House OKs bill to reduce fed coal regulations

CHARLESTON -- Jan 29 - McClatchy-Tribune Content Agency, LLC - David Beard The Dominion Post, Morgantown, W.Va.

The House Energy Committee approved a bill Thursday afternoon to lift some federal regulation from West Virginia coal operations.

HB 2119 is called the Intrastate Coal and Use Act. It cites the 9th and 10th Amendments to the U.S. Constitution that define the borders of federal and state powers.

The bill says that any coal mined in West Virginia and used exclusively in West Virginia is subject to regulation and oversight only by the West Virginia Department of Environmental Protection (EPA). The U.S. Environmental Protection Agency has no jurisdiction under federal interstate commerce laws to regulate this coal.

It notes that this applies only to permits required under the Clean Water Act for mines or facilities producing chemically altered coal products and excludes materials manufactured with significant components imported from other states.

Committee attorney Seth Gaskins told members that the bill is intended to bypass federal interstate commerce laws. If passed, it will eventually be tested in court.

And some aspects remain questionable, he said. For instance, the EPA may assert that even if the coal is burned in West Virginia plants, its emissions are subject to federal oversight if they cross state lines.

Delegate Jeff Eldridge, D-Lincoln, asked how much coal this bill would apply to. Delegate Rupie Phillips, D-Logan said that West Virginia coal plants burn about 34 to 36 million tons of coal per year, and about half of that is in-state coal.

Reducing some of the costs associated with federal regulations could help make prices for that coal more competitive, Phillips said.

Committee chair Woody Ireland, R-Ritchie, noted that the bill wouldn't apply only to steam coal. If it's turned into liquid fuel or some other product in state, the bill would cover that, too.

Delegate Joshua Nelson, R-Boone, and a bill co-sponsor, said, "I think this legislation is extremely important." He's been campaigning on the issue for years. It's the Legislature's duty "to make sure we are fighting for coal mining jobs all over West Virginia."

The bill passed 19-0 in a roll-call vote. Local Delegates Dave Pethtel, D-Wetzel, Randy Smith, R-Tucker, and Joe Statler, R-Monongalia and a co-sponsor, were among the 19.

Reynolds requested that a second reference to Judiciary be waived so it can go right to the House floor, and Ireland said he would ask about it. Asked after the meeting the reason for his request, Reynolds said he wants it to move quickly.

http://www.energycentral.com/functional/news/news_detail.cfm?did=38617214