The Association briefed Governor Earl Ray Tomblin and his Chief of Staff, Rob Alsop on issues relevant to the state’s coal industry this week.  Chairman Gary White was joined by Bill, Chris and Jason.

West Virginia’s 2nd District Congresswoman Shelley Moore Capito will receive the Annual Achievement Award from the Washington Coal Club at its Annual Banquet on December 1st at the Washington Court Hotel in DC.  Congressman Jason Altmire (PA) and Senators Jim Bunning (KY) and Kit Bond (GA) will also be recognized at the banquet.

Speaking to last week’s Annual Energy Conference of the Huntington Chamber of Commerce, NMA President Hal Quinn said although the new Congress may be more mining friendly than the current one, the federal regulatory agencies are likely to remain hostile to the mining community and pose a potent threat in the months ahead.

“We will face a greater threat from unelected regulators than from Congress,” said Quinn. “From the EPA and OSM to the SEC and MSHA, our industry will continue to be the target of costly rules that the new Congress can blunt but not always stop.”

“The mid-term elections have bolstered the number of mining-friendly members of Congress who will take their seats in the House and Senate in January,” said Quinn. “Although the cavalry may be riding to the rescue, the settlers may already be dead, especially if regulators succeed in imposing a welter of rules covering valley fills, air quality standards, greenhouse gas emissions and additional mine safety authorities and reporting requirements.” (NMA Mining Week)

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.