Surface Mine Safety RegulationSurface Mine Safety Regulation25 PA Code Chapter 209 25 PA Code Chapter 209

Surface Mine Safety in PASurface 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.

Accidents can and do happen.Accidents can and do happen.

• Mining continues to be a dangerous occupation.

• Mining accidents continue to occur in Pennsylvania.

PA SURFACE MINE PA SURFACE MINE FATALTIESFATALTIES

• 2004 1 Coal, 3 Non-Coal

• 2005 1 Coal, 1 Non-Coal

• 2006 0 Coal, 2 Non-Coal

• 2007 0 Coal, 1 Non-Coal

Changes were made because: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.

Revisions to Chapter 209Revisions 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 Administration’s ( (MSHA) 30 CFR by reference.

Adoption of Portions of 30 CFRAdoption of Portions of 30 CFR

• 30 CFR Part 56 – for noncoal.

• 30 CFR Part 77 – for coal and surface areas of

underground coal mines.

Adopting MSHA RegulationsAdopting MSHA Regulations

• Results:– replace antiquated regulations

– provide consistency between state and federal standards

– minimize operator costs

Which Sections to Adopt?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.

PADEP’s Surface Mining PADEP’s Surface Mining Conservation Inspectors (MCIs)Conservation Inspectors (MCIs)

• Currently, MCIs identify unsafe conditions and work with the operator to correct those conditions.

• The MCI’s ability to correct unsafe conditions is hampered by the limited scope of the current regulations.

Current AuthorityCurrent Authority

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

The Department is Adopting The Department is Adopting MSHA Regulations Regarding:MSHA Regulations Regarding:

• General safety at surface installations

• Safeguards for mechanical equipment

• General electrical equipment

• Ground control

• General competent persons provisions

The Department is Adopting The Department is Adopting MSHA Regulations RegardingMSHA 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.

Adopting MSHA Regulation Adopting MSHA Regulation SectionsSections

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

Department Mine Department Mine Conservation InspectorsConservation 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.

The Department and The Department and MSHAMSHA

• 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.

The Department's The Department's ApproachApproach

• 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.

Additional InspectionsAdditional 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.

CommentersCommenters

• ESSROC Cement Corporation

• Independent Regulatory Review Commission

CommentsComments

• 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.

CommentsComments• 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.

Changes MadeChanges 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.

Responses to CommentsResponses 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.

MRAB MEETINGMRAB 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.

After the Regulations are After the Regulations are ApprovedApproved

• Safety Inspection Form will be developed.

• The new regulations will be reviewed with Department MCIs and training will be provided.

Safety Inspection FormSafety Inspection Form

Will help the MCIs:– Focus on the areas covered by the

regulations

– Quickly look up the specific regulation they need

MCI TrainingMCI TrainingTo 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.

Thank You!Thank You!

J. Scott Roberts – Deputy Secretary, Mineral ResourcesJ. Scott Roberts – Deputy Secretary, Mineral ResourcesJoe Pizarchik – Bureau Director, Mining and ReclamationJoe Pizarchik – Bureau Director, Mining and Reclamation

William Allen – Division Chief, Monitoring and ComplianceWilliam Allen – Division Chief, Monitoring and ComplianceMarc Roda – Legal CounselMarc Roda – Legal Counsel