Surface%20Mine%20Safety%20Regulation%2025%20PA%20Code%20Chapter%20209

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Surface Mine Safety Regulation25 PA Code Chapter
209
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Surface Mine Safety in PA

• Many mine sites have safety programs with
  designated safety personnel.
• Many mines have been operated for long periods of
  time without any accidents.

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Accidents can and do happen.

• Mining continues to be a dangerous occupation.
• Mining accidents continue to occur in
  Pennsylvania.

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PA SURFACE MINE FATALTIES

• 2004 1 Coal, 3 Non-Coal
• 2005 1 Coal, 1 Non-Coal
• 2006 0 Coal, 2 Non-Coal
• 2007 0 Coal, 1 Non-Coal

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Changes were made because

• Mine safety is a priority.
• Existing surface mine safety regulations
• Only apply to bituminous coal mines
• Are antiquated.
• No safety regulations for anthracite or
  industrial minerals surface mines.

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Revisions to Chapter 209

• Delete the existing provisions and adopt new
  standards for coal and industrial mineral surface
  mines.
• Adopt some of the safety standards contained in
  Mine Safety and Health Administrations (MSHA) 30
  CFR by reference.

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Adoption of Portions of 30 CFR

• 30 CFR Part 56
• for noncoal.
• 30 CFR Part 77
• for coal and surface areas of underground coal
  mines.

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Adopting MSHA Regulations

• Results
• replace antiquated regulations
• provide consistency between state and federal
  standards
• minimize operator costs

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Which Sections to Adopt?

• Other Factors Considered in Decision
• Conditions that Mine Conservation Inspectors
  (MCIs) have the expertise to evaluate.
• Activities that occur within the areas normally
  visited during MCI inspections.

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PADEPs Surface Mining Conservation Inspectors
(MCIs)

• Currently, MCIs identify unsafe conditions and
  work with the operator to correct those
  conditions.
• The MCIs ability to correct unsafe conditions is
  hampered by the limited scope of the current
  regulations.

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Current Authority

• The existing PADEP regulations differ from MSHA
  regulations and are not nearly as comprehensive.

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The Department is Adopting MSHA Regulations
Regarding

• General safety at surface installations
• Safeguards for mechanical equipment
• General electrical equipment
• Ground control
• General competent persons provisions

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The Department is Adopting MSHA Regulations
Regarding

• General fire protection
• Auger mining
• Loading and haulage
• Miscellaneous items such as general emergency
  communication, smoking prohibition, protective
  clothing, daily inspections, and accident
  reporting.

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Adopting MSHA Regulation Sections

• The changes to Chapter 209 adopt approximately
  130 of 700 sections of MSHA's 30 CFR.

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Department Mine Conservation Inspectors

• MCIs are safety generalists vs. MSHA inspectors
  are safety specialists.
• MCIs conduct safety inspections as part of their
  routine environmental inspections.
• MCIs focus their safety inspections on areas
  within the scope of their expertise.

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The Department and MSHA

• Department MCI's will work closely with MSHA to
  ensure consistent interpretations of rules.
• Prior to implementation, the Department will
  provide sufficient training to MCIs regarding
  which MSHA regulations are being incorporated.

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The Department's Approach

• Department emphasis on prevention
• compliance assistance is the primary method of
  making mine sites more safe.
• Department compliance/enforcement efforts will
  follow current program-wide policies and
  procedures.

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Additional Inspections

• MSHA Inspectors usually visit mine sites twice a
  year.
• MCIs conduct inspections in addition to MSHA
  safety inspections.
• Additional inspection helps keep the focus on
  safety.

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Commenters

• ESSROC Cement Corporation
• Independent Regulatory Review Commission

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Comments

• Reporting All Accidents as proposed (including
  minor accidents and occupational injuries) would
  be overly burdensome
• Pending requests for Alternative Health and
  Safety Standards need to be addressed.

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Comments

• Compliance assistance should be explained.
• How the Department selected provisions of the
  MSHA regulations to adopt needs further
  explanation.
• Access to documents is too general.

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Changes Made

• The accident definition (209a.42(a)) was changed
  to clarify that only serious accidents need to be
  reported.
• A provision to provide a process to accept
  pending requests for Alternative Health and
  Safety Standards (209a.43 (b)) was added.

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Responses to Comments

• Further explanation is in the final preamble
  regarding
• Compliance assistance
• Selection of adopted sections
• Access to records
• The Department concluded that it was important to
  retain access to all available records in the
  event they are needed for an investigation.

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MRAB MEETING

• The Mining and Reclamation Advisory Board (MRAB)
  was briefed on the comments proposed
  adjustments at the January 10, 2008 meeting.
• The MRAB supported the rulemaking and recommended
  DEP proceed with changes made in response to
  comments.

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After the Regulations are Approved

• Safety Inspection Form will be developed.
• The new regulations will be reviewed with
  Department MCIs and training will be provided.

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Safety Inspection Form

• Will help the MCIs
• Focus on the areas covered by the regulations
• Quickly look up the specific regulation they need

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MCI Training

• To ensure regulatory consistency between PADEP
  and MSHA
• MSHA's interpretation of the regulations will be
  explained to MCIs
• Specific items in the regulations, such as
  equipment safety and highwall stability, will be
  covered.

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Thank You!
J. Scott Roberts Deputy Secretary, Mineral
ResourcesJoe Pizarchik Bureau Director, Mining
and ReclamationWilliam Allen Division Chief,
Monitoring and ComplianceMarc Roda Legal
Counsel