According to the Energy Information Administration’s (EIA) weekly production report, for the week ending 1/4/14, U.S. metallurgical exports through November 2013 were down 5.3% as compared to the same period in 2012 (60.7 million tons v. 64 million tons) and steam coal exports were off by 8.5% (46.8 million tons v. 51.2 million tons). Imported coal was also down 3.5% for this period (8.1 million tons v. 8.4 million tons). West Virginia’s 52 weeks production through 1/4/14, was down 3.2% statewide when compared to the same period in 2012/13 (115.8 million tons v. 119.6 million tons), with northern WV production up 2.7% (42.3 million tons v. 41.2 million tons) and southern WV off 6.3% (73.5 million tons v. 778.4 million tons). U.S. production for the 52 weeks through 1/4/14 was down 1.5% (992.6 million tons v. 1 billion tons).

In a Jan. 2, 2014 opinion the U.S. District Court for the Eastern District of Washington denied BNSF Railway’s motion to dismiss a case brought against it under the Clean Water Act (CWA) by seven environmental groups, led by the Sierra Club, concerning alleged discharges of coal dust and other coal materials to waters. As we previously informed you, as part of their coordinated effort to attempt to disrupt the construction of several proposed coal export facilities, the environmental groups brought suit against BNSF and several mining companies claiming that CWA National Pollutant Discharge Elimination System (NPDES) permits are required for every discharge of coal material from every rail car into any jurisdictional water or wetland during transit, despite the fact that the U.S. Environmental Protection Agency (EPA) has never required such permits. While the environmental groups voluntarily dismissed their case against the coal companies, they are continuing to pursue the charges against BNSF. Importantly, the district court’s ruling, while not making any findings as to the merits of the environmentalists’ claims, does provide a summary of certain relevant CWA cases that could provide insight into how it might rule on several of the substantive issues involved in the case.

Charles G. Snavely, Arch Coal’s President of Eastern U.S. Operations, has announced his retirement after a 35-year career in the coal industry.  Charles will continue serving Arch in a consultancy role on critical projects that fall outside the scope of the day-to-day operations through 2014.

Gary L. Bennett will succeed Snavely as president of eastern operations.  “Gary has been a key member of Arch’s management team for many years, and is very well-prepared for this important role,” said Kenneth D. Cochran, Arch’s senior vice president of operations.

On Wednesday, 1/8/14, EPA re-proposed its New Source Performance Standards (NSPS) for regulating carbon dioxide (CO2) emissions from new “fossil fuel-fired” power plants using Clean Air Act (CAA) § 111(b). 79 Fed. Reg.1430. The notice provides for a 60-day public comment period closing on March 10, 2014. EPA also announced that it will hold a public hearing on Jan. 28, 2014 in Washington, D.C., and separately noticed the rescission of its prior proposal of April 12, 2012 in its entirety. According to sources, it appears that EPA made few substantive changes from the original pre-proposed version released on Sept. 20, 2013.  We encourage all members and others to comment about the ridiculous nature of these rules and the impossible standards they set forth.  Contact the Association for additional information regarding specific comments to these re-proposed rules.

WEDNESDAY, JANUARY 29, 2014 

OPERATION, REGULATORY & TECHNICAL Session 

Wednesday	January 29, 2014
7:30 a.m.	Registration
8:30 a.m.	Welcome/Introductions
8:45 a.m.	State of Mine Safety Kevin Stricklin, MSHA Administrator Bob Cornett, MSHA District 3 Robert Amenola, MSHA District 4 Tim Watkins, MSHA District 12
10:000 a.m.	BREAK Sponsored by Spilman Thomas & Battle, PLLC and Potesta & Associates, Inc.
10:15 a.m.	"Patterns of Violations" - A West Virginia Case Study Mike Cimeno, Jackson Kelly Jason Nutzman, Dinsmore & Shohl
10:45 a.m.	OSM Oversite Issues Kip Power, Dinsmore & Shohl
11:15 a.m.	WV & The Endangered Species Act Aaaron Hieshman, Jackson Kelly
11:40 a.m.	Mine Law Update Dave Hardy, Hardy Pence, PLLC
12 noon	Lunch Sponsored by Jackson Kelly
1:30 p.m.	Respirable Coal Dust Pat Brady, Murray Energy Mark Watson, Alliance Coal
2:00 p.m.	Proximity Detection Technology Jim Dean, WVU Mining Extension Joel Watts, Board of Coal Mine Health & Safety
2:30 p.m.	EPA's Water Quality Standards Clarification Rule Mike Castle, Strategic Solutions
3:00 p.m.	Selenium Implementation Plan Ben Lowman & Kevin Segal, WV DEP
3:30 p.m.	Selenium Treatment Technology Al Meek & Ron Mullennex, Cardno MM&A
4:00 p.m.	Corps of Engineer's Regulatory Report Ginger Mullins, Corps of Engineers
4:30 p.m.	Aluminum Passive Treatment Dr. Paul Ziemkiewicz, WV Water Research Institute
5:00 p.m.	Associate Members Welcoming Reception
Thursday	January 30, 2014
7 a.m.	Registration
7:30 a.m.	Breakfast Sponsored by Walker Machinery and Dinsmore & Shohl
8:30 a.m.	Welcome & Introductions Jim Laurita, WVCA Chairman
8:45 a.m.	"Coal is the Cornerstone of Our Energy Future" Robert Murray, Murray Energy
9:15 a.m.	"Coal Exports" Ernie Thrasher, X-Coal
9:45 a.m.	State of the State - West Virginia First Governor Earl Ray Tomblin
10:15 a.m.	Break Sponsored by Wells Fargo
10:45 a.m.	Panel of Climate Issues Jeff Herholdt, WV Depatrment of Energy Paul Bailey, ACCCE John Benedict, WV Air Quality, DEP
12 noon	Mountaineer Guardian Luncheon Sponsored by Bowles Rice and BrickStreet Insurance Awards Presentation: Eugene White, Director WV Office of Miners' Health, Safety & Training
2:00 p.m.	MSHA 2014 Joe Main, Asst. Secretary, MSHA, US DOL
2:30 p.m.	Alpha Training Academy
3:00 p.m.	Deliberate Intent Rhonda Harvey, Bowles Rice
3:30 p.m.	Legislative Panel Discussion Pro-Coal Legislators
5:00 p.m.	Legislative Reception
Friday	January 31, 2014
7 a.m.	Registration
7:30 a.m.	Breakfast Sponsored by Steptoe & Johnson
8:30 a.m.	Welcome/Introductions
8:45 a.m.	Fighting Federal Overreach Patrick Morrissey, West Virginia Attorney General
9:15 a.m.	The 115th Congress: Looking Ahead
10:30 a.m.	Break Sponsored by Preservati Law PLLC
10:45 a.m.	Environmental Litigation Update Bob McLusky, Jackson Kelly
11:15 a.m.	OSM Update Tom Shope or Roger Calhoun, OSM
11:45 a.m.	WV's Mining & Reclamation Program Harold Ward, WV DEP
12 noon	Reclamation Awards Luncheon Awards Presentation by Randy Huffman, Cabinet Secretary, WV DEP
1:30 p.m.	Adjournment

 

The 41^st Annual Coal Mining Symposium is set for January 29 – 31^st, 2014 at the Charleston Civic Center.  The general registration is available on-line at http://www.wvcoal.com/2014-symposium-registration.html

A block of sleeping rooms has been reserved at the Holiday Inn Express (directly across from the Civic Center) at a rate of $99.00 per night.  To reserve your room please call the Holiday Inn Express directly at 304.345.0600 and let them know you want to be in the block of WVCA rooms.