Section 209a.43. Alternative standards

(a) If, as of August 9, 2008, the United States Department of Labor, Mine Safety and Health Administration (MSHA) has adopted a mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine in this Commonwealth, that mine specific modified safety and health standard will be adopted by the Department if the operator submits to the Department’s district mining office with jurisdiction for the mine a copy of MSHA’s adoption of the modification.

(b) If, as of August 9, 2008, an operator has submitted to MSHA, but MSHA has not yet adopted, a petition for a mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine in this Commonwealth, that mine specific modified safety and health standard will be adopted by the Department if the operator submits to the Department’s district mining office with jurisdiction for the mine a copy of MSHA’s approval of the modification.

(c) If, after August 9, 2008, an operator submits a petition for a mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine located in this Commonwealth, that mine specific modified safety and health standard will be adopted by the Department upon MSHA’s adoption of the modification if the operator:

(1) Provides the Department’s district mining office with jurisdiction for the mine with a copy of the petition and a copy of all supporting materials submitted to MSHA, upon submission to MSHA.

(2) Submits to the Department’s district mining office with jurisdiction for the mine a copy of MSHA’s approval of the modification.