The WV Board of Coal Mine Health & Safety promulgated an "Emergency Rule" designed to close a major loop hole in the State's mandatory drug testing program.

The Board's "Emergency Rule", which becomes effective on July 1, extends the reporting and decertification requirements in current state law to all individuals who fail a drug or alcohol test prescribed under state law.  Heretofore, only cases involving a positive drug test that resulted in discharge, were reported to the Office of Miners’ Health, Safety & Training for disciplinary action and suspension of mining certification privileges.

The Association filed comments earlier this week regarding the proposal from the federal Environmental Protection Agency (EPA) to add streams to the 303(d) list of impaired waters for the State of West Virginia.

EPA published a notice in the Federal Register on Monday, April 8, 2013 in which it proposed adding 255 additional stream segments to the list of impaired waters for the State of West Virginia.  On March 25, 2013 EPA notified the state by letter that it was partially disapproving the state’s proposed 303(d) list of impaired waters.  EPA’s partial disapproval was based on the state’s decision not to place additional streams on the list of impaired waters for biological impairment using the West Virginia Stream Condition Index (WV SCI).

According to U.S. International Trade Commission data for Jan-Mar 2013, U.S. coal exports were up 11.2% y/y to 31.8 million tons. Metallurgical coal exports for this period increased 4% y/y to 18.2 million tons. The y/y growth is primarily attributable to thermal coal exports, which were up 23% y/y to 13.6 million tons for the same period. The March 2013 export figure totaled 13.6 million tons, up from 8.6 million in tons in February and represented the single largest ever month for U.S. coal exports.

In recent years, natural gas has competed more effectively with coal as a fuel for electricity generation as the cost of operating natural gas-fired generators fell below the cost of operating coal-fired generators in some regions, changing the least-cost dispatch ordering of available units. EIA's most recent outlook shows how generation market shares respond to changing fuel prices.

In 2011, West Virginia -- the second-largest U.S. coal producer -- accounted for 25 percent of the country's 91,611 coal jobs. By 2012, the number of miners or coal-related workers in West Virginia who applied for unemployment benefits had nearly tripled to almost 6,000.

But not all is lost. Hydraulic fracturing has made tapping into shale gas a viable endeavor, and the losses in coal could be more than made up by the gains in shale. About 3.5 million jobs will be created by 2035 as the United States exploits its shale reserves, a 2012 study by IHS Global Insight estimated