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11. COAL

the lack of coal export infrastructure on the Pacific Coast; moreover, PRB coal has lower heat content, albeit lower sulphur. Proposed terminals in Washington State have been cancelled or stalled due to local opposition, regulatory setbacks and market conditions (National Coal Council, 2018). Following an increase of 20% in 2018, the EIA expects US coal exports to fall over the following two years due to a decline in international benchmark prices.

Institutions

Regulation of the US coal sector is governed by a broad array of institutions at both the state and federal levels. Regulatory oversight varies for coal mining versus coal consumption. Federal regulation of the coal sector is predominantly directed by:

The Department of Labor, which oversees miner safety.

The Bureau of Land Management (BLM), which regulates mining on federal lands.

The Environmental Protection Agency (EPA), which regulates emissions from power plants.

The Department of Energy (DOE), which oversees research and development (R&D) efforts related to coal technologies.

Coal mining regulations are dominated by worker safety rules, most notably embodied in the Mine Safety and Health Act of 1977. That act created the Mine Safety and Health Administration (MSHA), housed in the Department of Labor, which is tasked with developing health and safety regulations for coal mining. Since the act was passed, mining fatalities have fallen considerably (MSHA, 2019a). In addition to developing and enforcing labour regulations, MSHA also provides technical assistance to mine operators. Congress in 2006 passed the Mine Improvement and New Emergency Response (MINER) Act, which requires mine-specific emergency response plans for underground coal mines, new regulations on mine rescue teams and sealing of abandoned mines, timely notice of accidents, and increased civil penalties for violations (MSHA, 2019b).

In order to address the safety and health implications for coal mine workers from coal dust, the Coal Mine Health and Safety Act of 1969 created the Black Lung Disability Trust Fund (set up in 1977). The programme is funded by a coal excise tax to cover health, disability and death benefits to miners suffering from black lung disease due to coal dust exposure (Congressional Research Service, 2019). The trust fund’s fiscal year 2017 revenues stood at around USD 450 million, though it borrowed USD 1.3 billion from the US Treasury’s general budget that same year to cover debt repayments. In 2014, MHSA updated coal dust rules, adding additional protections for miners (MSHA, 2016).

The Surface Mining Control and Reclamation Act of 1977 established requirements for coal mine rehabilitation after mining activities have ceased. The legislation created the Interior Department’s Office of Surface Mining Reclamation and Enforcement to regulate surface coal mining and oversee restoration of abandoned coal mines.

The BLM, under the Department of the Interior, has regulatory oversight over coal mining on federal lands, which accounts for around 41% of total coal produced in the United States, predominantly in Western states (BLM, 2019). As part of its

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ENERGY SECURITY

IEA. All rights reserved.

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