Title of Regulation: 4VAC25-35. Certification Requirements for Mineral Miners (amending 4VAC25-35-75).

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 11, 2013.

Effective Date: September 26, 2013.

Agency Contact: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

Basis: Section 45.1-161.292:19 A of the Code of Virginia directs the Department of Mines, Minerals and Energy (DMME) to issue certifications for mineral miners to ensure the health and safety of persons and property associated with mineral mining. Section 45.1-161.292:19 C of the Code of Virginia grants DMME the authority to promulgate regulations necessary or incidental to the performance of its duties.

Purpose: The purpose of this action is to reduce regulatory burden on mineral mine operators in the Commonwealth and to maintain consistency across the administrative code. "Preshift inspections" is a term of art in the mining industry. The current language requires a mandatory inspection of the work area prior to the beginning of the work shift. The term is overly burdensome, and it is not used anywhere else in the Virginia Administrative Code. The amended language reflects a more appropriate, consistent standard.

Rationale for Using Fast-Track Process: This rulemaking is expected to be noncontroversial as the only amendment serves to reduce regulatory burden and to ensure consistency.

Substance: The term "preshift inspections" is changed to "examinations" in this action. Preshift inspections is a term of art and is overly rigid in this particular context. The proposed change would maintain consistency across other sections of the administrative code such as 4VAC25-35-75 A and 4VAC25-40-130.

Issues: The advantages of this action would be reduced regulatory burden and increased consistency. There are no disadvantages.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The current regulations state that The surface foreman shall oversee any preshift inspections of the plant that are performed by a cement plant examiner. The Department of Mines, Minerals and Energy (DMME) proposes to replace preshift inspections with examinations in that sentence.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Preshift inspections is a term of art that DMME believes is overly rigid in this particular context. The proposed change in language will make the requirement consistent with other sections of the administrative code such as 4VAC25-35-75 A and 4VAC25-40-130. The amendment will create a small savings in staff time and will not adversely affect safety. Thus, the proposed change creates a net benefit.

Businesses and Entities Affected. The one firm located in the Commonwealth that has a permitted mine site with a cement processing facility is affected by the proposed amendment. This firm is not a small business.

Localities Particularly Affected. The one firm affected by the proposed amendment is in Botetourt County.

Projected Impact on Employment. The proposed amendment does not affect employment.

Effects on the Use and Value of Private Property. The proposed amendment will create a small savings in staff time for the affected firm.

Small Businesses: Costs and Other Effects. The proposed amendment does not affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment does not affect small businesses.

Real Estate Development Costs. The proposed amendment does not affect real estate development costs.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Department of Mines, Minerals and Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The amendment changes the term used to describe a surface foreman oversight requirement of an inspection of the plant performed by a cement plant examiner from "preshift inspections" to "examinations."

4VAC25-35-75. Cement plant examiner.

A. Competent persons who are certified as a general mineral miner and who possess at least one year experience working at a cement plant may assist the surface foreman in performing examinations of active work areas of cement plants at the beginning of each shift.

B. The surface foreman shall oversee any preshift inspections examinations of the plant that are performed by a cement plant examiner.

C. Cement plant examiners shall be trained in the safety and health aspects of the plant area they may examine and be trained in the procedures for work place examination and recordkeeping. The operator shall maintain records of the training as required in 4VAC25-40-100.