Feds Approve West Virginia's Coal Mining Rule Tweaks
Published Date: 12/3/2025
Rule
Summary
The Office of Surface Mining gave West Virginia’s coal mining rules a thumbs-up with some tweaks! They approved most changes, gave a cautious nod to a few, and said no to one. These updates kick in January 2, 2026, affecting coal miners and regulators, keeping mining safer and cleaner without extra costs.
Analyzed Economic Effects
10 provisions identified: 1 benefits, 7 costs, 2 mixed.
Master land use plans tied to reclamation permits
Operators must include master land use plans (developed by the county or designated authority and reviewed by OCCD) as part of surface mine reclamation plans and permit applications, and OCCD must review plans within 3 months (changes to W.Va. Code 5B-2A-9 and W.Va. Code 22-3-10). OSMRE approved these revisions.
State can suspend or revoke signers' approvals
West Virginia added CSR 38-2-3.15.e authorizing the WVDEP Secretary to suspend or revoke a person's "approved person" status for reasons like fraud or negligence. OSMRE approved this provision.
IBR use for abating incidents allowed (with limits)
West Virginia deleted a prohibition on using incidental boundary revisions (IBRs) to abate violations; OSMRE approved the deletion with the explicit understanding that IBRs cannot be used primarily to increase the area from which coal may be removed. This follows CSR 38-2-3.29.a.
Proposal to enlarge IBR acreage for surface operations denied
West Virginia proposed allowing larger IBR acreage (and applying underground-IBR waivers to surface operations such as loadouts and coal preparation), but OSMRE found those changes inconsistent with Federal law and did not approve them (CSR 38-2-3.29.b.2).
Per-ton coal tax consolidated under SB 600
SB 600 consolidated the prior "7-and-7.4" cents-per-ton levies into a single 14.4 cent tax per ton of clean coal mined, with that consolidated tax to be reviewable every 2 years by the West Virginia Legislature. OSMRE described and approved revisions implementing SB 600 (submission dated May 22, 2009).
Bio‑fuel cropland allowed with conditions
West Virginia replaced the term "bio-oil" with the broader term "bio-fuel" for cropland postmining land use (CSR 38-2-7.8) and OSMRE approved this change, but WVDEP will not authorize bio-fuel cropland for sites requesting a mountaintop AOC variance unless the reclamation plans include a financial commitment to build a bio-fuel plant.
Annual written approval for permit signers
If you prepare, sign, or certify mining permit applications in West Virginia, the State now requires that your status as an "approved person" be given in writing and be renewed every year. The rule change is part of CSR 38-2-3.15 and was approved by OSMRE.
Digital signature requirement for permit signers
West Virginia requires approved persons who prepare permit documents to use a digital signature and to be able to submit documents bearing digital signatures (CSR 38-2-3.15.b.3). OSMRE approved this change.
Right to notice and hearing after disciplinary action
If the WVDEP Secretary takes action against an approved person (such as suspension or revocation), the person will receive notice and may request a hearing to challenge the decision under new CSR 38-2-3.15.f. OSMRE approved this change.
Significant IBRs must get public notice and proof
West Virginia will classify some IBRs as "significant" and make them subject to public notice requirements (CSR 38-2-3.29.e.1) and OSMRE approved this with the understanding that proof of publication will be required consistent with 30 CFR 778.21.
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