On Monday the federal Office of Surface Mining (OSM) released new guidance regarding its oversight of state mining regulatory programs.  Specifically, the guidance addresses the use of the federal Ten Day Notice process and its appropriate application to permitting issues.  The new guidance reverses previous determinations from OSM and the Department of the Interior regarding oversight of permitting decisions made by state regulatory authorities and could potentially complicate the primacy structure and relationship of these programs to the federal mining authority under OSM.  For a copy of the new guidance and more detailed memo describing the new actions contact jbostic@wvcoal.com

WVCA, , Massey employees, UMW safety officers and rank-and-file miners were among about two-dozen people who attended the last of four MSHA public hearings on an emergency rule governing “rock-dusting” of underground tunnels.  In September, MSHA issued a rule to require coal companies to apply more crushed stone to the walls, floors and other surfaces underground to control potential dust ignitions.  That rule has already taken effect on an emergency basis and now MSHA is taking public input on a final version.

WVCA said that MSHA should be more focused on allowing mine operators to use scrubbers mounted to mining machines to control dust and allowing extended cuts of coal that involve less moving of machines underground.  “That’s a major concern we have here in West Virginia,” said Chris Hamilton.  “That’s a much greater concern here throughout West Virginia and Appalachia than putting an additional 5 or 10 or 15 percent more rock dust.”

MSHA also announced a second phase of its “Rules to Live By” enforcement initiative to target the types of violations agency officials believe can lead to explosions and fires.

The Annual Coal Lobbyist meeting is set for Wednesday, December 15 at the Charleston Marriott beginning at 9 a.m.  Discussion of potential legislative issues and the strategies for the 2011 legislative program will be the morning agenda, followed by lunch for the newly-elected Senators and Delegates.  More details will be sent within the next week.

On Monday, Subcommittee A of the Joint Judiciary Committee, an Interim Committee, recommended a draft coal bed methane ownership bill for next year’s Session.  A copy can be obtained clicking here. This is only a recommendation.  This same subcommittee pulled a bill that would codify the current DEP moratorium on slurry injection before the meeting.

According to a report by the West Virginia Secondary Schools Athletic Committee, the Friends of Coal has recognized almost 61,000 state champions during the 10 years the group has sponsored the state high school athletic championships.  Below is a listing of the awards presented in each of the sport categories.