Various Significant Industry Developments
July 8, 2025 - Below is a message from Chris Hamilton, President, West Virginia Coal Association:
Re: WVCA’s Regulatory Activity and Communications Plan
As previously noted, there’s a host of ongoing legislative, regulatory and administrative actions designed to help our industry across many fronts that require our involvement and participation.
Generally speaking, these federal actions are intended to modify or repeal policies and rules that were issued under the Biden Administration to coerce utilities to transition from coal to other fuels or simply add to the complexity and cost of mining coal without a commensurate benefit.
As these actions develop, we are participating at every level by commenting on the proposals, speaking at public hearings and issuing press releases in support of the Administration and Agency actions.
Additionally, we are attempting to have a major voice in how the coal provisions in HB 2014, that takes effect on July 11th, are perceived and implemented to optimize the operation and life cycle of the state’s five (5) regulated coal plants.
Here’s the upcoming rule-making schedule.
USEPA has scheduled a public hearing tomorrow (July 8) and Thursday, July 10 on the proposed repeal of the Carbon Rule and Mercury MACT rules respectively. Written Comments are due on August 7 and August 15;
WVDEP has set a public hearing tomorrow (July 8) on 47-2 Water Quality Standards (Selenium) and a public comment period through July 15;
The Interior Department has scheduled a comment period extending through July 16 for the repeal of OSM’s Ten-Day Notice Rule;
USCOE has scheduled a comment period for two separate rulemakings NWPs and Regional Conditions for July 18 and August 4 respectively;
MSHA issued 18 sets of rules last Friday and scheduled a date for written comments by July 15;
Last week, the Association filed comments on proposed changes to several state air quality rules and the Corps’ proposed Regional General Permit and Letter of Permission for coal mining activities in West Virginia.
We are activating our Friends of Coal network of miners and their families to provide them with the ability to voice their support for President Trump and his energy team on as many issues that’s practical and where additional comments is necessary.
Towards this end, we’re asking our members to post or circulate the FOC QR Code and encourage their comment letters as they are subsequently released.
We plan to discuss this initiative at our Annual Membership meeting on August 7-9 at the Greenbrier Resort.
In the meantime, if more information is needed, please give us a call at 304/342-4153.
To: WVCA Membership
From: Chris Hamilton
Re: Significant Industry Developments
The repeal of the Biden era Carbon and Mercury Mact rules under the Clean Air Act and OSM’s Proposed Ten Day Notice rule, along with HB 2014 becoming effective are among the significant industry actions scheduled over the next several months. Additionally, there are several important cases unfolding before the WVPSC which will also require our attention and response.
The two EPA rule actions appearing in the Federal Register last week (attached) involve the outright repeal of the Carbon and Mercury Mats rules which were designed to substantially reduce coal fired electric generation. We have been asked to help generate favorable support for these two EPA actions. Accordingly, comments are due on August 7 for the Carbon rule and August 11 on the Mercury mats rule.
WVCA will draft comments for both measures and coordinate additional comments among members and through Friends of Coal.
On the state level, HB 2014 "Power Generation and Consumption Act” becomes effective on July 11th and concurrently implements the important coal provisions contained in the Governor’s microgrid legislative program. The coal provisions are designed to require instate regulated coal plants to run at a higher capacity factor and schedule appropriate coal plant modifications to effectively extend the life of the existing coal fleet. When fully implemented, these measures should precipitate increased instate consumption of thermal coal supplies.
Earlier this month, the WVPSC moved forward on this proposal by issuing the attached orders compelling West Virginia’s regulated utilities to file revised Integrated Resource Plans (IRPs) explaining in detail what upgrades need to be made and how they intend to extend the life of plants under their ownership.
Once the IRPs are submitted to the PSC, WVCA will have the opportunity to review and comment on the filings. WVCA has also moved to intervene in several rate cases and a Securitization case filed by Appalachian Power Companies and Wheeling Power Companies (APCo and WPCo) which have hearings set for July and August.
A review of these matters is planned for the Annual Membership Meeting in August but please give us a call if more information is desired or for questions.
PSC HB 2014 IRP (GO 183.15)
PSC HB 2014 (25-0450-E-GI)
Carbon Rule Repeal Proposal FR Notice June 17 2025
MATS Proposed Repeal FR Notice June 17 2025