“While Jackson stays in Washington, D.C., meeting with environmentalists, I meet with coal miners, factory workers and business leaders who worry that their next stop will be the unemployment line,” – Rep. Shelley Moore Capito

Special to Roll Call

It’s disappointing that the Obama administration and the Environmental Protection Agency continue to enforce a “my way or the highway” approach to environmental regulations.

For decades, the EPA has successfully cleaned up our air and streams without slowing down the economy. Now, at the worst possible time, the EPA is advancing an extreme agenda that threatens millions of jobs across America.

According to the EIA report, metallurgical exports for this past August (2011) were 33.6% ahead of those in August of last year, and steam coal exports were 34.6% ahead.  Comparing 2011 year-to-date exports through August with last year, shows metallurgical shipments 18.2% ahead (45.9 million tons v. 38.8 million tons) and steam coal is nearly 69% ahead (24.6 million tons v. 14.6 million tons).   2011 year-to-date imports were off by more than 26% (9.5 million v. 13 million).  West Virginia’s 2011 year-to-date production, through the week ending October 15^th, was 3% ahead of last year (137.8 million tons v. 133.9 million tons). 

The eight Appalachian states of WV, KY, VA, AL, TN, OH, PA and MD are producing more than a 1/3 of America’s coal, but that accounts for 64% of the value of all the coal mined in this country and these states have more than 70% of the coal miners in the United States. 

The U. S. District Court for the District of Columbia (court) ruled on Oct. 6 in National Mining Association v. Jackson that the U.S. Environmental Protection Agency (EPA) unlawfully changed the permitting process for Clean Water Act (CWA) § 404 permits for coal mines. The court sided with the State of West Virginia and the National Mining Association (NMA) in challenging EPA and the U.S. Army Corps of Engineers (Corps) actions that unlawfully obstructed the issuance of CWA permits and created a de facto moratorium on surface and underground coal mining within the Central Appalachian region and beyond.  Apart from striking down a significant obstacle, EPA injected into the CWA § 404 permitting process, this decision should provide a valuable precedent to deter federal agencies from using informal guidance to alter regulatory procedures and impose new requirements.

WVCA’s Senior Vice President Chris Hamilton presented testimony at the MSHA’s public hearing on Proposed Rule on Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines last week.  The hearing was conducted by Greg Wagner, MSHA’s Deputy Assistant Secretary

Hamilton discussed issues and concerns with the proposed timeline for refitting continuous miners with proximity detectors and advised of the work done by the WV Mine Safety Technology Task Force and encouraged MSHA to coordinate the development of this rule with the State.  He also used the hearing as an opportunity to express concern over the agencies position and reluctance to approve extended-cut remote controlled mining plans in order to minimize unnecessary repeated exposure to moving equipment underground.

Full WVCA testimony as well as testimony presented by Brian Thompson of Joy Global is available from WVCA by contacting Chris Hamilton at chamilton@wvcoal.com

Bill made a presentation to the North Carolina Coal Institute in Southern Pines, NC last Wednesday evening.  WV DEP Secretary Randy Huffman, Terry Sammons and a representative of the Corps of Engineers were on the following morning’s program.    

Friends of Coal spokesman Coach Don Nehlen will speak to a Chesapeake Energy Safety Meeting on Tuesday, October 25^th in Teays Valley.  He will also make a presentation to the combined Princeton/Bluefield Rotary Clubs on Friday, October 28^th in Princeton. 

We are coordinating a tour for students from a Marshall University Geography Class at Pritchard Mining’s operation on Tuesday, October 25^th in Kanawha County. 

Coach Nehlen and Coach Pruett will participate in the Southern regional meeting of the Fellowship of Christian Athletes (FCA) on November 15^th in Beckley.

Chris and Jason will film this month’s edition of The Coal Seam on WV Public Broadcasting’s Library Channel on Tuesday, October 25^th in Charleston.  Topics will include the recent DC Circuit Court decision regarding EPA’s illegal rulemaking, developments pertaining to WV’s alternative bonding program and the Special Reclamation Fund, as well as the Association’s participation in Thursday’s Congressional Coal Caucus meeting in Washington.