Title of Regulation: 4VAC25-35. Certification Requirements for Mineral Miners (amending 4VAC25-35-110).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 7, 2016.

Effective Date: September 22, 2016.

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 of the Code of Virginia allows the Department of Mines, Minerals and Energy (DMME) to require certification of persons who work in mineral mines and to promulgate regulations necessary to the certification process.

Purpose: The purpose of this regulation is to allow coal miners and mine inspectors to easily transition to other areas of the mining industry. Promoting economic development is one of the core functions of DMME, and increasing the number of certified mineral mine inspectors could help support the mineral mine industry and thus the welfare of the Commonwealth's citizens. Other existing regulations serve to protect public health and safety.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is noncontroversial because it removes unnecessary and duplicative barriers to certification. The training needed to properly inspect a coal mine is virtually identical to the training needed to safely inspect a mineral mine site. This regulatory action would give coal mine inspectors the opportunity to seamlessly obtain DMME certification.

Substance: The only substantive change in this regulation allows for coal mine inspectors with a valid certification to obtain mineral mine inspector certification without going through training they have already received.

Issues: The primary advantages to the Commonwealth are removing unnecessary and duplicative barriers to certification and allowing for employees in a depressed industry to more smoothly transition to another industry. There are no known disadvantages. The primary advantages to the welfare of the citizens of the Commonwealth are removing unnecessary and duplicative barriers to certification and allowing for employees in a depressed industry to more smoothly transition to another industry. There are no known disadvantages to public health, safety, and welfare.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of Mines, Minerals and Energy proposes to amend this regulation to specify that applicants who already possess a valid coal mine inspector certification will be deemed to also have met the requirements for mineral mine inspector certification.

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

Estimated Economic Impact. Under the current regulation all applicants for mineral mine inspector certification must pass an examination demonstrating knowledge and competence in the various systems of working and ventilating underground mineral mines and working surface mineral mines, the control of mine roof and ground control, methods of rescue and recovery in mining operations, application of electricity and mechanical loading in mining operations, equipment and explosives used in mining; and mine haulage. The proposed amendment to specify that applicants who already possess a valid coal mine inspector certification will be deemed to also have met the requirements for mineral mine inspector certification will enable certified coal mine inspectors to become certified mineral mine inspectors without taking this examination.

According to the Department of Mines, Minerals and Energy (DMME), the knowledge and competence needed to properly inspect a coal mine is virtually identical to that needed to safely inspect a mineral mine site. Coal mine inspector certification, among other requirements, does require the passing of an examination. Thus the proposal will save certified coal mine inspectors who wish to become certified mineral mine inspectors the time involved for preparing and taking an additional examination (and a $10 fee), without putting the public at risk of having inspectors who have not demonstrated the necessary knowledge and competence needed to properly inspect mineral mines. Therefore the proposed amendment creates a net benefit.

Businesses and Entities Affected. The proposed amendment potentially affects the 34 certified coal mine inspectors in the Commonwealth in that their costs of becoming certified mineral mine inspectors is reduced. Mineral mine inspectors work for DMME; thus the proposal does not directly affect businesses.  Lowering the cost of having mineral mine inspectors available may help speed approvals of mineral mine activity by DMME. Therefore indirectly the proposal may also benefit mineral mine firms. There are 444 existing mineral mine permits in Virginia; approximately 150 of those are held by small businesses.¹

Localities Particularly Affected. The proposed amendment could potentially affect all localities in the Commonwealth that have mineral mines. According to DMME, 91% of Virginia’s counties have mineral mines.

Projected Impact on Employment. The proposed amendment would reduce the cost for certified coal mine inspectors to gain employment as mineral mine inspectors, but would not likely significantly affect total employment.

Effects on the Use and Value of Private Property. The proposed amendment does not directly affect the use and value of private property.

Real Estate Development Costs. The proposed amendment lowers the cost of having mineral mine inspectors available, and thus may help speed approvals of mineral mine activity. This may moderately reduce the cost of developing mineral mines.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

Costs and Other Effects. The proposed amendment does not increase costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendment does not adversely affect businesses.

Localities. The proposed amendment does not adversely affect localities.

Other Entities. The proposed amendment does not adversely affect other entities.

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¹Data source: Department of Mines, Minerals and Energy

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 specifies that an applicant who possesses a valid coal mine inspector certification is deemed to have met the requirements for mineral mine inspector certification.

4VAC25-35-110. Mine inspector.

In addition to the requirements set forth in § 45.1-161.292:11 of the Code of Virginia, mine inspector applicants shall demonstrate knowledge and competence in those areas specified in § 45.1-161.292:12 of the Code of Virginia through the examination process. A certificate will not be issued until an applicant is employed by the department. Applicants who already possess a valid coal mine inspector certification pursuant to 4VAC25-20-180 shall be deemed to have met the requirements of this section.