2180 Noncoal underground mines and other excavations

ENVIRONMENTAL
QUALITY BOARD

[25 PA. CODE CH. 207]

Noncoal Underground Mines and Other Excavations

[31 Pa.B. 6672]

   The Environmental Quality Board (Board) proposes to amend Chapter 207 (relating to noncoal mines). The proposed amendments will delete the current regulations addressing the use of explosives at noncoal mines and add regulations addressing safety at underground noncoal mines and mined-out underground noncoal mines housing other businesses. This proposal was adopted by the Board at its meeting of October 16, 2001.

A.  Effective Date

   These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.

B.  Contact Persons

   For further information contact Paul Hummel, Chief, Anthracite and Industrial Minerals Mine Safety Division, Bureau of Deep Mine Safety, 5 West Laurel Blvd., Pottsville, PA 17901, [phone]; or Marc A. Roda, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, [phone]. Information regarding submitting comments on this proposal appears in Section I of this Preamble. Persons with a disability may use the AT&T Relay service by calling [phone] (TDD users) or [phone] (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) website (http://www.dep.state.pa.us).

C.  Statutory Authority

   The proposed rulemaking is being made under the authority of sections 2(f) and 12 of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. §§ 25-2(f) and 25-12) (act), and Reorganization Plan No. 2 of 1975 (71 P. S. § 751-22). Section 2(f) of the act requires inter alia all pits, quarries and mines other than coal mines to be operated and conducted to provide adequate protection to workers. This proposed rulemaking is also authorized by sections 1917-A and 1920-A(b) of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20(b)), which authorize the Board to adopt regulations to prevent the occurrence of a nuisance and to formulate, adopt and promulgate regulations necessary for the Department to perform its work.

D.  Background and Purpose

   The purpose of this proposed rulemaking is to revise Chapter 207 by deleting and reserving the existing regulations and by adding regulations addressing safety at noncoal underground mines. The provisions to be deleted are outdated regulations addressing the use of explosives at noncoal mines. The use of explosives at noncoal surface mines is completely addressed by regulations found in Chapters 77 and 211 (relating to noncoal mining; and storage, handling and use of explosives). The proposed amendments address safety in underground noncoal mines (including the use of explosives) and in mined-out underground noncoal mines used to house other businesses. The proposed amendments will modernize, clarify and recodify regulations within the Department's authority to enforce.

   Since 1975, the Department has regulated noncoal mines and mined-out noncoal underground mines used for other businesses to ensure the safety of persons at these facilities. The authority and duty to maintain these programs is established by section 2(f) of the act (concerning safety at pits, quarries, underground mines other than coal mines, trenches and similar operations). To carry out these programs, the Department has been using the regulations found in 34 Pa. Code Chapter 33 (relating to mines and other excavations) promulgated by the Department of Labor and Industry (L&I). L&I was the agency responsible for enforcing section 2(f) of the act prior to 1975.

   The proposed amendments do not recodify the L&I regulations addressing safety in active noncoal underground mines. The L&I regulations are out-of-date and redundant in light of more recent Federal regulations. As an alternative, the Board proposes to incorporate by reference the United States Department of Labor, Mine Safety and Health Administration's (MSHA) regulations addressing safety in metal and nonmetal underground mines. Currently, noncoal underground mines in this Commonwealth must comply with both the MSHA and the Department's regulations. By using the MSHA regulations, rather than maintaining two sets of standards, safety at noncoal underground mines will be enhanced and there will be a reduction in the operator's regulatory obligations. The MSHA regulations provide a fairly complete regulatory scheme. However, there are three issues not addressed by the MSHA regulations, which are included in this proposed rulemaking.

   First, a person working as a mine foreman will be responsible for ensuring that the day-to-day operation of the mine is performed in a manner which protects worker safety and complies with the regulations. Also, the foreman must demonstrate the competency to meet this obligation by obtaining a certificate of qualification from the Department. Making the foreman responsible for safety and compliance with the regulations recodifies requirements in the L&I regulations. Requiring the mine foreman to obtain a certificate of qualification merely codifies current practice. Similar requirements are applicable to foremen for underground coal mines.

   Second, the proposed amendments will continue the current requirement that surface explosive storage magazines must be licensed in accordance with the requirements of Chapter 211. The risks associated with storing explosives are significant enough to warrant retaining this minimal licensing requirement.

   Finally, due to the ultra-hazardous nature of storing, using and handling explosives, the proposed amendments will retain the requirement that the person responsible for the blasting activity be licensed by the Department.

   The proposed amendments will recodify the L&I regulations addressing safety in mined-out noncoal underground mines used to house an ongoing business. Most of the changes from the L&I regulations are for clarity and simplicity, not for the purpose of changing substantive standards.

   The proposed amendments do not separately address safety while constructing storage caverns. In the Department's experience, safety for persons either constructing or working in storage caverns is better addressed by the proposed amendments addressing noncoal underground mines and mined-out noncoal underground mines used to house other businesses.

   This proposed rulemaking will affect 13 underground noncoal mining operations employing approximately 350 persons and 17 mined-out underground noncoal mines housing other businesses that employ approximately 700 persons.

   The Department discussed the proposed amendments with the underground industrial mineral mining roundtable. This group, which is open to representatives from the underground industrial mineral mining industry, reviewed in detail the proposed amendments for underground noncoal mines. This group is in favor of incorporating by reference the MSHA regulations rather than promulgating a separate, potentially conflicting, set of requirements.

E.  Summary of Regulatory Requirements

   1.  Subchapter A (relating to general).

   Subchapter A sets forth the chapter's general requirements. Section 207.101 (relating to scope) defines the applicability of the chapter to underground noncoal mines and mined-out underground noncoal mines used to house other businesses. Section 207.102 (relating to definitions) defines terms applicable to more than one subchapter. These terms are ''developed facility,'' ''mined-out,'' ''noncoal underground mine'' and ''person.'' A developed facility is a portion of a mined-out noncoal underground mine being or to be used as part of a business. This proposed definition combines the original L&I definitions for ''developed facility'' and ''undeveloped facility.'' The proposed amendment has been made for simplicity and clarity. ''Mined-out'' is still defined as those portions of an underground noncoal mine where mining is completed for any reason. A noncoal underground mine is defined broadly to include both the underground workings and the related surface support facilities. This definition is based on the MSHA definition for an underground mine. The MSHA definition was used to ensure that the regulations applicable to noncoal underground mines will have the same scope as the MSHA regulations for metal and nonmetal mines. Finally, ''person'' is defined broadly to include natural persons and legal entities.

   Section 207.103 (relating to responsible party) makes the entity that owns or operates the facility responsible for ensuring that the facility is in compliance with the regulations. This is a change from the L&I regulations (see 34 Pa. Code § 33.162(b) (relating to scope)) which also makes the employee responsible for complying with the implementing regulations.

   Finally the Department's administrative enforcement authority is spelled out in § 207.104 (relating to enforcement). The Department has the authority to issue orders to ensure compliance with section 2(f) of the act, the authorizing legislation, as well as these implementing regulations. In addition, the Department can revoke any certificates of qualification or approvals issued under these implementing regulations. This regulation is authorized by and clarifies the Department's inherent authority to issue compliance orders to enforce section 2(f) of the act. See Department of Environmental Resources v. Butler County Mushroom Farm, 454 A.2d 1 (Pa. 1982).

   2.  Subchapter B (relating to noncoal underground mines).

   Subchapter B applies to noncoal underground mines in this Commonwealth. Section 207.202 (relating to definitions) defines MSHA as the United States Department of Labor, Mine Safety and Health Administration. Also, the L&I definition for ''magazine'' is retained. A magazine is a structure used for storing explosives.

   Section 207.211(a) (relating to safety requirements) incorporates by reference the MSHA safety and health standards in 30 CFR Part 57 (relating to Safety and Health Standards--underground metal and nonmetal mines). Future changes to the MSHA regulations will be immediately incorporated by reference. Subsection (b) incorporates by reference mine-specific alternative safety or health standards accepted by MSHA. Subsection (c) requires the owner or operator of a noncoal underground mine to submit to the Department a copy of the materials submitted to MSHA. The Department will utilize the applicable MSHA policies and guidance materials to ensure that the Department's interpretation of these incorporated MSHA regulations is consistent with MSHA's interpretation.

   Section 207.211(d) requires that surface explosives magazines at noncoal underground mines must be licensed in accordance with Chapter 211. This cross reference to the Department's blasting regulations is not a new requirement. The Department's blasting regulations have always required the licensing of surface explosives magazines, including surface magazines at coal and noncoal underground mines. In the Department's experience, the risks associated with storing explosives are significant enough to warrant retaining this minimal licensing requirement. The license will ensure that the explosives magazine is sited, constructed and maintained in accordance with the applicable regulations. This licensing requirement will not impose on noncoal mine operators' substantive requirements different from those established by the MSHA regulations. The MSHA regulations cross-reference the United States Department of the Treasury, Bureau of Alcohol, Tobacco and Fire Arms regulations for storing explosives. The Board has amended Chapter 211 to incorporate by reference the same Federal regulations. See 31 Pa.B. 3751 (July 14, 2001).

   Section 207.212 (relating to employment of foreman) retains the L&I requirement that the mine operator shall employ a mine foreman who will be responsible for ensuring the safety of underground workers and for ensuring that the mining operation complies with the Commonwealth's mine safety laws and regulations. The proposed amendments will now require the mine foreman to possess a certificate of qualification from the Department. Sections 207.213--207.215 describe the duties of the foreman, the certificate of qualification application requirements and the standards for issuing certificates of qualification. To obtain the certificate of qualification, the applicant must demonstrate, by means of a written examination, the ability to ensure the safety of the underground employees. Under § 207.216 (relating to examining committee), this examination will be prepared and scored by a committee consisting of a mine foreman and a Department representative.

   Requiring noncoal underground mines to employ a foreman who is responsible for the underground employees' safety, compliance with the mining laws and who must possess a certificate of qualification from the Department is consistent with requirements applicable to coal underground mine foremen. See section 201 of the Pennsylvania Anthracite Coal Mine Act (52 P. S. § 70-201) and section 206 of the Pennsylvania Bituminous Coal Mine Act (52 P. S. § 701-206).

   Requiring the mine foreman to possess a certificate of qualification codifies current practice. Noncoal underground mines employ a mine foreman who has the day-to-day responsibility for the underground mine's operation. A critical part of this responsibility is ensuring compliance with applicable State and Federal laws and regulations. As a service to the mining industry, the Department has maintained a voluntary program for certifying the competency of persons to be mine foremen. Noncoal underground mines employ as mine foremen persons possessing a Department certificate of qualification.

   Finally, proposed § 207.217 (relating to blasting activity) retains the requirement that the storage, handling and use of explosives be supervised by a person licensed as a blaster by the Department. The use of explosives is an ultra-hazardous activity. Given the potential risk of injury to persons and damage to property, it is essential that the Department continues to ensure the competency of persons who are responsible for explosives.

   3.  Subchapter C (relating to mined-out areas).

   This subchapter specifies the standards for protecting the health and safety of persons working in mined-out noncoal underground mines used to house other businesses. The following summary identifies those few instances where there is a substantive change from the L&I regulations.

   Section 207.302 (relating to definitions) retains the L&I definitions for ''outside air'' and ''pure air.'' Outside air is air from aboveground. Pure air is air containing at least 19.5% oxygen, no more than .5% carbon dioxide and no harmful levels of other gases or particulates.

   Under § 207.303 (relating to approvals), persons are only allowed to work in portions of developed facilities approved by the Department. Also, the developed facility must be constructed and maintained in accordance with the requirements of this subchapter.

   Sections 207.311--207.319 are performance specifications. Section 207.311 (relating to roof areas) requires that normal roof control measures be employed in a developed facility. Section 207.312 (relating to lighting) requires the developed facility to be equipped with permanent and emergency lighting systems. In determining the adequacy of emergency and permanent lighting systems, the Department will utilize the analogous MSHA standards for lighting systems in underground metal and nonmetal mines. Section 207.313 (relating to entrances and exits) requires each area of the developed facility to be connected to the surface by two passageways. Section 207.314 (relating to ventilation) requires the developed facility to be ventilated with an adequate quantity of outside air. At a minimum, an adequate amount of pure air is 20 cubic feet per person per second. If necessary, mechanical ventilation methods (that is, fans) shall be used. These mechanical means of ventilation must be approved by the Department. Section 207.315 (relating to closing underground sections) requires that noncombustible material shall be used to permanently seal off or enclose any portion of a developed facility.

   Section 207.316 (relating to inspections) specifies the owner's/operator's obligation to inspect a developed facility. Ceilings, roof supports, walls, entrances and doorways shall be inspected monthly. Emergency and personal lighting systems shall be inspected biweekly. The ventilation system shall be inspected weekly. All discovered defects shall be corrected. Section 207.317 (relating to record of inspection) requires a log recording the results of the inspection and subsequent corrective actions. Orders issued by the Department to correct a condition shall be added to the log.

   Section 207.318 (relating to storage of flammable liquids) prohibits storing more than 5 gallons of flammable liquid in a developed facility, unless otherwise approved by the Department. The flammable liquid is to be stored in a safety container. It is the Board's opinion that safety containers approved by MSHA for storing flammable liquids in underground metal and nonmetal mines are acceptable under this section. Unlike the L&I regulations, the Department is expressly authorized to allow flammable liquids to be stored in something other than a safety container. The proposed regulation addresses those storage caverns used to store vehicles. In this instance, gasoline is left in the vehicles' tanks.

   Section 207.319 (relating to check-in/check-out system) requires the owner/operator of a developed facility to maintain a check-in/check-out system for tracking who is in the developed facility. The L&I regulations did not require a check-in/check-out system. Nonetheless, this is not a new requirement. The proposed regulation merely codifies what the Department established through case-by-case adjudication in 1980. See Butler County Mushroom Farms, Id. In Butler County Mushroom Farms, the Supreme Court upheld the Department's authority under section 2(f) of the act to require mushroom farms, which are located in mined-out noncoal underground mines, to establish a check-in/check-out system.

F.  Benefits, Costs and Compliance

   Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.

Benefits

   The benefits, albeit unquantifiable, are those that result from having regulations modernized, clarified and simplified. For persons working at these facilities, the benefit will be fewer accidents and injuries. This will result because the safety standards contained in the regulations will be more effectively implemented. The greatest impact will be on the 350 workers at underground noncoal mines where the proposed regulations will eliminate duplicative and out-of-date requirements. For the regulated community, the benefit will be greater certainty in implementing the regulations. The operators will no longer be confronted with having to implement two different sets of standards.

Compliance Costs

   The compliance costs for the underground noncoal mine operators should be reduced. Replacing the L&I regulations with the MSHA regulations eliminates duplicative reporting requirements. Under this proposal the operator only has to submit to the Department a copy of the materials required by MSHA. There will be no change in the compliance costs faced by mined-out underground mines housing other businesses. The proposal does not affect either substantive or reporting requirements.

Compliance Assistance

   The Department is not planning to initiate a new compliance assistance program to assist with the implementation of this proposal. This proposal is not imposing new requirements; they either incorporates by reference existing Federal requirements or recodifies existing L&I requirements. The Department will continue its practice of meeting with owner/operators of noncoal underground mines and developed facilities to ensure compliance with these regulations.

Paperwork Requirements

   The paperwork requirements applicable to the noncoal underground mining industry will be reduced. The duplicative paperwork requirements established by the L&I regulations are being eliminated. The operator will only have to maintain the MSHA record or submit to the Department a copy of the materials submitted to MSHA. For mined-out noncoal underground mines housing other businesses, there is no change in the existing minimal paperwork requirements.

G.  Sunset Review

   The proposed regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 27, 2001, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of objections raised.

I.  Public Comments

   Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by February 6, 2002. Interested persons may also submit a summary of the comments to the Board. The summary may not exceed one page in length and must also be received by February 6, 2002. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.

   Electronic Comments--Comments may be submitted electronically to the Board at [e-mail] and must also be received by the Board by February 6, 2002. A subject heading of the proposal and a return name and address must be included in each transmission.

DAVID E. HESS,   
Chairperson

   Fiscal Note:  7-357. No fiscal impact; (8) recommends adoption.

   (Editor's Note:  As part of this proposal, the Board is proposing to delete the existing text of Chapter 207, which currently appears at Pennsylvania Code pages 207-1 through 207-12, serial numbers (234645) to (234656). The following text is new and is printed in regular type to enhance readability.)

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

PART I.  DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart D.  ENVIRONMENTAL HEALTH AND SAFETY

ARTICLE IV.  OCCUPATIONAL HEALTH AND SAFETY

CHAPTER 207.  NONCOAL UNDERGROUND MINES

Subch.

A.	GENERAL
B.	NONCOAL UNDERGROUND MINES
C.	MINED-OUT AREAS

Subchapter A. GENERAL

Sec.

207.1.	(Reserved).
207.2.	(Reserved).
207.11--207.22.	(Reserved).
207.31--207.46.	(Reserved).
207.101.	Scope.
207.102.	Definitions.
207.103.	Responsible party.
207.104.	Enforcement.

§ 207.1.  (Reserved).

§ 207.2.  (Reserved).

§§ 207.11--207.22.  (Reserved).

§§ 207.31--207.46.  (Reserved).

§ 207.101.  Scope.

   This chapter applies to underground noncoal mines and mined-out underground noncoal mines used to house other businesses in this Commonwealth. The purpose of this chapter is for the protection of life, the promotion of health and safety and the prevention of accidents.

§ 207.102.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Developed facility--The portion of a mined-out underground noncoal mine developed or being developed for storage, manufacturing or other activities requiring a person to enter the mined-out area. The term includes all roads and means of entering and leaving the mined-out area of the underground noncoal mine.

   Mined-out--A portion of the noncoal underground mine where no further mining is planned.

Noncoal underground mine--

   (i)  Lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting metals or minerals other than coal from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of the metals or minerals, or the work of preparing metals or minerals other than coal, and includes custom preparation facilities.

   (ii)  Private ways and roads appurtenant to the areas set forth in subparagraph (i).

   Person--A natural person, partnership, association or corporation or any agency, instrumentality or entity of Federal or State government. When used in any clause prescribing and imposing a penalty, or imposing a fine or imprisonment, or both, the term ''person'' does not exclude the members of an association and the directors, officers or agents of a corporation.

§ 207.103.  Responsible party.

   The person who is the owner or operator of a noncoal underground mine or developed facility shall ensure that the noncoal underground mine or developed facility is constructed and operated in accordance with this chapter. A subcontractor who conducts all or part of the operation shall be jointly and severably responsible with the owner or operator.

§ 207.104.  Enforcement.

   (a)  The Department has the authority to issue orders necessary to ensure compliance with the requirements of section 2(f) of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-2(f)), known as the General Safety Law, and this chapter. This authority includes orders:

   (1)  Revoking, or suspending a certificate of qualification to be a foreman.

   (2)  Ceasing or suspending the operation of a noncoal underground mine or developed facility.

   (3)  Requiring the abatement of an unsafe condition or practice.

   (b)  Except for orders abating a condition that is an imminent hazard or ceasing, in whole or in part, the operation of an noncoal underground mine or developed facility due to the existence of an imminent hazard, the Department will not issue an order abating a condition or correcting a violation of this chapter until the owner or operator has had an opportunity to meet with the Department to discuss the matter and the owner or operator has had a reasonable opportunity to abate the condition or correct the violation.

Subchapter B.  NONCOAL UNDERGROUND MINES

GENERAL

Sec.

207.201.	Applicability.
207.202.	Definitions.

PERFORMANCE STANDARDS

207.211.	Safety requirements.
207.212.	Employment of foreman.
207.213.	Duties of foreman.
207.214.	Certificate of qualification application requirements.
207.215.	Standards for issuing certificates of qualification.
207.216.	Examining committee.
207.217.	Blasting activity.

GENERAL

§ 207.201.  Applicability.

   This subchapter applies to the development, construction and operation of noncoal underground mines in this Commonwealth.

§ 207.202.  Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   MSHA--The United States Department of Labor, Mine Safety and Health Administration, its employees and its officers.

   Magazine--A structure used for the storage of explosives.

PERFORMANCE STANDARDS

§ 207.211.  Safety requirements.

   (a)  The provisions of 30 CFR Part 57 (relating to Safety and Health Standards--Underground Metal and Nonmetal Mines) are incorporated herein by reference.

   (b)  Alternative safety and health standards for underground metal and nonmetal mines, established by MSHA under section 101(c) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.A. § 811(c)) and 30 CFR Part 44 (relating to Rules of Practice for Petitions for Modification of Mandatory Safety Standards), are incorporated herein by reference.

   (c)  The provisions of 30 CFR Part 57 requiring the submission of a map, plan, notification, report, program description or other materials to MSHA are amended to require the same submission to the Department. A copy of any other material requested by MSHA under 30 CFR Part 57 shall be submitted to the Department.

   (d)  An owner or operator of a noncoal underground mine maintaining a magazine located on the surface shall comply with the magazine licensing requirements of Chapter 211 (relating to storage, handling and use of explosives).

§ 207.212.  Employment of foreman.

   The owner or operator of an underground noncoal mine shall employ a foreman who possesses the Department's certificate of qualification to be a foreman.

§ 207.213.  Duties of foreman.

   The foreman shall have full charge of the inside portions of the noncoal underground mine and the persons employed therein. The foreman's duty shall be to ensure compliance with the requirements of the Commonwealth's mine safety laws and the regulations promulgated thereunder, as well as to secure and promote the health and safety of persons employed in the noncoal underground mine.

§ 207.214.  Certificate of qualification application requirements.

   To be eligible to apply for a certificate of qualification, the individual shall:

   (1)  Be at least 21 years of age.

   (2)  Have at least 2 years of practical experience as a noncoal underground miner or have 1 year of practical experience as a noncoal underground miner and either possess a Bachelor of Science Degree in mining engineering, be a certified official under the Pennsylvania Anthracite Coal Mine Act (52 P. S. §§ 70-101--70-145) or the Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 701-101--701-706) or possess an acceptable certificate of qualification issued by another state.

§ 207.215.  Standards for issuing certificates of qualification.

   (a)  The Department will only issue certificates of qualification to be a foreman to applicants who have demonstrated the ability to ensure the safety of persons and the inside portions of a noncoal underground mine under their supervision. Applicants make this demonstration by correctly answering at least 80% of the Department's written examination covering applicable mine safety laws and regulations of the Commonwealth.

   (b)  The Department may refuse to issue to an applicant a certificate of qualification when the applicant has demonstrated an inability or unwillingness to comply with the mine safety laws and regulations of the Commonwealth or the mine safety laws or regulations administered by MSHA.

§ 207.216.  Examining committee.

   (a)  The Department will appoint a committee consisting of a noncoal underground mine foreman and a representative of the Department to prepare the initial draft of the examination to be given to applicants for the mine foreman's certificate of qualification. A bank of questions will be developed by the committee. The Department will assemble the examination from this bank of questions.

   (b)  This committee shall review and score the results of the examinations given to applicants for the foreman's certificate of qualification. These results will be transmitted to the Department for issuance of the certificate.

§ 207.217.  Blasting activity.

   The storage, handling and use of explosives at a noncoal underground mine shall be under the supervision and control of a person licensed as a blaster under Chapter 210 (relating to use of explosives).

Subchapter C.  MINED-OUT AREAS

GENERAL PROVISIONS

Sec.

207.301.	Applicability.
207.302.	Definitions.
207.303.	Approvals.

SPECIFICATIONS

207.311.	Roof areas.
207.312.	Lighting.
207.313.	Entrances and exits.
207.314.	Ventilation.
207.315.	Closing underground sections.
207.316.	Inspections.
207.317.	Record of inspection.
207.318.	Storage of flammable liquids.
207.319.	Check in/check-out system.

GENERAL PROVISIONS

§ 207.301.  Applicability.

   This subchapter applies to the use of mined-out underground noncoal mines in this Commonwealth. The activities covered by this subchapter include storage, manufacturing or other activities requiring a person to enter the mined-out area.

§ 207.302.  Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Outside air--Air moving through the mined-out passageways after entering them through the main or accessory portals by mechanical or natural forces.

   Pure air--Air containing not less than 19.5% oxygen, not more than 0.5% carbon dioxide and no harmful quantities of other noxious or poisonous gases, dust, soot or particulates.

§ 207.303.  Approvals.

   A person may not operate a business in a mined-out area unless that mined-out area is part of a developed facility, which has been approved by the Department and is constructed and operated in accordance with this subchapter.

SPECIFICATIONS

§ 207.311.  Roof areas.

   The owner or operator of a developed facility shall ensure that the developed facility's roof shall be scaled, bolted or otherwise supported.

§ 207.312.  Lighting.

   (a)  Permanent. The owner or operator of a developed facility shall ensure that a permanent lighting system is installed in the developed facility to provide adequate lighting for the activities to be conducted in the developed facility.

   (b)  Emergency. The owner or operator of a developed facility shall ensure that a person is not allowed to work in a developed facility unless either an emergency lighting system meeting the requirements of the Department has been installed in that area or each worker is provided with an approved personal lamp.

§ 207.313.  Entrances and exits.

   The owner or operator of a developed facility shall ensure that two separate passages, connecting each area of the developed facility to the surface, shall be provided for personnel use and shall be maintained in a safe, passable condition at all times.

§ 207.314.  Ventilation.

   (a)  General requirement. The owner or operator of a developed facility shall ensure that an adequate supply of pure air is provided and maintained in the developed facility as provided in subsection (b). If the Department or the operator determines it is necessary to install mechanical means of ventilation, these mechanical means for providing pure air shall be approved by the Department before the mechanical ventilation system is operated.

   (b)  Quantity of air. A minimum of 20 cubic feet of outside air shall be supplied to every occupied or enclosed space in a developed area, per minute, per person present in that area.

§ 207.315.  Closing underground sections.

   If it becomes necessary to permanently close or enclose a section or portion of the developed facility, the owner or operator of the developed facility shall ensure that noncombustible material is used to permanently close or enclose that section or portion of the developed facility.

§ 207.316.  Inspections.

   The owner or operator of a developed facility shall ensure that inspections are made at the following times, and defective conditions that are discovered shall be corrected:

   (1)  Monthly. The ceiling, pier and walls shall be inspected monthly for new cracks. The entrances, shafts, slopes, drifts and roadways leading to them, and the doors or gates shall be inspected monthly to insure they are in safe, usable condition.

   (2)  Biweekly. Emergency lighting systems and approved personal lamps shall be tested biweekly to assure they are in operating condition. Charge, fluid, terminals and visual conditions of batteries shall be checked.

   (3)  Weekly. The ventilating system shall be inspected weekly to ensure that motors and controls are in operating condition.

§ 207.317.  Record of inspection.

   The owner or operator of the developed facility shall ensure that logs containing the findings of inspections and the repairs and corrective action taken are maintained and kept on file at the developed facility's office. These logs shall be available for inspection by the Department at any time during working hours. The log shall be dated and signed by a person designated by the owner or operator to be responsible for the day-to-day operation of the developed facility. Corrections or orders required by the Department representative shall be in writing and shall become a part of the log.

§ 207.318.  Storage of flammable liquids.

   (a)  The owner or operator of the developed facility shall ensure that flammable liquids are stored in a safety container unless otherwise approved by the Department.

   (b)  The owner or operator of a developed facility shall ensure that flammable liquids in excess of 5 gallons are not stored in the developed facility unless otherwise approved by the Department.

§ 207.319.  Check in/check-out system.

   The owner or operator of the developed facility shall ensure that there is a check-in/check-out system, which will inform personnel on the surface of the mine as to who is currently in the developed facility.

[Pa.B. Doc. No. 01-2180. Filed for public inspection December 7, 2001, 9:00 a.m.]