MSHA Issues Final Rule To Lower Silica Dust Exposure In Mines

As expected, the new MSHA rule lowers the maximum exposure to 50 micrograms per cubic meter of air during an eight-hour shift.

The Mine Safety and Health Administration issued its final rule lowering silica dust exposure for coal miners Tuesday, a long awaited change amid growing concern about black lung disease.

As expected, the new MSHA rule lowers the maximum exposure to 50 micrograms per cubic meter of air during an eight-hour shift. The current limit is 100 micrograms per cubic meter.

The rule will take effect on June 17. Coal producers will have 12 months to comply. Metal and nonmetal mine operators will have 24 months.

Respirable crystalline silica is a carcinogen. It can cause lung disease, silicosis, lung cancer, progressive massive fibrosis and kidney disease. Coal dust containing silica dust has been shown to increase the severity of black lung cases and affect miners in their 30s and 40s.

The silica dust problem is thought to be caused by the mechanization of mining, especially in central Appalachia. Large machines grind through larger volumes of rock to maximize coal production.

Mine operators are supposed to ventilate mine work areas to lower the concentration of coal and rock dust, as well as methane.

Studies have shown in recent years that 1 in 5 miners in central Appalachia has black lung.

An investigation of the 2010 Upper Big Branch mine disaster in Raleigh County found that 17 of the 24 miners whose lung tissue could be sampled showed signs of black lung disease. A total of 29 miners died in the explosion, caused by a mixture of methane and coal dust.

MSHA rolled out the silica dust rule at an event Tuesday morning in Uniontown, Pennsylvania.

U.S. senators from Ohio, Pennsylvania, Virginia and West Virginia, including Sen. Joe Manchin, praised the rule, though they had previously criticized the agency for delays to its implementation.

Read NPR’s coverage here.

Federal Court Orders Justice-Owned Companies To Pay $8.5 Million

The U.S. District Court for the Western District of Virginia has enforced a state court decision last year to award Western Surety more than $8.5 million, plus interest.

A federal court has placed liens on several companies owned by Gov. Jim Justice to satisfy a previous state court-ordered judgment.

The U.S. District Court for the Western District of Virginia has enforced a state court decision last year to award Western Surety more than $8.5 million, plus interest.

The federal court placed charging orders, or liens, on Justice Coal of Kentucky, Justice Coal of West Virginia, Justice Management Services, Chestnut Land Holdings, Dublin Land, Twin Fir Estates and Justice Family Farms.

The judgment in favor of Western Surety was issued by the Circuit Court for Fairfax County, Virginia, in September. The award comes with post-judgment interest of 6 percent per annum.

In a separate case in the Western District of Virginia, Western Surety seeks another $3 million from Justice, Bluestone Resources and Southern Coal, alleging breach of contract.

Justice, a Republican candidate for the U.S. Senate, faces numerous legal challenges.

Another bond provider, Federal Insurance Co., sued Justice and four of his companies in June in the U.S. District Court for the Southern District of New York, seeking $8.1 million in damages.

Last month, a $1.2 million helicopter was seized from Bluestone Resources to partially satisfy a debt owed to a Caribbean investment firm.

In February, 1st Source Bank, of South Bend, Indiana, sued Bluestone in the Virginia court, charging breach of contract and seeking $4.5 million in damages.

The complaint accuses Bluestone of defaulting on loan agreements and also seeks attorney’s fees and possession of collateral.

According to the complaint, that collateral consists of “equipment owned by Bluestone Coal” and three properties that are part of the Wintergreen Ski Resort near Charlottesville, Virginia.

Warned By Treasurer, 2 Banks Avoided List Of Restricted Institutions

Treasurer Riley Moore added HSBC, Citigroup, TD Bank and Northern Trust to its list of financial institutions barred from state contracts. BMO and Fifth Third were not added to the list.

West Virginia’s Treasurer added four banks to a list of restricted institutions this week, but two more were left off.

Treasurer Riley Moore added HSBC, Citigroup, TD Bank and Northern Trust to its list of financial institutions barred from state contracts.

They join five others that Moore determined were boycotting fossil fuel investments.

However, two more banks that received warning letters from Moore in February, BMO and Fifth Third, were not added to the list.

Both banks replied to Moore that they were not shunning such investments. Senate Bill 262, enacted two years ago, enabled the Treasurer to review banks’ environmental, social and governance, or ESG policies. 

Of the nine banks now on the list, six are among the top banks financing coal-burning utilities, according to the Sierra Club.

They are Goldman Sachs, Chase, Morgan Stanley, Wells Fargo, Citigroup and TD. 

Other states, including Kentucky and Texas, have passed similar laws in opposition to ESG policies that are perceived to discourage fossil fuel investments.

BlackRock, another bank blacklisted from state contracts, is financing EQT, the biggest natural gas producer in the state and the biggest customer of the nearly finished Mountain Valley Pipeline. EQT announced last month it is buying the builder of the $7.5 billion pipeline, Equitrans Midstream.

How Baltimore Port Closure Affects Coal Producers In W.Va. 

For now, the companies that produce the coal will have to find a way to other ports, mainly Norfolk or the Gulf Coast.

The closure of the Port of Baltimore to most shipping has a ripple effect for coal producers in northern West Virginia. 

Baltimore exported 28 million tons of coal last year, about half of it from the Mountain State.

After a container ship struck the Francis Scott Key highway bridge last week, collapsing the structure, Baltimore Harbor’s coal piers have been cut off from the rest of the world.

For now, the companies that produce the coal will have to find a way to other ports, mainly Norfolk or the Gulf Coast. If not, customers in India, China, Japan and South Korea, among others, may have to turn to alternative sources.

John Saldanha, a professor of global supply chain management at West Virginia University (WVU), said Baltimore is the second largest U.S. export port for coal behind Norfolk, accounting for about a fifth of U.S. coal exports.

He said even if Norfolk and other ports have the capacity to absorb coal shipments that would otherwise come through Baltimore, it will raise shipping costs. That includes more train crews, more railcars and locomotives and more space to store the coal on the ground at another port.

“In the short run immediately, clearly, there’s going to be an increase in transportation costs. And depending upon what capacity the rail carriers can find, and how much diversion capacity, the rail carriers find both on the transportation networks as well as at the ocean piers, that is going to tell whether the coal producers will actually have to throttle back on their production in the short run,” he said. “Because if they continue producing at current rates, and there is no way to load that coal onto railcars, and for those railcars to go to the port, and there is no capacity at the port, then clearly that will require the coal producers to throttle back on production.”

Saldanha said in ordinary times, northern Appalachian coal from West Virginia and Pennsylvania is closer to the Port of Baltimore. Now that, that’s been disrupted, even temporarily, producers may take a look at whether they need to consider an alternative,

“Given that Baltimore and its proximity to the northern Appalachian coal basin might have been attractive from a transportation cost standpoint. But putting all your eggs in one basket, shipping everything else with the port Baltimore, of course, such Black Swan events nobody can anticipate, but then you always want to hedge,” he said. “And if you have all of your eggs in one basket, and you’re exporting everything to one single export port, then if anything happens either to the transportation links to that port within the port or coming out of that port that is going to that’s going to disable your operation, or at least hobble your operation in the short run.”

The Longer Way Around

Also ordinarily, Mid-Atlantic ports are closer to markets in Asia through the Suez Canal. But recent turmoil in the Middle East has caused the diversion of oceangoing vessels around the Cape of Good Hope at the southern tip of Africa. Saldhana said that gives Gulf Coast ports an advantage.

“So normally, coming from the Port of Baltimore, it would have been a lot easier to go into the Suez Canal,” he said. “But now because of the Red Sea, and the Houthi rebels affecting shipping over there, all the ships, so going down from the Gulf of Mexico to the cape, that might actually even be a little bit more competitive compared to coming out of the East Coast, given that all the ships of several shipping companies are opting to route their ships down around the cape.”

Even if Asian customers may need to consider sourcing coal from elsewhere – Australia, for example – Saldhana said they still prefer northern Appalachian coal because of its quality.

“So I think in the long run, the northern Appalachian Basin coal provides a superior product to the other coal sources,” he said, “but in the short run, there are definitely substitutes that are available that, while not of the same quality, would definitely fill the need.”

Federal, state and local officials have said their first priority is to reopen the Port of Baltimore. But they will have to remove all the pieces of the fallen bridge from the water, and that’s not a small task. Saldanha said the port may not reopen for weeks, if not months.

How The Baltimore Bridge Collapse Is Affecting Coal Producers In W.Va., This West Virginia Morning

On this West Virginia Morning, the closure of the Port of Baltimore to most shipping has a ripple effect for coal producers in northern West Virginia. Curtis Tate takes a deeper look.

On this West Virginia Morning, the closure of the Port of Baltimore to most shipping has a ripple effect for coal producers in northern West Virginia. Curtis Tate takes a deeper look.

Also, in this show, one solution to slow climate change is for industrial facilities to capture carbon dioxide emissions before they reach the atmosphere. The Allegheny Front’s Julie Grant looked into a new project that would transport CO2 to underground storage wells, including in Pennsylvania.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Emily Rice produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

EPA Proposes Settlement In Guyandotte Watershed Pollution Lawsuit

The EPA’s proposed consent decree would settle a lawsuit filed this month by environmental groups in the U.S. District Court for the Southern District of West Virginia.

The U.S Environmental Protection Agency has proposed a settlement to a federal lawsuit over water pollution from coal mining.

The EPA’s proposed consent decree would settle a lawsuit filed this month by environmental groups in the U.S. District Court for the Southern District of West Virginia.

It establishes total daily maximum loads for ionic toxicity in the lower Guyandotte watershed.

Ionic toxicity, dissolved mineral salts that result from surface mining, can impair aquatic life.

The West Virginia Rivers Coalition, the West Virginia Highlands Conservancy and the Sierra club filed the lawsuit on March 18. It named Adam Ortiz, the EPA Region 3 Administrator, as a defendant.

The proposed settlement was published in the Federal Register on Friday. The public has until April 29 to submit comments.

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