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WVCA Hosts First Meeting of the West Virginia Coal Caucus

CHARLESTON – Approximately 30 members of the House of Delegates took part this past Tuesday in the first meeting of the Legislative Coal Caucus – a bipartisan group of delegates who are either from coal-producing counties or who understand the importance of coal to our state’s economy. The event was hosted by the West Virginia Coal Association and Friends of Coal.

The group heard a presentation concerning the current state of coal in West Virginia and the nation as well as projections for the near- and mid-term future of the industry. The goal is to work together, across party aisles to craft legislation that will help West Virginia’s 63,000 coal mining families and our state’s most basic industry weather the current economic situation and set the stage for growth in the 21st Century.

The next meeting of the WV Coal Caucus is scheduled for Monday, February 18.

West Virginia Coal Association Statement on Inauguration of Gov. Earl Ray Tomblin

CHARLESTON – “The West Virginia Coal Association and its members would like to congratulate Gov. Earl Ray Tomblin as he is inaugurated to a full-term as governor.  Gov. Tomblin is a proven leader, a sound fiscal manager and a strong supporter of our state’s 63,000 coal mining families.

“Today’s inauguration is a joyous time for our state. It is a celebration of a lifetime of hard work by Gov. Tomblin -- first in the Legislature and now as our state’s chief executive -- in which he has led our state to a sound financial position, balancing our budget even during the worst economic downturn of our lives.

“We salute Gov. Tomblin for his leadership, his foresight and his commitment to the state and its people. And we welcome the opportunity to work with him and with the leadership of the Legislature to assure the future of West Virginia.

“Today is a time for celebration. Tomorrow, the hard work begins. The upcoming Legislative session will be pivotal for the future of our state. We are confident that we have the opportunity to make that future a bright one for our people”

Man-Trip

ARCH Coal announced that effective January 7 Russ Lorince will become their Vice President of External Affairs for the Eastern Region. Russ will serve as Arch’s person on the primary state trade association’s boards and committees. Prior to joining Arch, Russ served as director of economic development at WVU and prior to that worked with Allegheny Energy for 25 years.

Amanda Lawson, Director of State Governmental Affairs for Walter Energy was appointed to an advisory committee that will guide and oversee implementation of the US Extractive Industries Transparency Initiative (USEITI). The appointment was made by the US Secretary of the Interior Ken Salazar in late December.

Coal Facts 2012 Available On-Line

The 2012 edition of the Coal Facts is now available on-line: www.wvcoal.com Go to the “Resources” tab at the top of the page and click on “Coal Facts 2012”. Once opened, at the bottom of the document there are icons in the left hand corner that will enlarge of decrease the size of the pages. It can also be printed.

FOC Auxiliary Need Assistance

The "Giving Hearts Project" has not been fully funded for last year, if you pledged please send your checks directly to the below address and any other contributions to the Auxiliary would be greatly appreciated.
Ninety families was the total for this year with many mothers and/or fathers who are or have been deployed militarily seeking help for their families. Numerous families in Mercer, Fayette, Webster, Wyoming, Kanawha, and Raleigh are included in this number.
FOC Ladies Auxiliary is a 501- C- 3 Non-Profit Organization - FEIN #27-3379290.
PO Box 1109, Beckley, WV 25802-1109. (304) 252.1457 Ext. 20.

The Auxiliary has also had some other bad luck, their hard drive was completely erased. They are therefore contacting everyone they know to get e-mail addresses. If you were receiving e-mails from the Auxiliary or you would like to receive e-mails please contact Susan Webb at ladiesauxiliary@friendsofcoal.org

Revisions to Coal Mining NPDES Rule Approved by Legislative Rulemaking Review Committee

On Wednesday the Legislature’s Rulemaking Review Committee (LRRC) http://www.legis.state.wv.us/committees/interims/committee.cfm?abb=rmr approved revisions to the state’s coal mining NPDES rule (47 CSR 30) to implement the provisions of Senate Bill (SB) 615 which was passed in the 2012 Regular Session. The Legislature passed SB 615 http://www.legis.state.wv.us/bill_status/bills_text.cfm?billdoc=SB615%20SUB1%20enr.htm&yr=2012&sesstype=RS&i=615to address a unique provision of the coal mining NPDES rule that did not exist in either the federal regulations or the West Virginia non-coal NPDES permitting rule. Under this provision, coal mining permit holders were held responsible for compliance with ALL state water quality standards regardless of whether or not their NPDES permit contained actual effluent limits for a given parameter. SB 615 corrected this peculiar language in the coal mining NPDES statute and provides coal operations with the same permit protection that permit holders have in other states and non-coal permit holders have in West Virginia.

For clarity, the agency proposed a revision to the rule in light of the passage of SB 615. The revisions were published for public comment in July 2012 and a public hearing was held on the proposed changes on August 7, 2012. The only substantive comments the agency received on the proposed revisions were those filed by the Association. Now that the rule has been approved by the LRRC, it will be introduced as a bill and be considered in the 2013 Regular Session. For a copy of the proposed revisions contact This email address is being protected from spambots. You need JavaScript enabled to view it.

OSM Releases Impoundment Oversight Reports

WV DEP to Issue Orders Requiring Additional Information
Yesterday the federal Office of Surface Mining released an oversight evaluation of coal refuse impoundments in West Virginia. Referred to as the Phase III report, the oversight initiative focused on the potential for impoundment breakthroughs into adjacent underground mine works and the conversion of impoundments into coal slurry cells. The oversight report is a continuation of an effort that started in 2001. The report that was released yesterday, through a press conference, contains programmatic recommendations for application across the industry and 15 site specific technical evaluations of individual facilities. In response to the programmatic findings, the West Virginia Department of Environmental Protection will require all impoundment operators to supply additional information and analysis regarding the breakthrough potential of existing operations. The orders will require the information to be submitted at mid-term review or permit renewal, whichever occurs first. The OSM Phase III oversight report is available at: http://www.arcc.osmre.gov/FOs/CHFO/Reports/EY2012-WV-TS-FI-CoalSlurryBreakthroughPotentialPhaseIII-010913.pdf

Rockefeller Will Not Run

U.S. Senator Jay Rockefeller announced this morning in Charleston that he will not seek re-election to the Senate in 2014. At the end of his current term Rockefeller will have been in public service in WV for more than 50 years. He’s served in the House of Delegates, as Secretary of State, Governor and U.S. Senator. Last month, Second District Congresswoman Shelley Moore Capito announced she will run for that U.S. Senate seat.

Legislative Receptions

The Hawks Nest Room has been reserved for company sponsored legislative receptions during the upcoming legislative sessions. A few of the companies have already committed, but there are still a few dates open: March 14 & 26; April 2 & 9. If you have an interest in sponsoring a reception (which are usually very well attended) please contact Sandi (304) 342-4153 or e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. with any questions or concerns.
  1. New Members
  2. FOC Ladies Need Assistance
  3. Jackson Resigns for EPA
  4. David Zegeer Passes
  5. PSC tells FirstEnergy to Keep Three Coal-Fired Power Plants Open in WV

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