TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF ENERGY

Fast-Track Regulation

Title of Regulation: 4VAC25-40. Safety and Health Regulations for Mineral Mining (amending 4VAC25-40-670, 4VAC25-40-4060, 4VAC25-40-4230).

Statutory Authority: § 45.2-103 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 31, 2025.

Effective Date: January 15, 2026.

Agency Contact: Larry Corkey, Policy and Planning Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 692-3239, or email larry.corkey@energy.virginia.gov.

Basis: Section 45.2-103 of the Code of Virginia authorizes the Department of Energy to adopt regulations necessary or incidental to the performance of its duties or execution of its powers under Title 45.2 of the Code of Virginia or any other provision of law.

Purpose: These actions benefit public welfare by removing unnecessary documents incorporated by reference (DIBR) into the regulation. This action (i) improves clarity around mine safety regulation; (ii) removes redundancy in the regulatory catalog; (iii) provides a flexible, alternative pathway to protect the health, safety, and welfare of citizens and the regulated community through hands-on training incorporating up-to-date federal safety guidelines; and (iv) reflects current practice.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it (i) removes duplicative, redundant, or obsolete requirements and (ii) provides alternative methods of compliance.

Substance: The action removes the following outdated DIBRs: (i) National Fire Protection Association 10: Standard for Portable Fire Extinguishers; (ii) Bureau of Mines Instruction Guide 19, Mine Emergency Training; (iii) The American National Standard for Wire Rope for Miners; and (iv) Blasting Guidance Manual. In the case of Bureau of Mines Instruction Guide 19, Mine Emergency Training, a statement requiring training on emergency procedure replaces the incorporation, and for The American National Standard for Wire Rope for Miners, the statement "Nationally recognized standards" replaces the incorporation.

Issues: The primary advantage of this action is the removal of outdated and redundant regulations that are covered elsewhere in the chapter or are obsolete. The primary advantage for the agency or Commonwealth is improved clarity (i) through hands-on emergency training, (ii) around current mine safety and emergency trainings, (iii) around wire ropes and hoisting in mine operations, or (iv) around fire equipment safety in mine operations. There are no disadvantages to the Commonwealth.

Department of Planning and Budget Economic Impact Analyses:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove National Fire Protection Association 10: Standard for Portable Fire Extinguishers, 2013 edition (Standard for Portable Fire Extinguishers) from the list of Documents Incorporated by Reference (DIBR) and amend Section 670 of the regulation (Fire extinguishers).

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition (Bureau of Mines Instruction Guide 19) from the list of Documents Incorporated by Reference (DIBR) and amend Section 4060 of the regulation (Mine emergency and self-rescue training).

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove The American National Standard for Wire Rope for Miners, M11.11980, published by the American National Standards Institute (American National Standard for Wire Rope for Miners) from the list of Documents Incorporated by Reference (DIBR) and amend Section 4230 of the regulation (Standards for wire ropes).

Summary of the Proposed Amendments to Regulation. The Department of Energy (NRG) proposes to remove Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition (Blasting Guidance Manual) from the list of Documents Incorporated by Reference (DIBR).

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the Standard for Portable Fire Extinguishers. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). 4VAC25-40-670 C currently states that All fire extinguishers required by this chapter shall meet the current standards established by the National Fire Prevention Association. In addition to removing the Standard for Portable Fire Extinguishers from the list of DIBR, NRG proposes to eliminate 4VAC25-40-670 C. NRG states that 4VAC25-40-610 (Fire equipment) adequately addresses fire extinguishers. 4VAC25-40-610 in its entirety is as follows: Equipment and devices used for detection, warning, and extinguishing of fires shall be: 1. Suitable for the type of fire hazard that may be encountered; 2. Maintained in fire-ready condition as specified by manufacturer; 3. Strategically located, readily accessible, and plainly identified; 4. Of the type, size, and quantity that can extinguish fires of any class that may occur at the mine; and 5. Inspected at least monthly to ensure fire-ready condition.

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the Bureau of Mines Instruction Guide 19. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). 4VAC25-40-4060 A currently states that On an annual basis all persons who are required to go underground shall be instructed in applicable sections of the Bureau of Mines Instruction Guide 19, Mine Emergency Training. In addition to removing Bureau of Mines Instruction Guide 19 from the list of DIBR, NRG proposes to amend 4VAC25-40-4060 A to On an annual basis all persons who are required to go underground shall receive applicable mine emergency training. Training shall include instruction on emergency procedures at the mine and mine emergency recognition.

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the American National Standard for Wire Rope for Miners. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). 4VAC25-40-4230 currently states that The American National Standard for Wire Rope for Miners shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations cited herein are more stringent. In addition to removing the American National Standard for Wire Rope for Miners from the list of DIBR, NRG proposes to amend 4VAC25-40-4230 to say, Nationally recognized standards shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations cited herein are more stringent.

Background. This regulation sets out requirements for general safety at surface and underground mineral mines. In addition to the main regulatory text, the regulation includes several DIBRs, including the Blasting Guidance Manual. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). Prior to 2018, the text of the regulation contained a requirement that ground vibration levels and airblast levels were to be taken from the Blasting Guidance Manual. This textual requirement was removed in 2018, but the Blasting Guidance Manual was not removed from the DIBR list. The department now proposes to remove the Blasting Guidance Manual from the list.

Estimated Benefits and Costs. NRG does not believe that the amendments would affect requirements in practice. Thus, there would be no substantive impact.

Estimated Benefits and Costs. The American National Standard for Wire Rope for Miners are American National Standard Institute (ANSI) standards. According to NRG, the proposed text would require compliance with a choice of different national recognized standards, which includes ANSI, Mine Safety and Health Administration standards, Occupational Safety and Health Administration standards, and manufacturers specifications. The agency believes following any of the national recognized standards would ensure safety. NRG does not believe that the increased choice of standards to follow would result in substantive cost savings for mineral mining operators.

Estimated Benefits and Costs. Removing the Blasting Guidance Manual from the DIBR list would have no impact beyond reducing the likelihood that readers of the regulation would be misled into believing the document was relevant for requirements.

Businesses and Other Entities Affected. The regulation pertains to the 432 mineral mining operations across the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ As the proposed amendments neither increase net costs nor reduce net benefits, no adverse impact is indicated.

Businesses and Other Entities Affected. The proposed amendment could affect readers of the regulation. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ As the proposed amendment neither increases net costs nor reduces net benefits, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither disproportionately affect particular localities nor introduce costs for local governments. However, the proposed amendments of 4VAC25-404230 particularly affect localities with a greater amount of mineral mining. According to NRG, 91% of Virginia's counties have mineral mines. Costs for local governments are not affected.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

Effects on the Use and Value of Private Property. The proposed amendments (in 8505) would not substantively affect the value of private property. The proposed amendments do not substantively affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Economic Impact Analysis: The Virginia Department of Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The action removes (i) an outdated document incorporated by reference (DIBR), National Fire Protection Association 10: Standard for Portable Fire Extinguishers, which is covered by Fire equipment (4VAC25-40-610), in order to remove redundancy while ensuring continued safety compliance and clear regulations regarding fire equipment; (ii) Bureau of Mines Instruction Guide 19 and replaces a reference to the document with a provision that training for those required to go underground must provide instruction on emergency procedures at the mine and mine emergency recognition; (iii) The American National Standard for Wire Rope for Miners and replaces a reference to the document with a requirement that nationally recognized standards be used in the selection, installation, and maintenance of wire ropes used for hoisting; and (iv) Blasting Guidance Manual, which is no longer referenced in the regulation.

4VAC25-40-670. Fire extinguishers.

A. Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

B. Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.

C. All fire extinguishers required by this chapter shall meet the current standards established by the National Fire Prevention Association.

4VAC25-40-4060. Mine emergency and self-rescue training.

A. On an annual basis, all persons who are required to go underground shall be instructed in applicable sections of the Bureau of Mines Instruction Guide 19, Mine Emergency Training receive applicable mine emergency training. Training shall include instruction on emergency procedures at the mine and mine emergency recognition.

B. On an annual basis, all persons who are required to go underground shall be instructed in the use of the individual self-rescue device provided to them. The instruction shall be given by a competent person using a training model of the same type as the self-rescue device provided to the employee.

4VAC25-40-4230. Standards for wire ropes.

The American National Standard for Wire Rope for Miners Nationally recognized standards shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations cited herein of this chapter are more stringent.

DOCUMENTS INCORPORATED BY REFERENCE (4VAC25-40)

1996 Threshold Limit Values and Biological Exposure Indices published by the American Conference of Governmental Industrial Hygienists

American Table of Distances, 1991 edition, published by the Institute of Makers of Explosives

National Fire Protection Association 10: Standard for Portable Fire Extinguishers, 2013 edition

Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition

Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition

The American National Standard for Wire Rope for Miners, M11.11980, published by the American National Standards Institute