1247 Underground coal mine safety?

BOARD OF
COAL MINE SAFETY

[25 PA. CODE CH. 208]

Underground Coal Mine Safety

[40 Pa.B. 3836]
[Saturday, July 10, 2010]

 The Board of Coal Mine Safety (Board) proposes to add Chapter 208 (relating to underground coal mine safety) to read as set forth in Annex A.

 The Board is seeking comments to the proposed rulemaking. This proposed rulemaking has been drafted by the Department of Environmental Protection (Department) and the action of the Board to publish this proposed rulemaking is not an endorsement by the Board of these regulations but is instead to call for comment from interested parties, specifically of the mining industry and miners in this Commonwealth. In particular, the Board would like to call attention to §§ 208.11, 208.12, 208.15(b), 208.21, 208.32(b) and 208.41(b). Comments are invited on the need or necessity for the proposed rulemaking, the clarity of the wording and other concerns. This proposed rulemaking establishes safety standards regarding belt conveyor flammability, the design, installation and maintenance of mine seals for abandoned areas, escapeways, emergency response, and self-contained self-rescue devices. This proposed rulemaking principally incorporates by reference safety standards adopted by the United States Department of Labor, Mine Safety and Health Administration (MSHA) in 30 CFR Part 75 (relating to mandatory safety standards—underground coal mines). The MSHA regulations/standards being incorporated by reference implement some of the requirements of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). See sections 201, 514, 515 and 14 of the MINER Act (30 U.S.C.A. §§ 826 and 963—965).

 This proposed rulemaking was adopted by the Board at its meeting of April 8, 2010.

A. Effective Date

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

B. Contact Persons

 For further information, contact Joseph Sbaffoni, Director, Bureau of Mine Safety, Fayette County Health Center, 100 New Salem Road, Room 167, Uniontown, PA 15401, [phone]; or Doug Brennan, Director, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, [phone]. Information regarding submitting comments on this proposed rulemaking appears in Section J of this Preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling [phone] (TDD users) or [phone] (voice users). This proposed rulemaking is available electronically through the Department's web site at www.depweb.state.pa.us.

C. Statutory Authority

 This proposed rulemaking is being made under the authority of sections 106, 106.1 and 106.2 of the Bituminous Coal Mine Safety Act (BCMSA) (52 P. S. §§ 690-106, 690-106.1 and 690-106.2), which authorizes the adoption of regulations implementing the BCMSA including additional safety standards. The Board is directed to consider adopting regulations implementing the MINER Act regulations. This proposed rulemaking is also being made under the authority of section 1917-A of The Administrative Code of 1929 (71 P. S. § 510-17), which authorizes the Department to prevent the occurrence of a nuisance.

D. Background and Purpose

 At the National level, the MSHA regulates mine safety under the authority of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.A. §§ 801—965) (Mine Safety Act). The MSHA regulations are in 30 CFR Parts 1—199 (relating to Mine Safety and Health Administration, Department of Labor). The operating requirements for underground coal mines are in 30 CFR Part 75.

 The Mine Safety Act only preempts state laws or regulations that are less stringent than or that conflict with MSHA standards. See section 955 of the Mine Safety Act (30 U.S.C.A. § 955), regarding state laws. Unlike a state's ability under other Federal statutes to obtain primacy (primary enforcement authority), a state cannot obtain authority to enforce the Mine Safety Act in that state's jurisdiction. As a result, a number of states maintain an independent underground coal mine safety program with the mine operator being subject to two mine safety programs.

 On June 15, 2006, the United States Congress amended the Mine Safety Act by enacting the MINER Act. The MINER Act addresses safety issues raised by fatal mine accidents at the Sago and Alma Mines in West Virginia and the Darby Mine in Kentucky. In addition, Congress adopted the Consolidated Appropriations Act of 2008 (Pub. L. No. 110-161, December 26, 2007, 121 Stat. 1844) directing the MSHA to adopt new belt conveyor flame-resistance standards. In accordance with these congressional mandates, the MSHA promulgated regulations addressing the flammability of belt conveyors, the strength of seals for abandoned areas, escapeways, refuge alternatives, post-accident breathable air, communications, tracking and mine rescue teams.

 The Commonwealth has been regulating safety at underground bituminous coal mines since 1889. See the act of May 9, 1889 (P. L. 154, No. 171), regarding the recovery of the bodies of workmen. On July 7, 2008, the General Assembly enacted the BCMSA. The BCMSA is the first significant update of the Commonwealth's underground bituminous coal mine safety laws since 1961. See section 103(a) of the BCMSA (52 P. S. § 690-103(a)), regarding purpose and findings.

 One of the significant changes made by the BCMSA is the authority to promulgate regulations for mine safety. The General Assembly established the Board to promulgate the regulations. This seven-member Board consists of the Department's Secretary as chairperson and three members representing the view point of mine workers and the viewpoint of underground bituminous coal mine operators respectively. See section 106 of the BCMSA, regarding the Board.

 A significant problem with the preexisting law is that its safety standards were becoming outdated. See section 103 of the BCMSA. There was no effective mechanism to modify existing standards or to adopt new safety standards to address changes in technology or other hazards.

 To rectify this problem, the BCMSA contains broad rulemaking authority to adopt regulations to either modernize safety standards in the BCMSA or adopt new safety standards not contained in the BCMSA. See section 106 of the BCMSA. The Board was directed to start considering whether to adopt Federal mine safety standards not in the BCMSA. See section 106.1 of the BCMSA, regarding rulemaking. Of particular concern is the adoption of regulations implementing safety standards established by the MINER Act regulations. See section 106.1(h) of the BCMSA.

 This proposed rulemaking implements the MINER Act's safety standards for belt conveyor flammability, mine seals for abandoned areas, escapeway, refuge alternatives and post accident breathable air.

 As the following explains, there are only a few instances when the MINER Act regulations need to be either strengthened or clarified. Therefore, this proposed rulemaking incorporates by reference the applicable MSHA regulations. Adopting MSHA regulations by reference will enhance safety at underground coal mines because the potential for confusion by operators as to the appropriate safety standard is minimized. A future change in an MSHA regulation that has been incorporated by reference takes immediate effect in law in this Commonwealth. As a result, these regulations will remain current with MSHA regulations. If it appears that a proposed change to one of the incorporated by reference MSHA regulations is inappropriate or will reduce the safety of miners, the Board can act to make the appropriate modification to the Department's regulations.

Sealing of abandoned areas of mines

 This issue is being addressed because inadequately sealed abandoned and unused portions of mines pose a significant safety hazard. Abandoned and unused areas of underground coal mines may contain coal dust and accumulated gas which can be ignited by rock falls, lightning and, in some instances, fires started by spontaneous combustion. Seals are used to isolate this environment from the active workings of the mine. They are also used to keep explosions in abandoned areas contained to that area. Without an adequate seal, the overpressure from an explosion in an abandoned area can cause serious injury to miners and damage mine equipment. In the Department's experience, the atmosphere in these abandoned areas does not remain inert. This creates the risk of having an abandoned area which could have a dangerous explosion that blows out the seals.

 Under section 235 of the BCMSA (52 P. S. § 690-235), regarding unused and abandoned parts of mines, and its predecessor section 247 of the Pennsylvania Bituminous Coal Mine Act (PBCMA) (52 P. S. § 701-247), the Department is responsible for ensuring that abandoned parts of mines are adequately sealed. The Department has relied upon the MSHA's determination that a proposed seal, if installed properly, will meet a specified over pressure standard. The Department ensures that the seal is properly installed and maintained.

 Initially, the MSHA required seals to have a strength to withstand an overpressure of at least 20 pounds per square inch (psi). The 20 psi standard was in the original version of 30 CFR 75.335 (relating to seal strengths, design applications, and installation). The definition of ''overpressure'' is in 30 CFR 75.2 (relating to definitions).

 At 72 FR 28796 (May 22, 2007), as an Emergency Temporary Standard (ETS), the MSHA revised the seal strength standard to be at least 50 psi.

 At 72 FR 21182 (April 14, 2008), the MSHA finalized the ETS with some additional revisions. A significant change was that the MSHA created a two-tier system. The operator can use a seal meeting the 50 psi standard when the atmosphere of the abandoned area is inert, there is monitoring to ensure that the atmosphere remains inert and there are no other circumstances putting additional stress on the seals. Otherwise, the seal must have a strength of at least 120 psi. Rather than following this two-tier system, the Department has been requiring seals to meet the 120 psi standard. The proposed mine seal regulation codifies the current practice of the Department: requiring seals to meet at least a 120 psi standard; relying on the MSHA's determination that the seal is designed to meet the 120 psi standard; and ensuring that the operator is properly installing and maintaining the seal.

Belt conveyor flammability

 One of the most significant hazards in an underground coal mine is a belt conveyor fire. Under section 273 of the PBCMA (52 P. S. § 701-273), regarding conveyor belts, construction and operation of conveyor equipment underground, operators were required to install belts with adequate flame-resistant coverings. In determining whether the belt covering was adequately flame-resistant, the Department relied upon the MSHA's approval of the belt as being flame-resistant.

 The efficacy of the MSHA standard has been in question for some time.

 At the time the BCMSA was being enacted, the MSHA had not yet promulgated the new belt flammability resistance standards. Therefore, rather than enacting a provision requiring belt conveyor coverings to meet a flammability standard, the General Assembly directed the Board to consider promulgating a regulation addressing belt flammability after the MSHA adopts MINER ACT regulations addressing belt flammability. See section 106.1(h) of the BCMSA.

 At 73 FR 80580 (December 31, 2008), the MSHA promulgated a final rulemaking which, among other things, established a more stringent belt flammability standard and belt entry maintenance standards to minimize the possibility of a belt fire. The proposed rulemaking incorporates by reference the requirement that belts meet the new flammability resistance standard.

Emergency response

 Most of the safety standards in the BCMSA are for the purpose of ensuring that a mine accident will not occur. Despite effective mine safety standards, serious accidents are still possible. Therefore, it is necessary to maximize the possibility of the miner's ability to survive a serious accident.

 The MSHA regulations have always contained standards concerning escapeways as well as self-contained self-rescue devices which provide post accident breathable air. The MINER Act regulations strengthen these provisions and also establish emergency response and post accident communications standards. Adopting these MSHA regulations will enhance the Department's ability to ensure the safety of miners if, despite the operational safety standards, a fire or explosion occurs.

E. Summary of Regulatory Requirements

 These regulations will be placed in Chapter 208. Creating a new chapter is necessary because the Commonwealth has never promulgated regulations addressing underground coal mine safety.

General provisions

§ 208.1. Definitions.

 Most of the terms being defined in this proposed rulemaking are already defined in the BCMSA. They are restated here for convenience. These terms are ''act,'' ''approval or approved,'' ''miner,'' ''MSHA,'' ''NIOSH,'' ''operator,'' ''representative of miners'' and ''underground bituminous coal mine or mine.''

 In addition, it is proposed to define ''overpressure,'' ''psi'' and ''self-contained self-rescue device.'' The terms ''overpressure'' and ''psi'' are used in proposed § 208.11 (relating to seals) to describe the strength of seals. The term ''overpressure'' has been defined in accordance with MSHA standards in 30 CFR 75.2. The term ''self-contained self-rescue device'' is used in proposed §§ 208.61—208.65 (relating to self-contained self-rescue devices). The term has been defined in accordance with the MSHA standards. See 73 FR 21182.

§ 208.2. Scope.

 The safeguards and procedures required by these regulations will apply to underground bituminous coal mines, operators and miners subject to the BCMSA.

§ 208.3. Access to material.

 This section authorizes the Department to obtain on an individual basis copies of the material an operator submits to the MSHA under the regulations incorporated by reference in Chapter 208. For the most part, the Department will be accepting the MSHA's approval of seals and equipment. There are instances when the Department will need copies of this information to approve a plan or to raise concerns to the MSHA for its consideration as part of its review of the requested approval. The Department will provide this information to an official representative of the miners as requested, unless specified otherwise in Chapter 208.

Seals

§ 208.11. Seals.

 Subsection (a) requires seals for abandoned areas to be designed, constructed and installed to withstand an overpressure of at least 120 psi. As with current practice, this subsection is more stringent than the MSHA regulation. The MSHA regulation permits a 50 psi standard if the atmosphere in the abandoned area is and remains inert. However, the monitoring system only measures the atmosphere at or near the seal. It does not monitor the atmosphere throughout the abandoned area. Therefore, there is significant uncertainty as to whether the atmosphere throughout the abandoned area is inert. Also, in the Department's experience, the atmosphere in these abandoned areas does not remain inert. This creates the risk of having an abandoned area which could have a dangerous explosion that blows out the seals.

 Subsection (b) incorporates by reference 30 CFR 75.335(a)(2) and (c) (relating to seal strengths, design applications and installation). This incorporation by reference ensures consistency because the Department will use the MSHA's criteria for seals requiring a strength of 120 psi.

 Subsection (c) incorporates by reference 30 CFR 75.335(a)(3). This incorporation by reference ensures consistency because the Department will use the MSHA's criteria to require a seal to have a strength greater than 120 psi.

 Subsection (d) establishes two key points. First, the Department will accept the MSHA's approval of the seal's design. Second, the Department will approve the installation of the seal as part of the ventilation plan for the abandoned area required by section 235 of the BCMSA. The Department needs to retain responsibility for the installation of seals because of the potential impact on mining operations and the Department's obligations under section 235 of the BCMSA. To minimize conflicts and paperwork the operator is to submit to the Department the same information it submits to the MSHA for approval to install the seal. Unlike the MSHA requirements, if applicable, the operator shall provide a copy of the approved seal design installation application to the miners' representative at the same time the application is submitted to the Department. This enables the persons most at risk if the seal fails an opportunity to comment.

 The Department did not duplicate the certification requirement in this proposed rulemaking because sections 218(d) and 218.1(b) of the BCMSA (52 P. S. §§ 690-218(d) and 690-218.1(b)), regarding preshift examination at fixed intervals and supplemental examination, require the person doing the examination to certify by initials, the time and date the seals were examined.

§ 208.12. Sampling and monitoring requirements.

 This section incorporates by reference 30 CFR 75.336 (relating to sampling and monitoring requirements). The atmospheres of sealed areas shall be monitored by a person certified under the BCMSA as a mine foreman, assistant mine foreman or mine examiner. This monitoring can be conducted by means of an atmospheric monitoring system, rather than by using site specific sampling by a certified person.

 Initially a sealed area is monitored once every 24 hours. If the seals' design strength is 120 psi or greater, then monitoring may cease once the seals for the area reach the design strength. If the seal strength is less than 120 psi, monitoring shall continue at a lesser frequency in accordance with the MSHA approved seal or ventilation plan. There are requirements to ensure that the monitoring points and sampling frequencies remain valid. Finally, for those areas where the seal strength is less than 120 psi, the section addresses the actions to be taken if the atmosphere stops being inert.

§ 208.13. Construction and repair of seals.

 Subsection (a) incorporates by reference 30 CFR 75.337 (relating to construction and repair of seals), the MSHA's standards for approving the installation and repair of seals. This incorporation by reference ensures that the Department and the MSHA will be enforcing the same standards to ensure the safe installation and repair of seals.

 The MSHA regulation requires the operator to maintain and repair seals to protect miners from the hazards of sealed areas.

 The MSHA regulation specifies the actions to be taken by the operator prior to sealing an area.

 The MSHA regulation requires the operator to designate a certified person to directly supervise the installation and repair of seals. This certified person is not required to be certified as a mine foreman, assistant mine foreman, or examiner under the BCMSA.

 The MSHA regulation requires a senior mine official to certify that the seal has been installed in accordance with the approval.

 The MSHA regulation specifies the operator's notification and information submission requirements.

 The MSHA regulation prohibits, without approval, cutting, welding or soldering within 150 feet of seals.

 The MSHA regulation specifies requirements for gas sampling pipes.

 The MSHA regulation includes requirements for draining water and slurry from a sealed area.

 Subsection (b) requires that cutting, welding and soldering with an arc or flame within 150 feet of a seal must also be approved by the Department, as well as the MSHA. Conducting welding, cutting or soldering within 150 feet of a seal, such as the installation or repair of a seal, raises significant safety concerns relating to the operation of the mine.

 The only difference between this proposed section and the MSHA regulation is that a copy of the information to justify welding, cutting or soldering within 150 feet of a seal is to be submitted, if applicable, to the representative of the miners. This enables the persons who could be placed at risk by the welding, cutting or soldering activity to have an opportunity to comment on the adequacy of the operator's proposal.

§ 208.14. Training.

 This section establishes the training requirements for persons involved in the installation or repair of seals. It incorporates by reference 30 CFR 75.338 (relating to training). As a result, the Department and the MSHA will be using the same standards for determining who is qualified to be involved in the construction and repair of seals. The requirements can be summarized as follows: persons conducting sampling shall be trained as to the appropriate equipment, locations and methodologies for conducting sampling; persons involved in the installation or repair of seals shall be trained in the use of the approved materials and procedures for constructing and repairing seals; and the operator must certify that all persons involved in the installation and repair of seals have received the appropriate training.

§ 208.15. Seals records.

 Subsection (a) incorporates by reference 30 CFR 75.339 (relating to seals records). The operator's recordkeeping and retention requirements for the Department will be identical to its requirements for the MSHA. Subsection (b) obligates the operator, upon request, to provide these records to the Department and, if applicable, the representative of the miners.

Escapeways

§ 208.21. Escapeways.

 Subsection (a) incorporates by reference 30 CFR 75.380 (relating to escapeways; bituminous and lignite mines). The requirements can be summarized as follows:

 There shall be at least two distinct and travelable escapeways.

 The escapeways must run continuously from each working section, and each area where mechanized mining equipment is being installed or removed, to separate surface openings.

 The escapeways shall be maintained in a safe and travelable condition.

 Each escapeway shall be provided with a durable, flame-resistant lifeline which is equipped with directional signaling devices.

 The openings shall be protected to prevent fires, fumes or flood water from entering the mine.

 One escapeway will be the primary escapeway which shall be ventilated with intake air at a higher pressure from the belt entryway. Alternative ventilation standards that maintain the integrity of the escapeway can be approved.

 The alternative escapeway must be isolated from the primary escapeway, except that the two escapeways may have a common air intake.

 There is a limitation on the types of equipment that can be in the escapeways.

 In general, the primary escapeway must be isolated from belt and haulage entries.

 Shafts and slopes are to be provided with mechanical escape facilities.

 Subsection (b) incorporates by reference 30 CFR 75.382 (relating to mechanical escape facilities). The requirements include the following: mechanical escape facilities shall be provided with overspeed, overwind and automatic stop controls; every mechanical escape facility with a platform, cage or other device must be equipped with brakes that can stop the fully loaded platform, cage or other device; mechanical escape facilities, including automatic elevators, shall be examined weekly; and a person trained to operate the mechanical escape facility always shall be available while anyone is underground.

 Subsection (c) incorporates by reference 30 CFR 75.384 (relating to longwall and shortwall travelways). The requirements include the following: if longwall or shortwall mining systems are used and the two designated escapeways are located on the headgate side, a travelway shall be provided on the tailgate side of that longwall or shortwall; the route of travel shall be clearly marked; and if a roof fall or other blockage occurs that prevents travel in the travelway, work shall cease and miners shall be withdrawn to a safe area and the Department shall be notified.

 Section 274 of the BCMSA (52 P. S. § 690-274) addresses mine openings or outlets. This section specifically requires that the two intake openings or outlets to the surface must not be at a common shaft, slope or drift opening. It also states that the openings or outlets must have a distinct means of egress available for use by the employees. For this reason, in subsection (a), the Department did not incorporate by reference the language in 30 CFR 75.380(c) that allows two escapeways to end in one multiple compartment shaft or slope separated by walls. Both the State and the Federal regulations require no fewer than two intake openings or outlets to the surface from every seam of coal being worked.

 The Department will apply escapeway requirements in accordance with MSHA regulations to primary and secondary escapeways designated by mine operators. Section 230(c)(1)(iii) of the BCMSA (52 P. S. § 690-230(c)(1)(iii)) requires that the belt conveyor entry provides an intake escapeway to the main air current. Section 274(e) of the BCMSA also requires that intake and return entries shall be kept reasonably drained and reasonably free from refuse and obstructions of all kinds, so that individuals may safely travel throughout the whole length and have a safe means of egress from workings in case of emergencies.

Belts

§ 208.31. Approval of conveyor belts.

 This section incorporates by reference 30 CFR 75.1108(b) and (c) (relating to approved conveyor belts). This provision provides the following:

 Beginning December 31, 2009, conveyor belts installed by operators shall be approved by the MSHA as meeting the flame-resistant standards in 30 CFR Part 14 (relating to requirements for the approval of flame-resistant conveyor belts).

 The compliance date may be extended if the MSHA extends its compliance date for installing conveyor belts approved under 30 CFR Part 14 based on a determination that these belts are not available.

 All conveyor belts in a mine are to be approved by the MSHA under the 30 CFR Part 14 flame-resistant standard by December 31, 2018.

§ 208.32. Maintenance of belt conveyors and belt conveyor entries.

 Subsection (a) incorporates by reference 30 CFR 75.1731 (relating to maintenance of belt conveyors and belt conveyor entries) so that the Department will be using the MSHA belt and belt entry maintenance requirements. These requirements are common sense actions that will minimize the risk of a conveyor belt fire. Subsection (b) makes it clear that the belt conveyor preshift and fixed interval inspections address compliance with these maintenance requirements. The maintenance requirements can be summarized as follows: damaged belt conveyor components shall be repaired or replaced; belt conveyors must be aligned to prevent rubbing; materials that contribute to a frictional heating hazard are to be excluded from the belt entry; and a spliced conveyor belt must retain its flame-resistant properties.

Emergencies

§ 208.41. Emergency evacuation.

 Subsection (a) incorporates by reference 30 CFR 75.1501 (relating to emergency evacuations). This section requires that, for each shift underground, there shall be a person who will be responsible for taking charge during a mine emergency. The MSHA regulation permits this responsible person to be working underground. This runs the risk that the responsible person, due to the mine emergency, cannot take charge. Even if the responsible person is not caught up in the mine emergency, if that person is underground when the emergency happens, it will be difficult for that person to carry out all the duties of a responsible person. Therefore, subsection (b) adds to the MSHA requirements by requiring that an individual designated by the mine operator and trained to the same extent in emergency procedures as the responsible person shall be located on the surface at all times to take charge during mine emergencies if the responsible person is unable to carry out his duties. The individual on the surface is to have current knowledge of where persons are working underground, the mine's ventilation system, aspects of the mine relevant to post accident response, for example escapeways, communication systems, as well as, the different accident/emergency response plans and shall be annually trained in all the aspects of emergency response.

 Responsible persons are authorized to initiate an evacuation when there is an imminent danger to miners due to fire or explosion or gas or water inundation. The operator is responsible for ensuring that persons working underground know the identity of their responsible person.

§ 208.42. Emergency evacuation and firefighting program of instruction.

 This section incorporates by reference 30 CFR 75.1502 (relating to mine emergency evacuation and firefighting program of instruction). The Department will accept the MSHA's approval of the emergency evacuation and fire fighting program of instruction. The Department's interest is whether an operator is instructing all miners in the proper procedures they must follow if a mine emergency occurs. Miners shall be instructed in the following: mine evacuation procedures; procedures for assembling and deploying fire and rescue equipment and personnel; mine rescue devices; refuge alternatives; different mine evacuation scenarios; use of fire suppression and fighting equipment; escapeway system; storage of self-contained self-rescuers in the mine; mine map; and escape, fire fighting and emergency evacuation plans in effect at the mine.

§ 208.43. Use of fire suppression equipment.

 This section incorporates by reference 30 CFR 75.1503 (relating to use of fire suppression equipment). The operator is responsible for ensuring that the appropriate number of persons are trained in using the fire fighting equipment available on the following: working sections; attended equipment; and maintenance shifts.

§ 208.44. Mine emergency evacuation training and drills.

 This section incorporates by reference 30 CFR 75.1504 (relating to mine emergency evacuation training and drills). The Department will be ensuring that the operator is conducting its MSHA-approved emergency training. Operators are required to conduct emergency training and require miners to participate. The training and drill must occur at least once each quarter. Each training and drill must address the following: hands on training on all the types of self-contained self-rescuers at the mine; a realistic escape scenario running the length of either the primary or alternative escapeway; a review of the mine and escapeway maps, the fire fighting plan and the mine emergency evacuation plan in effect at the mine; operation and location of fire fighting equipment and materials; the procedures for deploying refuge alternatives; and training in the transportation of the refuge alternative.

§ 208.45. Escapeway maps.

 This section incorporates by reference 30 CFR 75.1505 (relating to escapeway maps). The Department and the MSHA will be enforcing the same escapeway mine map requirements. These regulations address the following: the map's depiction of information a miner needs to either escape the mine or to seek refuge within the mine; the places in the mine where the maps are to be posted; keeping the maps up to date; and notifying all affected miners of changes in the escapeway system.

§ 208.46. Refuge alternatives.

 This section incorporates by reference 30 CFR 75.1506 (relating to refuge alternatives). The Department will accept and enforce the MSHA's approval of refuge alternatives and components. This incorporation by reference means that the Department and the MSHA will be using the same standards to ensure that operators have established refuges in the mine as an alternative when escape is not feasible. The requirements address the following: the use of refuge alternatives and components approved by the MSHA; the capacity of refuge alternatives; the location of refuge alternatives; identification of roof and rib support for the refuge alternative; maintenance of the refuge alternative and the refuge alternative's site; the identification of refuge alternatives; monitoring of the refuge alternative's atmosphere; and provision of a fire extinguisher.

§ 208.47. Emergency response plan; refuge alternatives.

 This provision incorporates by reference 30 CFR 75.1507 (relating to Emergency Response Plan; refuge alternatives). Incorporating 30 CFR 75.1507 by reference enhances the Department's ability to ensure the adequacy of the mine refuge alternative being provided by an operator. The regulation requires the emergency response plan, required by the MINER Act, to address the following: the provision of refuge alternatives; the methods to be used to maintain the refuge alternatives' atmosphere; the supplies, equipment and manuals to be included in a refuge alternative; and the procedures and arrangements to be used to provide additional supplies if the refuge alternative only has 48 hours of supplies.

§ 208.48. Training and records for examination, maintenance and repair of refuge alternatives and components.

 This provision incorporates by reference 30 CFR 75.1508 (relating to training and records for examination, maintenance and repair of refuge alternatives and components). The Department will be using the MSHA requirements to ensure that refuge alternatives and components are properly maintained. The requirements address the following: the training of all persons responsible for maintaining refuge alternatives and components; documentation of repairs made to refuge alternatives or components; and maintenance of training and repair records.

Communications

§ 208.51. Communications facilities for refuge alternatives.

 This provision incorporates by reference 30 CFR 75.1600-3 (relating to communications facilities; refuge alternatives). The Department and the MSHA will be using the same standards to ensure that refuge alternatives are provided with affective communications systems. These requirements address a two-way communications system and an additional backup system.

Self-Contained Self-Rescue Devices

§ 208.61. Availability of approved self-contained self-rescue devices; instruction in use and location.

 This provision incorporates by reference 30 CFR 75.1714 (relating to availability of approved self-rescue devices; instruction in use and location). The Department and the MSHA will be using the same standards to ensure the availability of self-contained self-rescue devices. The regulation addresses the following issues: the operator's obligation to provide to miners who go underground and authorized visitors approved self-contained self-rescue devices which provide breathable air for at least 1 hour; and training in the use of self-contained self-rescue devices.

§ 208.62. Approved self-contained self-rescue devices.

 This provision incorporates by reference 30 CFR 75.1714-1 (relating to approved self-rescue devices). The Department will be able to ensure that operators are using the appropriate self-contained self-rescue devices. In general, operators are required to provide self-contained self-rescue devices that are approved by the MSHA and the National Institute of Occupational Safety and Health.

§ 208.63. Self-contained self-rescue devices; use and location requirements.

 This provision incorporates by reference 30 CFR 75.1714-2 (relating to self-rescue devices; use and location requirements). The Department and the MSHA will be using the same requirements on operators to provide self-contained self-rescue devices. The issues addressed are as follows: the wearing or carrying of a self-contained self-rescue device by each person underground; the conditions and circumstances under which self-contained self-rescue devices can be near the person working underground rather than worn or carried by the person; the MSHA's approval for an operator to place self-contained self-rescue devices more than 20 feet away from the person; storing self-contained self rescuers underground; and the use and location of devices with a 10-minute capacity and additional 1-hour bottles.

§ 208.64. Self-contained self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.

 This provision incorporates by reference 30 CFR 75.1714-3 (relating to self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping). The Department will use the MSHA standards to ensure that self-contained self-rescue devices are properly maintained. The MSHA standards require the following: inspection, testing, maintenance and repair of self-contained self-rescue devices by an adequately trained person; inspection of self-contained self-rescue devices after being worn or used; testing filter self-contained self-rescuers; testing of self-contained self-rescue devices; documentation of the testing and maintenance activities; and the repair of self-contained self-rescue devices removed from service.

§ 208.65. Additional self-contained self-rescue devices.

 This provision incorporates by reference 30 CFR 75.1714-4 (relating to additional self-contained self rescuers (SCSRs)). The Department will be enforcing the MSHA requirements for additional self-rescuers. The requirements address the provision of the following: additional self-contained self-rescuers in working places; additional self-contained self-rescuers on mantrips; and caches of self-contained self-rescuers in or between escapeways.

§ 208.66. Map locations.

 This section incorporates by reference 30 CFR 75.1714-5 (relating to map locations of self-contained self-rescuers (SCSR)). This provision requires the mine operator to indicate the locations of all stored self-contained self-rescuers on mine maps.

§ 208.67. Emergency tethers.

 This section incorporates by reference 30 CFR 75.1714-6 (relating to emergency tethers). This provision requires at least one tether, which is a durable rope or equivalent material, to be provided and stored with the additional self-contained self-rescuers.

§ 208.68. Multi-gas detectors.

 This section incorporates by reference 30 CFR 75.1714-7 (relating to multi-gas detectors). This provision requires that a mine operator shall provide an MSHA-approved, handheld, multi-gas detector that can measure methane, oxygen and carbon monoxide to each group of underground miners and to each person who works alone. It also requires that at least one person in each group of underground miners shall be a qualified person under 30 CFR 75.150 (relating to tests for methane and for oxygen deficiency; qualified person) and that each person who works alone shall be trained to use the device. Multi-gas detectors shall be maintained and calibrated.

§ 208.69. Reporting SCSR inventory, malfunctions and retention.

 This section incorporates by reference 30 CFR 75.1714-8 (relating to reporting SCSR inventory and malfunctions; retention of SCSRs).

F. Benefits, Costs and Compliance

Benefits

 The intent of this proposed rulemaking is to enhance mine safety by ensuring that abandoned areas are isolated from the working mine, by reducing the possibility of belt conveyor fires and by enhancing the miners ability to survive a mine fire, cave-in or the inundation of a mine by gas or water. Abandoned areas are effectively isolated because the proposed rulemaking includes effective standards for the design, strength, installation and maintenance of mine seals. The possibility of a belt fire is reduced because the Department will be ensuring that belts have been approved under the MSHA's new belt conveyor flame-resistance standard and that the belt conveyor entryway is maintained in a manner to minimize the possibility of a fire. A miner's ability to survive a mine emergency is enhanced in several ways. First, the Department will be enforcing the MSHA requirements concerning emergency response and emergency response training. Second, to enhance the miners' ability to escape a mine, the Department will be ensuring that the MSHA's requirements for escapeways and self-contained self-rescue devices are met. In case the miners cannot escape the mine, the Department's enforcement of the MSHA's refuge alternative requirements will enhance the miners' ability to remain alive pending a rescue.

 Currently, there are 38 underground bituminous coal mines in this Commonwealth. These mines employ approximately 4,420 persons, not all of whom work underground.

 This proposed rulemaking reduces the possibility that 1 or more of the 4,420 persons working at mines will suffer a serious or fatal injury due to a mine fire, cave-in or an inundation of a mine by gas or water. Also, the belt conveyor fire-resistance and mine seal standards reduce the possibility of an explosion or a fire that would seriously damage the mine, mining equipment or cause the loss of life. The Department lacks the data to estimate the potential benefits from reducing these risks. Nonetheless, the potential benefits are significant because, as the following explains, the costs are minimal.

 The only alternative to be considered was writing regulations that primarily restate the MINER Act regulations. This approach was rejected for two reasons.

 First, in rewriting the regulations there is always the possibility of unintended differences, of style if nothing else, with the MINER Act regulations. These differences could become a source of confusion as to the appropriate standard to be followed by operators. Incorporating by reference the MSHA regulations with a few differences stated in the regulation minimizes this problem.

 Second, the incorporation by reference enables the Department's regulations to remain consistent with the MSHA regulations. Of particular concern are incorporating any changes to the MSHA regulations due to a law suit brought by the International Mine Workers challenging some of the aspects of MSHA's belt flammability and alternative refuge regulations. This incorporation by reference will implement changes to the MSHA MINER Act regulations due to this litigation.

Compliance costs

 This proposed rulemaking does not impose new compliance costs. For the most part, this proposed rulemaking imposes standards already being imposed by the MSHA. The only differences are instances when the proposed rulemaking requires a seal with a strength of 120 psi and the MSHA would permit a seal of 50 psi. However, this is not new. Since October 20, 2008, the Department has been requiring new seals to have a strength of 120 psi.

Compliance Assistance Plan

 The Department will work with the Pennsylvania Coal Association to assist coal mine operators in complying with this proposed rulemaking. In addition, compliance assistance will be provided by the mine inspectors as part of their inspections of mines.

Paperwork Requirements

 The only paperwork requirement imposed by this proposed rulemaking is that operators shall be required to submit to the Department applications to conduct welding, cutting or soldering within 150 feet of a seal.

G. Sunset Review

 This proposed rulemaking 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 June 25, 2010, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Senate and House Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.

 Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. 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 comments, recommendations or objections raised.

I. Public Comments

 Written comments. Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Board of Coal Mine Safety, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th 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 on or before September 8, 2010. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by the Board on or before September 8, 2010. 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 rulemaking will be considered.

 Electronic comments. Comments may be submitted electronically to the Board at [e-mail] and must also be received by the Board on or before September 8, 2010. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

JOHN HANGER, 
Chairperson

 Fiscal Note: 7-455. No fiscal impact; (8) recommends adoption.

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 208 UNDERGROUND COAL MINE SAFETY

GENERAL PROVISIONS

Sec.

208.1.	Definitions.
208.2.	Scope.
208.3.	Access to material.

SEALS

208.11.	Seals.
208.12.	Sampling and monitoring requirements.
208.13.	Construction and repair of seals.
208.14.	Training.
208.15.	Seals records.

ESCAPEWAYS

208.21.

Escapeways.

BELTS

208.31.	Approval of conveyor belts.
208.32.	Maintenance of belt conveyors and belt conveyor entries.

EMERGENCIES

208.41.	Emergency evacuation.
208.42.	Emergency evacuation and firefighting program of instruction.
208.43.	Use of fire suppression equipment.
208.44.	Mine emergency evacuation training and drills.
208.45.	Escapeway maps.
208.46.	Refuge alternatives.
208.47.	Emergency response plan; refuge alternatives.
208.48.	Training and records for examination, maintenance and repair of refuge alternatives and components.

COMMUNICATIONS

208.51.

Communications facilities for refuge alternatives.

SELF-CONTAINED SELF-RESCUE DEVICES

208.61.	Availability of approved self-contained self-rescue devices; instruction in use and location.
208.62.	Approved self-contained self-rescue devices.
208.63.	Self-contained self-rescue devices; use and location requirements.
208.64.	Self-contained self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.
208.65.	Additional self-contained self-rescue devices.
208.66.	Map locations.
208.67.	Emergency tethers.
208.68.	Multi-gas detectors.
208.69.	Reporting SCSR inventory, malfunctions and retention.

GENERAL PROVISIONS

§ 208.1. Definitions.

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

 Act—The Bituminous Coal Mine Safety Act (52 P. S. §§ 690-101—690-708).

 Approval or approved—The term as defined in section 104 of the act (52 P. S. § 690-104).

 MSHA—The term as defined in section 104 of the act.

 Miner—The term as defined in section 104 of the act.

 NIOSH—The term as defined in section 104 of the act.

 Operator—The term as defined in section 104 of the act.

 Overpressure—The highest pressure over the background atmospheric pressure that could result from an explosion, which includes the impact of the pressure wave on an object. See 30 CFR 7.502 (relating to definitions).

 psi—Pounds per square inch.

 Representative of the miners—The term as defined in section 104 of the act.

 SCSR—Self-contained self-rescue device—A type of closed-circuit, self-contained breathing apparatus approved by MSHA and NIOSH under 42 CFR Part 84 (relating to approval of respiratory protective devices) for escape only from underground mines.

 Underground bituminous coal mine or mine—The term as defined in section 104 of the act.

§ 208.2. Scope.

 The safety standards and procedures in this chapter apply to all underground bituminous coal mines, operators and miners subject to the act.

§ 208.3. Access to material.

 Upon request from the Department, or as required under this chapter, an operator shall submit to the Department a copy of any application, report, plan or other material submitted to MSHA pursuant to a regulation adopted by reference in this chapter. Upon request from the authorized representative of miners, the Department will provide copies of an application, report, plan or other material submitted to MSHA pursuant to a regulation adopted by reference in this chapter.

SEALS

§ 208.11. Seals.

 (a) Minimum seal strength. Mine operators shall design, construct and maintain seals to withstand an overpressure of at least 120 psi.

 (b) Seal strengths and installation. The provisions of 30 CFR 75.335(a)(2) and (c) (relating to seal strengths, design applications, and installation) are incorporated by reference.

 (c) Seal Strength greater than 120 psi. The provisions of 30 CFR 75.335(a)(3) shall be used for determining when the strength of a seal exceeds 120 psi.

 (d) Seal installation approval. The operator shall submit an application to install the MSHA-approved seal design to the Department for its review and approval. An approved application to install the seal shall be made part of the abandoned area ventilation plan required under section 235 of the act (52 P. S. § 690-235) regarding unused and abandoned parts of mines and follow 30 CFR 75.335(c).

 (1) The operator shall provide the representative of the miners, if applicable, the approved seal design installation application at the same time the operator submits the application to the Department.

 (2) Any individual installing the seal shall do so in accordance with the approved abandoned area ventilation plan.

§ 208.12. Sampling and monitoring requirements.

 The provisions of 30 CFR 75.336 (relating to sampling and monitoring requirements) are incorporated by reference.

§ 208.13. Construction and repair of seals.

 (a) General. The provisions of 30 CFR 75.337 (relating to construction and repair of seals) are incorporated by reference.

 (b) Welding, cutting, and soldering. An individual may not perform any welding, cutting or soldering with an arc or flame within 150 feet of a seal unless otherwise approved by the Department.

 (1) The operator shall submit to the Department and the representative of the miners, if applicable, an application containing the same information submitted to MSHA under 30 CFR 75.337(f).

 (2) Any welding, cutting or soldering within 150 feet of a seal shall be performed in accordance with the application approved by the Department and made part of the abandoned area ventilation plan required under section 235 of the act (52 P. S. § 690-235), regarding unused and abandoned parts of mines.

§ 208.14. Training.

 The provisions of 30 CFR 75.338 (relating to training) are incorporated by reference.

§ 208.15. Seals records.

 (a) General. The provisions of 30 CFR 75.339 (relating to seals records) are incorporated by reference.

 (b) Access to records. Upon request from the Department, or from the authorized representative of miners, mine operators shall provide access to any record required under this section.

ESCAPEWAYS

§ 208.21. Escapeways.

 (a) Bituminous and lignite mines. The provisions of 30 CFR 75.380 (relating to escapeways; bituminous and lignite mines) are incorporated by reference except that the language in 30 CFR 75.380(c) allowing the two escapeways to end in one multiple compartment shaft or slope separated by walls is not incorporated by reference.

 (b) Mechanical and escape facilities. The provisions of 30 CFR 75.382 (relating to mechanical escape facilities) are incorporated by reference.

 (c) Longwall and shortwall travelways. The provisions of 30 CFR 75.384 (relating to longwall and shortwall travelways) are incorporated by reference. If a roof fall or other blockage occurs that prevents travel in the travelway, the mine operator shall notify the Department.

BELTS

§ 208.31. Approval of conveyor belts.

 The provisions of 30 CFR 75.1108(b) and (c) (relating to approved conveyor belts) are incorporated by reference.

§ 208.32. Maintenance of belt conveyors and belt conveyor entries.

 (a) Maintenance standards. The provisions of 30 CFR 75.1731 (relating to maintenance of belt conveyors and belt conveyor entries) are incorporated by reference.

 (b) Inspections. Individuals conducting inspections of belt conveyors required under sections 218 and 218.1 of the act (52 P. S. §§ 690-218 and 690-218.1) regarding preshift examination at fixed intervals and supplemental inspection shall address compliance with this section's maintenance requirements.

EMERGENCIES

§ 208.41. Emergency evacuation.

 (a) Emergency evacuation. The provisions of 30 CFR 75.1501 (relating to emergency evacuations) are incorporated by reference.

 (b) Individual located on the surface. An individual designated by the mine operator to take charge during mine emergencies and trained to the same extent in emergency procedures as the responsible person shall be located on the surface during all shifts.

§ 208.42. Emergency evacuation and firefighting program of instruction.

 The provisions of 30 CFR 75.1502 (relating to mine emergency evacuation and firefighting program of instruction) are incorporated by reference.

§ 208.43. Use of fire suppression equipment.

 The provisions of 30 CFR 75.1503 (relating to use of fire suppression equipment) are incorporated by reference.

§ 208.44. Mine emergency evacuation training and drills.

 The provisions of 30 CFR 75.1504 (relating to mine emergency evacuation training and drills) are incorporated by reference.

§ 208.45. Escapeway maps.

 The provisions of 30 CFR 75.1505 (relating to escapeway maps) are incorporated by reference.

§ 208.46. Refuge alternatives.

 The provisions of 30 CFR 75.1506 (relating to refuge alternatives) are incorporated by reference.

§ 208.47. Emergency response plan; refuge alternatives.

 The provisions of 30 CFR 75.1507 (relating to emergency response plan; refuge alternatives) are incorporated by reference.

§ 208.48. Training and records for examination, maintenance and repair of refuge alternatives and components.

 The provisions of 30 CFR 75.1508 (relating to training and records for examination, maintenance and repair of refuge alternatives and components) are incorporated by reference.

COMMUNICATIONS

§ 208.51. Communications facilities for refuge alternatives.

 The provisions of 30 CFR 75.1600-3 (relating to communications facilities; refuge alternatives) are incorporated by reference.

SELF-CONTAINED SELF-RESCUE DEVICES

§ 208.61. Availability of approved self-contained self-rescue devices; instruction in use and location.

 The provisions of 30 CFR 75.1714 (relating to availability of approved self-rescue devices; instruction in use and location) are incorporated by reference.

§ 208.62. Approved self-contained self-rescue devices.

 The provisions of 30 CFR 75.1714-1 (relating to approved self-rescue devices) are incorporated by reference.

§ 208.63. Self-contained self-rescue devices; use and location requirements.

 The provisions of 30 CFR 75.1714-2 (relating to self-rescue devices; use and location requirements) are incorporated by reference.

§ 208.64. Self-contained self-rescue devices; inspection, testing, maintenance, repair, and record- keeping.

 The provisions of 30 CFR 75.1714-3 (relating to self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping) are incorporated by reference.

§ 208.65. Additional self-contained self-rescue devices.

 The provisions of 30 CFR 75.1714-4 (relating to additional self-contained self-rescuers (SCSRs)) are incorporated by reference.

§ 208.66. Map locations.

 The provisions of 30 CFR 75.1714-5 (relating to map locations of self-contained self-rescuers (SCSR)) are incorporated by reference.

§ 208.67. Emergency tethers.

 The provisions of 30 CFR 75.1714-6 (relating to emergency tethers) are incorporated by reference.

§ 208.68. Multi-gas detectors.

 The provisions of 30.1714-7 (relating to multi-gas detectors) are incorporated by reference.

§ 208.69. Reporting SCSR inventory, malfunctions and retention.

 The provisions of 30 CFR 75.1714-8 (relating to reporting SCSR inventory and malfunctions; retention of SCSRs) are incorporated by reference.

[Pa.B. Doc. No. 10-1247. Filed for public inspection July 9, 2010, 9:00 a.m.]