[Congressional Record Volume 158, Number 24 (Tuesday, February 14, 2012)]
[Senate]
[Pages S588-S589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HARDROCK MINE CLEANUP
Mr. UDALL of Colorado. Mr. President, I have come to the floor to
talk about an environmental problem that affects many parts of Colorado
as well as other western States; that is, abandoned hardrock mines.
These mines pollute thousands of miles of streams and rivers in
America with truly a toxic soup of heavy metals, including arsenic,
lead, and mercury. That pollution impairs drinking water and kills
aquatic and plant life for miles downstream.
This is a problem that doesn't get enough attention in the Congress,
and it is my hope that by speaking, I can spur all of us in this body
and the administration to take greater steps to help solve this
problem. I would, in that spirit, invite my colleagues to join me in
this effort.
If I might first, a little background: Starting in the 1800s, miners
flocked to the West in search of fortune following the discovery of
precious metals, such as gold, lead, copper, and silver. They settled
in places with romantic names such as Leadville, Silverton, and Gypsum.
Mining became an important part of our history, of our settlement, and
of our development in Colorado. But it also left a very dirty and
deadly legacy.
When a claim was mined for all its worth, the miner frequently packed
up and left without a thought about the lasting problems the mine would
cause. And this was an era before modern mining laws that hold miners
accountable for their impact on the land.
Then, as a followup, in many cases it became impossible to identify
the persons responsible for the vast majority of these abandoned mines.
The Government Accountability Office estimates that there are over
160,000 such abandoned hard rock mines in the West; 7,300 are in
Colorado, 47,000 are in California, and another 50,000 are in Arizona.
Today, highly acidic water still drains from these mines, polluting
entire watersheds. I want to follow the logic that a picture is worth a
thousand words. I want to show my colleagues what an acid mine drainage
looks like. This is the Red and Bonita Mine in San Juan County, CO,
which is near Silverton. For scale, I want viewers to note the pickup
truck on the left side of this photograph. You can see a couple of
individuals up there as well. Over 300 gallons of water drains from
this mine every minute, and the water is contaminated with all kinds of
heavy metals that produce the orange and the red streaks you see in
this photograph. Highly acidic water flows into the Cement Creek and
eventually into the Animas River, impairing water quality and aquatic
life. For a region of Colorado that thrives on tourism, including
angling, this situation is extremely harmful.
From EPA data, we can conservatively estimate that over 10,000 miles
of streams and rivers and nearly 350,000 acres of lakes are impaired in
this country as a result of acid mine drainage. With that backdrop,
what is being done? For one, at those sites where a responsible party
can be identified, the Federal Government has the tools at its disposal
to hold them accountable. Also, the Federal Land Management agencies
have a variety of programs that mitigate abandoned hard rock mine
pollution.
However, the efforts I want to focus on today are those undertaken by
a third category of people: entities that had no role in creating the
pollution at an abandoned mine site yet want to make the situation
better. Appropriately enough, we refer to these entities as Good
Samaritans. One such Good Samaritan is the Animas River Stakeholders
Group in southwestern Colorado. They are working to find solutions to
clean up the Red and Bonita Mine. Often, Good Samaritans are nonprofits
with a mission to restore the natural environment. Sometimes they are
community groups that want to improve their cities and their towns.
Sometimes they are mining companies looking to be good stewards in the
communities in which they operate. Sometimes they are State and local
governments.
For example, take the Tiger Mine near Leadville, CO. The picture I
want to show you was taken before any remediation activities took
place. You can see the piles of mine waste and drainage coming from the
mines beside it. At peak flows, as much as 150 gallons of water per
minute contaminated with cadmium, copper, lead, zinc, and iron flows
out of the Tiger Mine.
As you can see in the second picture, some remediation work has been
done. The mine waste was moved out of the way, capped, and revegetated,
and the ditches were put in above the mine to divert surface water
runoff and to further reduce contamination.
You can also see in this picture that four pits have been dug below
the mine, and this represents the next phase of cleanup being lead by
Trout Unlimited, another Good Samaritan. Eventually these pits will
become what is known as a sulfate-reducing bioreactor. Now, the
Presiding Officer knows I was not a chemistry major, so I won't attempt
to describe how this works. But the end result is a good thing, I can
tell you that. The acid mine drainage flows in and cleaner water flows
out. However, Trout Unlimited has run into a problem that has
frustrated many Good Samaritans. The bioreactor counts as a point
source of pollution; therefore, before Trout Unlimited can turn the
bioreactor on, they must obtain a clean water permit. Trout Unlimited
cannot meet the stringent permit requirements without investing in far
more expensive water treatment options, nor can they afford to assume
the liability that comes with the permit. As a result, the bioreactor
sits unused.
Federal law is, in effect, sidelining some of the best hopes for
remediation. I have tried for several years--I said several years, but
it feels like a lifetime--I think at least a decade to give Good
Samaritans some relief. I have introduced legislation to every Congress
since 2002 that creates a unique permit specifically for this kind of
work. Unfortunately, I have not been able to convince enough of my
colleagues just how good of an idea this is, but I am going to keep
trying.
In addition, I have been working with Senator Boxer to encourage the
EPA to better use the administrative tools it has at its disposal. Good
Samaritans report to me that administrative tools have been cumbersome
to use so far, and they don't offer the full Clean Water Act protection
they need.
Senator Boxer, along with Senator Bennet, has asked the EPA to make
this tool more accessible to Good Samaritans. Last week we asked the
agency to provide Good Samaritans with assurances that they would not
be subject to enforcement for appropriate actions to clean up acid mine
pollution.
I am grateful for the work the EPA has done to focus on these issues
and for Senator Boxer's leadership. Good Samaritans are too valuable a
resource to keep on the sidelines. Congress
[[Page S589]]
should do what is necessary to bring their efforts to bear on the
cleanup of abandoned mine pollution. Good Samaritans cannot solve all
of our abandoned mine pollution problems, but we cannot afford to turn
away those willing to help any longer.
Mr. President, I thank you for your interest on this important topic
to those of us in the West.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
(The remarks of Mr. Rockefeller are located in today's Record under
``Statements on Introduced Bills and Joint Resolutions.'')
Mr. ROCKEFELLER. I yield the floor and note the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. JOHANNS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. JOHANNS. I ask unanimous consent to participate in a colloquy
with my colleagues, Senators Blunt, Risch, Isakson, and Heller.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. JOHANNS. Thank you, Mr. President.
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