November 6, 2012
In This Issue
Election Day
Environmental
Pre-Election Environmental Outlook: Either Outcome Means Active Agenda
IMA-NA Advocacy
Batch 12 of the Government of Canada's Chemical Management Plan (CMP) Industry Challenge
Just for Laughs!
MSHA
MSHA Places Increased Emphasis on Miner Discrimination Complaints
FYI
IMA-NA Minerals OELs
IMA-NA Events
Georgia Mining Association 2nd Annual Management Conference In Conjunction with IMA-NA
IMA-NA Events
WEBINAR: Four More Years or a New Sheriff in Town?
Registration Now Open for the 2013 IMA-NA Technology Workshop
IMA-NA Spring Meeting
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•  WEBINAR: The GRI Framework Overview, August 29, 2:00 p.m. EST.  Click here to register.
•  WEBINAR: The GRI Framework Overview, August 29, 2:00 p.m. EST.  Click here to register.
•  2012 IMA-NA Annual Meeting, the Loews Coronado Bay Resort, September 12 – 14, 2012.  Click here to register.
•  2012 IMA-NA Annual Meeting, the Loews Coronado Bay Resort, September 12 – 14, 2012.  Click here to register.
•  2013 IMA-NA Industrial Minerals Technology Workshop, Fort Lauderdale Marriott Coral Springs Hotel, Golf Club & Convention Center, March 4-6, 2013.  Registration will open soon.
•  2013 IMA-NA Industrial Minerals Technology Workshop, Fort Lauderdale Marriott Coral Springs Hotel, Golf Club & Convention Center, March 4-6, 2013.  Registration will open soon.

Election Day

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Environmental
 
Pre-Election Environmental Outlook: Either Outcome Means Active Agenda
Reprinted with permission from K&L Gates LLP
Senate and House caucus whips can count votes so accurately there is almost never a doubt over the outcome of a particular vote.  When it comes to the 2012 election, however, there is no certainly at all.  With less than one week before the election, the words most often used to describe the outcome are “toss up”.  On November 7th we may be waking up to a totally different Washington, DC with a new President and Republican Congress or the status quo with a divided Congress and President Obama re-elected to a second term.  When it comes to environmental policy, either outcome will mean big changes and opportunities over the next two to four year horizon.  Let’s look at the possible scenarios.
 
Obama – Part Two: If President Obama is reelected to a second term, we should expect EPA’s regulatory agenda to explode.  There are dozens of regulations waiting for OMB approval before they can be issued and dozens more waiting to go to OMB for final signoff.  Many of these rules have been caught up in election year politics, and  it’s a good bet that they will move soon after the election.  Moreover, the conventional wisdom is that during a second term the Administration will double down on the environment with a renewed focus on climate change, greenhouse gas regulations, coal ash and other coal-related rules, new source performance standards for electric power plants and tighter controls on hydraulic fracturing.  This agenda is likely to be coupled with an aggressive enforcement policy, exhaustive permit approvals and extensive NEPA reviews.  Of course a re-elected President Obama and his EPA agenda may be tempered, depending on which party controls Congress.  If the Republicans control both houses of Congress, the Administration should expect unrelenting pushback, EPA budget cuts and spending restrictions and countless oversight hearings.  Even if the Democrats maintain control of the Senate, Republicans will likely retain a majority in the House and have demonstrated a willingness over the past two years to keep a close eye on the EPA.  There is no indication that will change. 
 
A Romney Administration:  If Mitt Romney is elected President, two things will likely happen in short order.  First, as past Administrations have done, President Obama’s EPA will try to get as many regulations out the door before the transfer of power.  Likely regulations to be pushed out include greenhouse gas New Source Performance Standards for power plants, National Ambient Quality Standards for particulate matter, and cooling water intake standards for power plants.  Second, as soon as Mitt Romney is sworn in as President, we should expect his chief of staff to send out a memorandum, like Andy Card did for President George W. Bush in January 2001, “freezing” all regulations and calling for an extensive review of rules followed by regulatory “rollback”.  Within a Romney EPA, we should also expect his Administrator to look for opportunities to delay, modify or abolish greenhouse gas rules for stationary sources, mercury air toxics, coal ash and new source performance standards targeting coal-fired utilities.  If history is a barometer of future actions, in a Romney Administration EPA will also shift its emphasis from issuing mandatory rules toward one of voluntary programs and regulatory streamlining.  A Romney Administration, through its allies in Congress may also have another tool at its disposal to overturn certain regulations.  The rarely used Congressional Review Act (CRA) may become a more potent tool in the legislative toolbox.  CRA requires only a simple majority of both Houses to overturn a final regulation along with a presidential signature.  With Mitt Romney as President, CRA becomes a more likely option, although it will still require 51 votes in the Senate which will not be easy to achieve if the Democrats retain a majority.  Senator Inhofe (R-OK) utilized the CRA earlier this year in an effort to overturn EPA regulations for mercury and air toxic emissions.  His resolution failed on a 46-53 vote.    
 
Either Outcome Means an Active Environmental Agenda:  The bottom line is that this election will have broad sweeping impacts in Washington, DC and beyond the Beltway.  If Barack Obama is re-elected president, we can expect an active EPA touting new environmental policies and a lengthy regulatory agenda to control emissions from fossil-fuel power plants and other industries.  There will likely also be a continued focus on aggressive enforcement, extensive permit conditions and exhaustive NEPA reviews.  If the Republicans retain the House majority, we should also expect his EPA Administrator to become a permanent fixture at Capitol Hill oversight hearings.  Additionally, state regulatory officials, local businesses and others may be asked to testify about the benefits of a streamlined regulatory process and greater flexibility for states to address environmental issues.  The Senate will conduct confirmation hearings for cabinet level and senior Executive Branch positions…If Mitt Romney is elected president, we should also expect an active EPA and environmental agenda. The difference is that in a Romney Administration, we can expect a new emphasis on voluntary compliance over mandatory regulations, and a serious effort administratively and with help from Capitol Hill Republicans, to delay and eliminate “unnecessary” and “burdensome” regulations now on the books or on the drawing-board. 
 
by Cliff L. Rothenstein, Michael W. Evans, Scott Aliferis, Cindy L. O'Malley.
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IMA-NA Advocacy
 
Batch 12 of the Government of Canada's Chemical Management Plan (CMP) Industry Challenge
You will recall that both quartz and cristobalite are part of a larger group of chemical substances that are being evaluated for toxicity under Canadian Environment Protection Act (CEPA).  Batch 12 substances went through a public comment process and IMA-NA), the National Industrial Sand Association (NISA), the International Diatomite Producers Association (IDPA) and the American Chemistry Council (ACC) filed comments on draft substance profiles and on a draft screening assessment for quartz and cristobalite.  The final screening assessment was to be released in July 2011.  It has yet to be released.  For several years IMA-NA has participated in the Industry Coordinating Group (ICG) for CEPA.  ICG members are concerned with the general pace of Health Canada and Environment Canada observing timelines under the CPM.  Consequently, it sent a letter to Minister Kent at Environment Canada encouraging their observance.  IMA-NA signed on the letter, as did ACC, which also is a member of the ICG.  In light of that communication, we decided to suggest to Health Canada that it break loose from Batch 12 those substances that are not causing the ministries to hold up release of the final screening assessment.  We understand that some substance(s) other than quartz or cristobalite might be the cause of the delay.  We continue to hope that release of a favorable screening assessment for quartz and cristobalite concluding that neither is CEPA-toxic will serve as a prominent decision in North American and international regulatory circles.
 
To read the consultant's letter, click here.
To read the ICG letter, click here.
 
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Just for Laughs!
 


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MSHA
 
MSHA Places Increased Emphasis on Miner Discrimination Complaints
MSHA Pres Release
MSHA filed 39 requests during fiscal year 2012, more than in any other year, with the Federal Mine Safety and Health Review Commission for temporary reinstatements on behalf of miners who submitted complaints of discrimination in the form of a suspension, layoff, discharge or other adverse action.  From October 2009 through September 2012, the department filed 79 temporary reinstatement requests – an average of 26 per year – compared to an average of seven per year from October 1993 to September 2009.  Additionally, the department filed a total of 84 discrimination complaints with the commission during the same period, compared to 28 during the three prior years combined.  According to Section 105(c) of the Federal Mine Safety and Health Act of 1977, a miner cannot be discharged, discriminated against or interfered with in the exercise of statutory rights because he or she has engaged in a protected activity such as filing a complaint alleging a health or safety violation, or refusing to work under unsafe or unhealthy conditions.
 
To read the MSHA press release, click here.
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FYI
 
IMA-NA Minerals OELs
IMA-NA has prepared a chart of the occupational exposure limits for all IMA-NA mineral substances.  Some of you may find this to be a helpful reference.  Included are the Occupational Safety and Health Administration (OSHA) Permissible Exposure Limits (PELs), the National Institute for Occupational Safety and Health (NIOSH) Recommended Exposure Limits (RELs) and the American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs).  The minerals included are Ball Clay, Barite, Bentonite, Borates, Calcium Carbonate, Diatomite, Feldspar, Industrial Sand, Kaolin, Magnesia, Mica, Soda Ash, Talc and Wollastonite.
 
Click here to download the chart.
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IMA-NA Events
 
Georgia Mining Association 2nd Annual Management Conference In Conjunction with IMA-NA
The Georgia Mining Association (GMA) and IMA-NA are co-sponsoring a Management Conference, January 22-24, 2013, in Savannah, Georgia.  In a time of economic uncertainty, leadership becomes more vital to the success of every organization.  It directly impacts the people side of things, and the ability to communicate effectively is paramount to gain success. Make sure to provide your staff with training that not only teaches practical concrete skills, but also helps reconnect their passion to improving outcomes.  A block of rooms has been reserved at the Hyatt Regency Savannah in Savannah, GA.  The rate is $127 for single occupancy plus tax. To reserve your room, please contact The Hyatt Regency Savannah at 1.888.421.1442 and mention that you are with GMA or click here.  The room block will be held until December 28, 2012.  After that date, room availability cannot be guaranteed.
 
Click here for more information, and to register.
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IMA-NA Events
 
WEBINAR: Four More Years or a New Sheriff in Town?
This webinar will address the aftermath of the presidential and congressional elections in terms of their  impact on mine and occupational safety and health regulations, legislation and enforcement policy.  Presenting will be Adele Abrams with the Law Office of Adele Abrams.   
 
Cost:  $29/member (per connection) 
$59/non-member (per connection) 
 
Note: This webinar will be recorded and distributed to all registrants (along with the .PPT) following the Webinar.
 
Date:
Tuesday, November 13, 2012
Time:
2:00 PM - 3:30 PM EST
 
Click here to register.
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Registration Now Open for the 2013 IMA-NA Technology Workshop
We are excited to announce the registration has opened for the 2013 IMA-NA Technology Workshop.  The 2013 IMA-NA Technology Workshop will be held at the Marriott Fort Lauderdale Coral Springs from March 4–6, 2013.  We have arranged a special rate of $122/night (all resort fees, wireless internet services, etc… are included in that rate).  To reserve your room, call 1.800.311.8018 (and mention the Industrial Minerals Association), or click here to make reservations online.  The room rate is good for 3 days before and 3 days after the meeting as well.  Many companies in the past have taken advantage of our multiple-attendee rate discount and held company meetings after the Workshop.  We have reserved a few rooms for your companies, please let us know ASAP if you’d like to use one of those rooms.  This hotel is also on a PGA golf course.  We have retained a special rate of $75 for greens fees and $50 for rentals.  If you are a golfer and would like to play, please take advantage of those special rates when making your tee times – just mention our conference. We will release an agenda with speakers shortly, but it is sure to include the latest in techniques companies are using to keep their employees safe, as well as the latest innovations on the operations and engineering side to help keep your plant running smoothly.  Please note we will be having a facility tour on Monday, March 4th, and the location will be announced soon.
 
To register, click here.
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IMA-NA Spring Meeting
Save the Dates
Mark your calendars for the IMA-NA Spring Meeting which will be held at the Hyatt Regency Washington on Capitol Hill, May 8-10, 2013.  Registration will open soon.
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Industrial Minerals Association - North America
2011 Pennsylvania Avenue, NW
Suite 301
Washington, DC 20006
(202) 457-0200
Fax (202) 457-0287