A U.S. Government Accountability Office (GAO) report released two weeks ago faulted the Environmental Protection Agency’s (EPA) enhanced review of 79 surface coal mining-related Section 404 permits.  The report found that the agency:

·  Has been ineffective in enhancing coordination or streamlining the permitting process;

·  Hinders coordination by failing to send decision-makers to monthly meetings of regulators and stakeholders;

·  Requests substantive changes in processes that have already been approved and begun, resulting in additional delay and cost;

·  Encroaches on state authority by insisting on how mines are to be designed;

·  Fails to communicate to state officials all pertinent information required for state permit consideration and approval; and

·  Adds to the uncertainty by preventing permit applicants from sharing information from past reviews.

GAO concluded that only six permits have been issued since EPA began its enhanced review in early 2009; 36 permits are still waiting to be in the enhanced review; and only one permit is currently under enhanced review. The GAO report was requested by House Natural Resources Committee Chairman Nick Rahall.   This report should be strong information for the investigations that have been promised by new House leaders.  Overall, the report questions the legality of some of EPA’s review practices and its attempts to usurp the authority of the Corps of Engineers over the Section 404 program and of the states on related water quality matters. A copy of the report is available upon request.

During the month of November the Association’s websites received considerable attention.

The Friends of Coal website, www.Friendsofcoal.org, had more than 1500 visitors for the month with over 5000 individual page views. Eighty-one percent (81%) of the visits were first timers with over 61% of the visitors coming from search engines. Visitors also came from over 26 countries and territories across the world.

The Coal Association’s website, www.wvcoal.com, had more than 3600 visitors and over 8200 individual page views, with sixty-two percent (62%) percent of the visitors coming to the site for the first time.  Over 71% of the total visits came from search engines with visitors from over 77 countries and territories.

ARLINGTON, Va. - The U.S. Department of Labor's Mine Safety and Health Administration today released an updated list of public hearings on the proposed rule "Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors.” The amended notice is available in today's Federal Register, and a copy is available at http://www.msha.gov/REGS/FEDREG/PROPOSED/2010PROP/2010-30099.asp. This notice indicates changes to the dates of the Washington, Pa., and Arlington, Va., hearings, as well as the addition of a seventh location in Prestonsburg, Ky. 

The proposed rule was published Oct. 19 and is available at http://www.msha.gov/REGS/FEDREG/PROPOSED/2010Prop/2010-25249.pdf. 

Federal and state officials were on hand Friday in Welch to dedicate the new federal prison facility. Located on former surface mined land, the prison will employ an estimated 400 people when fully staffed. It is located in the McDowell County industrial park, which is also part of the same restored surface mined site.

The dedication of this facility comes just weeks after the groundbreaking for the Bechtel Boy Scouts of America National Jamboree facility in Fayette County, also on a restored mined lands.

These two developments are just a couple of the important uses former surface mines have been put to across West Virginia.  In fact, a study just released by the West Virginia Department of Commerce and the Office of Coalfields Development shows more than 13,000 jobs have been created across the state on former surface mine land.  See full-text of a recent story in the Bluefield Daily Telegraph below.

FOC license plate applications were sent out again yesterday, via e-mail, to all of Coal Bits recipients.  If you have already ordered your license plate, then please pass the application along to your friends and family.  Companies can submit multiple applications by completing a form for each vehicle and submitting one check with the $70 fee for each vehicle.

We must have at least 250 applications in order to begin production of the FOC plate, so the more we receive the faster the process will progress.

If you need additional applications or have any questions please give Sandi a call at 304.342.4153 or e-mail to:  sdavison@wvcoal.com