SB 626
COAL MINING
By Del. Jason Harshbarger
SENATE: 33-0 HOUSE: 93-4
With the passage of Senate Bill (SB) 626, certain plans in
West Virginia’s mining safety program will now be approved
by the federal Mine Safety and Health Administration (MSHA)
instead of the state agency. SB 626, referred to as Relating Gen-
erally to Coal Mining, also adds additional safety requirements.
SB 626 was supported by the West Virginia Coal Associa-
tion, which stated the bill allows a more streamlined process
for coal mining operations and adds additional safety protocols.
The bill came with some opposition from organizations saying
it was fast-tracked and weakened the public notice process for
surface mine permits.
Many House and Senate members were supportive of the bill,
which reduced redundancies and overlap of governing agen-
cies. Due to concerns from the West Virginia Rivers Coalition,
an amendment was adopted in the House’s energy committee
to ensure the notifications required by law would continue to
appear in a newspaper of general circulation in the locality of
the proposed permit area, provided it could be done electron-
ically with the newspaper in lieu of actual print.
Revisions to other environmental sections included removing
restrictions that applied only to the state certification of coal
mining projects that require Clean Water Act dredge and fill
permits from the U.S. Army Corps of Engineers. Going for-
ward, coal mines will operate under the same rules as any
other earth-moving project such as highway construction or
natural gas development.
In order to eliminate confusion between federal and state
regulations and policies, one MSHA-approved plan may now
be submitted to the director in lieu of separate state-approved
plans for ventilation, seals, roof control, belt air, self-contained
self-rescuer storage, tracking and communication and emer-
gency shelters. This will also eliminate the need for having
multiple plans in place to meet both agencies’ requirements.
Another section of the bill deals with revisions to the use of
underground diesel generators. It permits mine operators to
replace a filter or catalyst of the same make and model with-
out contacting the Office of Miners’ Health, Safety and Train-
ing. It also permits the use of diesel generators in underground
mines as long as the generator is vented directly to the return.
At least one person must be present within sight and sound of
the generator provided so that all current state rules and stat-
utes relating to the use of diesel-powered equipment and elec-
tricity generation remain in force. The bill also provides align-
ment with MSHA requirements for diesel generator training,
again reducing redundant state requirements.
Governor Jim Justice signed the bill into law on March 27,
2018, and it will be effective on June 6, 2018. The West Vir-
ginia Coal Association saw this bill as a way of successfully
reducing duplicative plans and adding safety measures to pro-
tect Mountain State coal miners.
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SPRING 2018
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