concern about the lack of selenium limits in mining permits for years now, and the agency has responded that there is no known problem, and therefore no reason for selenium limits in permits.”

A naturally occurring substance in coal, selenium is essential for life in small quantities, but toxic at high concentrations. It can cause deformities and reproductive failure in fish and other wildlife. The Kentucky study was prompted by elevated levels found near some coal-mining operations in West Virginia.

Kentucky Energy and Environment Cabinet spokeswoman Karen Wilson said the agency vigorously disputes environmentalists' characterization of the matter.

“The data was only recently compiled in the last three weeks to the point where it was able to be released for external review,” she said. “The fact that provisional data were not ready to release until after the reissued general permit is solely coincidental.”

Peter Goodmann, assistant director of the Kentucky Division of Water, said the new permit gives state officials the authority to require frequent monitoring if initial tests at a mining operation suggest there might be a problem with selenium.

He said it is too early to say if mining is polluting Eastern Kentucky waterways with selenium because the study only involved about 40 samples. State officials still need to finish analyzing the monitoring results, and will probably need to conduct further studies, he said.

“There was no conspiracy to withhold data,” he said.

Reporter James Bruggers can be reached at (502) 582-4645.

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