PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CHS. 209 AND 209a]
Coal Mines
[37 Pa.B. 4754]
[Saturday, September 1, 2007]The Environmental Quality Board (Board) proposes to rescind Chapter 209 (relating to coal mines) and add Chapter 209a (relating to surface mining) to read as set forth in Annex A. The proposed rulemaking revokes existing, antiquated anthracite and bituminous safety regulations and replaces them with selected Federal safety regulations that will be adopted by reference. In addition, selected Federal safety regulations for industrial mineral mines will be adopted by reference.
This proposed rulemaking was adopted by the Board at its meeting of May 16, 2007.
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 G. Pizarchik, Director, Bureau of Mining and Reclamation, P. O. Box 8461, Rachel Carson State Office Building, Harrisburg, PA 17105-8461, (717) 787-5103; or Marc Roda, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) website: www.dep.state. pa.us.
C. Statutory Authority
The amendments are proposed under the authority of:
1. Section 4.2 of the Surface Mining Conservation and Reclamation Act (SMCRA) (52 P. S. § 1396.4b) and section 11(a) of the Noncoal Surface Mining Conservation and Reclamation Act (NSMCRA) (52 P. S. § 3311(a)), which authorize the Department to promulgate regulations for the health and safety of those persons engaged in surface mining and for the protection of the general public.
2. Section 2(f) of the General Safety Law (43 P. S. § 25-2(f)), which requires, inter alia, operators of surface industrial mineral mines to adopt measures to protect persons working therein.
3. Sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20), which authorize the Board to adopt regulations to prevent the occurrence of a nuisance and to promulgate rules and regulations necessary for the proper work of the Department.
D. Background and Purpose
The Department's surface mine safety program is implemented through surface mining conservation inspectors. As part of the mine inspection, the inspector identifies unsafe conditions and works with the operator to correct those conditions before an accident occurs. The inspector's ability to identify and correct unsafe conditions is hampered by the inadequacy of the surface mining safety regulations in Chapter 209. Chapter 209, Subchapter A (relating to general safety in bituminous coal strip mines) is antiquated and differs from safety requirements established by the United States Department of Labor, Mine Safety and Health Administration (MSHA). This difference in standards is a source of confusion and jeopardizes safety at bituminous surface mines. Other than for blasting, there are no Department safety regulations for anthracite surface mines. Chapter 209, Subchapter B (relating to explosives in anthracite coal strip mines) is not only out-of-date, but also redundant. The use, storage and handling of explosives at anthracite surface mines is addressed by Chapters 88 and 211 (relating to anthracite coal; and storage, handling and use of explosives). There are no Department regulations specifying safety standards for surface industrial mineral mines.
This proposed rulemaking implements the Rendell Administration's initiative that the Department develop a ''world class mine safety program.'' To implement this initiative, it is proposed to rescind Chapter 209 and add new standards for coal and industrial mineral surface mines in Chapter 209a. For the most part, the proposed rulemaking adopts by reference MSHA safety standards in 30 CFR Parts 56 and 77 (relating to safety and health standards-surface metal and nonmetal mines; and mandatory safety standards, surface coal mines and surface work areas of underground coal mines). By adopting the MSHA standards, the Department's safety standards are modernized and additional costs on operators are minimized. Finally, by eliminating inconsistencies between the Department's standards and the MSHA standards, the possibility for confusion in the field is minimized.
In proposing these amendments, the Department's goal is to provide the most improved safety at surface mines in this Commonwealth in the most cost effective and the least intrusive manner. The provisions of the MSHA regulations adopted by this proposed rulemaking are those that address the most significant risk to surface miners in this Commonwealth.
In 1999, the Pennsylvania State University (PSU) published a report entitled ''Safety Conditions in Small Surface Bituminous Coal Mines in Pennsylvania.'' This report analyzed MSHA safety records for 1991--1996. The report's findings verify that the Department has selected the appropriate areas to emphasize for safety improvement.
Most of the MSHA violations identified by the PSU study fall within the substantive areas to be covered by these regulations. The substantive areas identified by the study are:
* Failure to maintain machinery or equipment in safe operating condition.
* Operation of equipment, which is not in a safe operating condition.
* Neglect in housekeeping.
* Fire hazards and failure to maintain firefighting equipment.
Even though the Department is not adopting all of the MSHA health and safety standards, the Department's inspectors will assist the operators in ensuring compliance with the MSHA regulations. If a Pennsylvania inspector observes a violation of a MSHA safety regulation that the Commonwealth has not adopted, the Pennsylvania inspector will, as part of the Department's compliance assistance program, point out the condition and explain that it is a violation of a MSHA regulation and needs to be addressed.
On most surface mine sites, the Department conducts inspections more frequently than the MSHA. Effective safety programs rely on the principles of prevention and providing constant reminders of hazards to avoid complacency. With the proposed regulations in place, the higher awareness provided by the Department's inspections will help prevent accidents and result in a safer work environment at surface mines in this Commonwealth.
Interested permittees helped identify the concepts in this proposed rulemaking. In addition, the Department held 13 informational meetings attended by operators/management, consultants and miners. The following concerns and recommendations were discussed at the informational meetings:
1. The potential for the Department's interpretation or enforcement of a health or safety standard being inconsistent with the MSHA's interpretation or enforcement of the same health or safety standard.
2. The Department should not routinely notify the MSHA of violations or vice versa for the purpose of assessing penalties.
3. The Department's inspectors should be adequately trained in the MSHA health and safety standards prior to commencing enforcement.
4. If the surface mining safety regulations are to be upgraded, then adopting by reference the MSHA safety regulations is preferred to the Commonwealth creating regulations.
5. The Department should use proactive compliance assistance with emphasis on preventing accidents and use existing enforcement procedures rather than creating new ones or adopting the MSHA's enforcement procedures.
6. Accidents often result from conditions that may not be present or noticeable during the course of a routine Department inspection. Therefore, the Department should focus on outreach and training in addition to inspection and enforcement. The Department should develop an outreach program that emphasizes hazard recognition and is pertinent to specific jobs performed within a mine, for example, training workers who frequently work near highwalls to recognize signs of highwall instability.
At its meeting of January 25, 2007, the Mining and Reclamation Advisory Board (MRAB) considered this proposed rulemaking, as it applies to surface coal mining. The MRAB unanimously recommended that the Department move forward with the proposed rulemaking.
E. Summary of Regulatory Requirements
This proposed rulemaking rescinds Chapter 209 and adds Chapter 209a, Subchapters A--C (relating to surface coal mines; surface noncoal mines; and miscellaneous provisions).
Subchapter A. Surface Coal Mines
This subchapter specifies the safety standards applicable to surface mining activities as defined in the SMCRA. See § 209a.1 (relating to applicability). Tying this subchapter's applicability to surface mining activities as defined in the SMCRA ensures consistency in the scope of the safety and environmental programs.
§ 209a.2. Definitions.
The definitions of ''active workings,'' ''berm'' and ''roll protection'' in 30 CFR 77.2 (relating to definitions) are incorporated by reference. Of the terms defined in 30 CFR 77.2, only these three terms are used in the provisions in 30 CFR Part 77 that are incorporated by reference into Subchapter A.
''Competent person'' is not in 30 CFR Part 77. Some of the MSHA regulations adopted by reference address specified duties, for example, preshift inspections, to be performed by a person possessing a certificate of qualification. Rather than creating a certification program, the Department is requiring these duties to be performed by a competent person. See § 209a.13 (relating to competent person).
§ 209a.3. Surface installations.
Nine of the regulations in 30 CFR Part 77, Subpart C (relating to surface installations) are incorporated by reference into Subchapter A. These regulations address the following issues: general requirements; safeguards to protect persons below overhead work areas; protection to prevent persons from falling in openings in surface work areas; the installation and maintenance of travelways in work areas; the installation and maintenance of ladders; illuminating the work area; storing materials at the surface installation; surge and storage piles; and hoisting of materials.
§ 209a.4. Safeguards for mechanical equipment.
Seven of the regulations in 30 CFR Part 77, Subpart E (relating to safeguards for mechanical equipment) are incorporated by reference into Subchapter A. These regulations address the following issues: falling object protective structures on mobile equipment; roll over protective structures on mobile equipment; the incorporation by reference of non-MSHA publications; the operation and maintenance of equipment; safeguards for persons working on or around raised equipment; the operation of shovels, draglines and tractors; and warning devices on mobile equipment.
§ 209a.5. Electrical equipment general.
Two of the regulations in 30 CFR Part 77, Subpart F (relating to electrical equipment general) are incorporated by reference into Subchapter A. These regulations address deenergizing electrical equipment prior to repair and repairing electrical distribution circuits and equipment.
§ 209a.6. Trailing cables.
The requirement that trailing cables are to be protected to prevent damage from mobile equipment in 30 CFR 77.604 (relating to protection of trailing cables) is incorporated by reference into Subchapter A.
§ 209a.7. Surface high-voltage distribution.
Three of the regulations in 30 CFR Part 77, Subpart I (relating to surface high-voltage distribution) are incorporated by reference into Subchapter A. These regulations address the following issues: the clearance above the ground of high-voltage distribution lines; the minimum distance that booms and masts are to be from high-voltage lines; and precautions to be taken when moving equipment in proximity to high-voltage lines.
§ 209a.8. Ground control.
Nine of the regulations in 30 CFR Part 77, Subpart K (relating to ground control) are incorporated by reference into Subchapter A. These regulations address the following issues: the removal of loose material from highwalls; preventing of spoil material entering the pit; the use of benches to stabilize a highwall; the inspection and maintenance of highwalls, banks, benches and sloping terrain; the removal of loose rock from highwalls; persons working at highwalls; the inspection of drilling equipment; the movement of drilling equipment; and the operation of drilling equipment.
§ 209a.9. Fire protection.
Ten of the regulations in 30 CFR Part 77, Subpart L (relating to fire protection) are incorporated by reference into Subchapter A. These regulations address the following issues: the posting of signs warning against smoking or open flames; the storage of flammable liquids; the accumulation of combustible materials; the fueling of internal combustion engines; the provision of firefighting equipment; the type and capacity of fire fighting equipment; the location of fire fighting equipment; the examination and maintenance of fire fighting equipment; placing fire extinguishers where welding, cutting or soldering is occurring; and the safeguards to be taken when welding, cutting or soldering.
§ 209a.10. Auger mining.
Subsection (a) incorporates by reference into Subchapter A four of the regulations in 30 CFR Part 77, Subpart P (relating to auger mining). These regulations address the following issues: preventing the auger mining from posing a hazard to an adjacent underground mine; inspection of mining operation; safeguards to protect workers from falling rock; and operation of auger equipment.
Subsection (b) establishes minimum requirements for using benches to stabilize the highwall. The Department has the authority, on a case-by-case basis, to require more stringent benching requirements. Also, on a case-by-case basis, operators can request the Department to approve less stringent benching requirements.
The MSHA regulations do not contain specific requirements for using benches to stabilize a highwall. This is because the MSHA regulations apply Nationally to a variety of different geologic conditions. The use of benches to stabilize the highwall is to be described in the ground control plan, required by 30 CFR 77.1000 (relating to highwalls, pits and spoil bank; plans). In this Commonwealth, the geologic conditions in the bituminous coal field are so that strata are near horizontal and the rock types are limited to a few types. Because of this, the geologic conditions are generally predictable making it reasonable to specify minimum benching standards that can be varied on a case-by-case basis, to ensure highwall stability.
Auger mining in the anthracite coal fields is uncommon. Subsection (c) describes the requirements for auger mining in the anthracite coal fields, where the geology is complex.
§ 209a.11. Loading and haulage.
Four of the regulations in 30 CFR Part 77, Subpart Q (relating to loading and haulage) are incorporated by reference into Subchapter A. These regulations address the following issues: general requirements; installation of safeguards on haulage and loading equipment; operation of loading and haulage equipment; and safeguards at dumping facilities.
§ 209a.12. Miscellaneous.
Six of the regulations in 30 CFR Part 77, Subpart R (relating to miscellaneous) are incorporated by reference into Subchapter A. These regulations address the following issues: communications in work areas; emergency communications; first aid equipment; the use of protective clothing; prohibition against smoking; and daily inspection of surface coal mines.
Subchapter B. Surface Noncoal Mines
This subchapter applies to ''surface mines'' as defined in the NSMCRA. See § 209a.21 (relating to applicability). Tying this subchapter's applicability to the definition of ''surface mine'' in the NSMCRA ensures that the safety and environmental programs apply to the same facilities.
§ 209a.22. Definitions.
This section adopts by reference the nine terms defined in 30 CFR 56.2 (relating to definitions) that are used in the MSHA regulations adopted by reference into Subchapter B. These terms are ''berm, '' ''competent person,'' ''face or bank,'' ''flammable,'' ''mobile equipment,'' ''multipurpose dry-chemical fire extinguisher,'' ''roll protection,'' ''scaling'' and ''working place.''
§ 209a.23. Ground control.
Seven of the regulations in 30 CFR Part 56, Subpart B (relating to ground control) are incorporated by reference into Subchapter B. These regulations address the following issues: the definition of travelway; the stability of walls, banks and slopes; the perimeter of the pit or quarry wall; the correction of hazardous conditions; the location for performing scaling; the examination of ground stability conditions; and the movement of persons between equipment and highwalls or banks.
§ 209a.24. Fire prevention and control.
Four of the regulations in 30 CFR Part 56, Subpart C (relating to fire prevention and control) and incorporated by reference into Subchapter B. These regulations address the following issues: restrictions on where smoking or the use of open flames can occur; precautions to be taken when fueling internal combustion engines; general requirements for firefighting equipment; and firefighting equipment on self-propelled equipment.
§ 209a.25. Drilling and rotary jet piercing.
Ten of the regulations in 30 CFR Part 56, Subpart F (relating to drilling and rotary jet piercing) are incorporated by reference into Subchapter B. These regulations address the following issues: the maintenance of defective equipment; the inspection of drilling areas; persons working on a drill mast; working around augers and drill stems; moving the drill; supervision of drill helper by drill operator; tending drills in operation; securing loose objects on masts or drill platforms; restrictions on where persons may be positioned while drilling; and restrictions on drilling where there is a possibility of intersecting a hole containing explosives.
§ 209a.26. Loading, hauling and dumping.
Sixteen of the regulations in 30 CFR Part 56, Subpart H (relating to loading, hauling, and dumping) are incorporated by reference into Subchapter B. These regulations address the following issues: traffic control; controlling mobile equipment; loading and hauling large rocks; the design and construction of berms and guardrails; dumpsite restraints; the construction of ramps and dumping facilities; unstable ground at dumpsites; using spotters to direct trucks at dumpsites; devices for warning drivers of mobile equipment of hazards due to restricted clearances; safeguards for persons working around draw holes; the maintenance of roadways; the shaping of stockpiles and muck pile faces to prevent hazards; controlling dust to prevent hazardous conditions due to low visibility; notifying the operator of self-propelled equipment that someone is either getting on or off that equipment; traveling beneath suspended loads; and persons getting on or off moving equipment.
§ 209a.27. Electricity.
Three of the regulations in 30 CFR Part 56, Subpart K (relating to electricity) are incorporated by reference into Subchapter B. These regulations address the following issues: ensuring that power conductors will not be damaged if they are run over by mobile equipment; measures to be taken to ensure that electrical equipment is deenergized and remains deenergized while being worked on; and precautions to be taken while moving equipment near high-voltage power lines.
§ 209a.28. Machinery and equipment.
Seventeen of the regulations in 30 CFR Part 56, Subpart M (relating to machinery and equipment) are incorporated by reference into Subchapter B. These regulations address the following issues: definitions of terms that are specific to 30 CFR Part 56, Subpart M and that are used in regulations adopted by reference into this section; examining for, correcting and recording safety defects in machinery and equipment; the maintenance of operator's stations, including windows, on self-propelled mobile equipment; procedures to be followed when repairing or maintaining machinery or equipment; falling object protection structures on self-propelled mobile equipment; the use of guards to protect persons from moving machine parts; the construction and maintenance of guards; using roll over protective structures and seat belts on certain types of equipment; seat belts for haulage trucks; horns and backup alarms; sounding an audible warning before starting equipment; the safe lubrication of machinery; the proper use of machinery, equipment and tools; immobilizing the moving parts on mobile equipment; safeguards for unattended parked mobile equipment; restrictions on moving dippers, buckets, loading booms or suspended loads over operator's stations on self-propelled mobile equipment; and securing raised equipment when someone is working near it.
§ 209a.29. Personal protection.
Eight of the regulations in 30 CFR Part 56, Subpart N (relating to personal protection) are incorporated by reference into Subchapter B. These regulations address the following issues: first aid materials; hard hats; protective footwear; eye protection; the use of safety belts and lines; protective equipment and clothing for hazards and irritants; protective equipment or clothing for welding, cutting or working with molten metal; and life jackets and belts.
§ 209a.30. Materials storage and handling.
Three of the regulations in 30 CFR Part 56, Subpart O (relating to materials storage and handling) are incorporated by reference into Subchapter B. These regulations address the following issues: taglines, hitches and slings; keeping persons clear of suspended loads; and clearing the drop area before dropping materials.
§ 209a.31. Illumination.
The requirement to illuminate surface working areas in 30 CFR 56.17001 (relating to illumination of surface working areas) is incorporated by reference into Subchapter B.
§ 209a.32. Safety programs.
Three of the regulations in 30 CFR Part 56, Subpart Q (relating to safety programs) are incorporated by reference into Subchapter B. These regulations address the following issues: examination of working places; provision of an emergency communication system; and prohibitions on working alone.
§ 209a.33. Miscellaneous provisions.
Two of the regulations in 30 CFR Part 56, Subpart S (relating to miscellaneous) are incorporated by reference into this subchapter. These regulations address housekeeping requirements and the use of barricades and warning signs to protect persons from hazards that are not immediately obvious.
Subchapter C. Miscellaneous Provisions
The regulations in this subchapter apply to both surface coal mining activities as defined in the SMCRA and surface mines as defined in the NSMCRA. (See § 209a.41 (relating to applicability).)
§ 209a.42. Accident reporting.
This section addresses accident reporting requirements. The types of events constituting an accident are defined in subsection (a). These definitions are taken from 30 CFR 50.2 (relating to definitions). Subsection (b) requires the operator to notify the Department within 1 hour of the occurrence of an accident. Finally, subsection (c) requires the operator to submit to the Department a copy of the accident reports submitted to MSHA.
§ 209a.43. Alternative standards.
This section establishes the mechanism by which the Department adopts a mine specific modification of the MSHA standards that have been incorporated by reference into this chapter. For modifications approved when this proposed rulemaking is adopted, the operator must notify the Department of MSHA approval. For modifications requested after the adoption of this proposed rulemaking, the operator shall give the Department a copy of the petition and all supporting materials when they are submitted to MSHA and notify the Department of the MSHA approval.
§ 209a.44. Access to records.
This section gives the Department access to review and copy documents required by MSHA.
F. Benefits, Costs and Compliance
Compliance Costs
This proposed rulemaking will not impose additional compliance costs on the regulated community. Surface mines in this Commonwealth must already comply with these Federal safety regulations. In fact, the implementation of this proposed rulemaking should result in cost savings in that accidents will be prevented.
Compliance Assistance Plan
The Department will explain to each job foreman the changes in the regulations.
Paperwork requirements
This proposed rulemaking establishes two paperwork requirements. First, there is a requirement to submit to the Department copies of the documentation in support of a request to the MSHA for a modification of a health and safety standard that has been incorporated by reference into this proposed rulemaking. Second, there is the requirement to submit to the Department the same accident reports submitted to the MSHA. The only cost to the operator is the cost of copying and mailing these documents to the Department.
G. Pollution Prevention
The proposed rulemaking will not modify the pollution prevention approach by the regulated community and maintains the multimedia pollution prevention approach of existing requirements in 25 Pa. Code (relating to environmental protection).
H. Sunset Review
The 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.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 16, 2007, 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 Chairpersons of 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.
J. 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, 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 by October 1, 2007. 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 October 1, 2007. 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 regulation will be considered.
Electronic comments. Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by October 1, 2007. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-414. 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 209. (Reserved) (Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete the text of Chapter 209, which currently appears in 25 Pa. Code pages 209-1--209-23, serial pages (243435) to (243457).)
§§ 209.1--209.3. (Reserved).
§§ 209.11--209.13. (Reserved).
§§ 209.21--209.27. (Reserved).
§§ 209.31--209.35. (Reserved).
§§ 209.41--209.47. (Reserved).
§§ 209.51--209.65. (Reserved).
§§ 209.71--209.77. (Reserved).
§§ 209.81--209.87. (Reserved).
§§ 209.91--209.93. (Reserved).
§§ 209.101--209.103. (Reserved).
§§ 209.111--209.115. (Reserved).
§ 209.121. (Reserved).
§ 209.122. (Reserved).
§§ 209.141--209.145. (Reserved).
§§ 209.151--209.154. (Reserved).
§§ 209.161--209.172. (Reserved).
§§ 209.181--209.187. (Reserved).
§§ 209.191--209.193. (Reserved).
§§ 209.201--209.203. (Reserved).(Editor's Note: The following chapter is new. It has been printed in regular type to enhance readability.)
CHAPTER 209a. SURFACE MINING Subchap.
A. SURFACE COAL MINES B. SURFACE NONCOAL MINES C. MISCELLANEOUS PROVISIONS
Subchapter A. SURFACE COAL MINES Sec.
209a.1. Applicability. 209a.2. Definitions. 209a.3. Surface installations. 209a.4. Safeguards for mechanical equipment. 209a.5. Electrical equipment general. 209a.6. Trailing cables. 209a.7. Surface high-voltage distribution. 209a.8. Ground control. 209a.9. Fire protection. 209a.10. Auger mining. 209a.11. Loading and haulage. 209a.12. Miscellaneous. 209a.13. Competent person. § 209a.1. Applicability.
This subchapter applies to surface mining activities as defined in section 3 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.3).
§ 209a.2. Definitions.
The following terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1) The meanings for the terms ''active workings,'' ''berm'' and ''roll protection'' contained in 30 CFR 77.2(a), (d) and (w) (relating to definitions) are incorporated by reference.
(2) Competent person--A person having abilities and experience that fully qualify him to perform the duty to which he is assigned.
§ 209a.3. Surface installations.
The following provisions of 30 CFR Part 77, Subpart C (relating to surface installations) are incorporated by reference:
(1) Section 77.200 (relating to surface installations; general).
(2) Section 77.203 (relating to use of material or equipment overhead; safeguards).
(3) Section 77.204 (relating to openings in surface installations; safeguards).
(4) Section 77.205 (relating to travelways at surface installations).
(5) Section 77.206 (relating to ladders; construction; installation and maintenance).
(6) Section 77.207 (relating to illumination).
(7) Section 77.208 (relating to storage of materials).
(8) Section 77.209 (relating to surge and storage piles).
(9) Section 77.210 (relating to hoisting of materials).
§ 209a.4. Safeguards for mechanical equipment.
The following provisions of 30 CFR Part 77, Subpart E (relating to safeguards for mechanical equipment) are incorporated by reference:
(1) Section 77.403 (relating to mobile equipment; falling object protective structures (FOPS)).
(2) Section 77.403-1 (relating to mobile equipment; rollover protective structures (ROPS)).
(3) Section 77.403-2 (relating to incorporation by reference).
(4) Section 77.404 (relating to machinery and equipment; operation and maintenance).
(5) Section 77.405 (relating to performing work from a raised position; safeguards).
(6) Section 77.409 (relating to shovels, draglines, and tractors).
(7) Section 77.410 (relating to mobile equipment; automatic warning devices).
§ 209a.5. Electrical equipment general.
The following provisions of 30 CFR Part 77, Subpart F (relating to electrical equipment--general) are incorporated by reference:
(1) Section 77.500 (relating to electric power circuits and electric equipment; deenergization).
(2) Section 77.501 (relating to electric distribution circuits and equipment; repair).
§ 209a.6. Trailing cables.
30 CFR 77.604 (relating to protection of trailing cables) is incorporated by reference.
§ 209a.7. Surface high-voltage distribution.
The following provisions of 30 CFR Part 77, Subpart I (relating to surface high-voltage distribution) are incorporated by reference:
(1) Section 77.807-1 (relating to high-voltage powerlines; clearances above ground).
(2) Section 77.807-2 (relating to booms and masts; minimum distance from high-voltage lines).
(3) Section 77.807-3 (relating to movement of equipment; minimum distance from highvoltage lines).
§ 209a.8. Ground control.
The following provisions of 30 CFR Part 77, Subpart K (relating to ground control) are incorporated by reference:
(1) Section 77.1001 (relating to stripping; loose material).
(2) Section 77.1002 (relating to box cuts; spoil material placement).
(3) Section 77.1003 (relating to benches).
(4) Section 77.1004 (relating to ground control; inspection and maintenance; general).
(5) Section 77.1005 (relating to scaling highwalls; general).
(6) Section 77.1006 (relating to highwalls; men working).
(7) Section 77.1007 (relating to drilling; general).
(8) Section 77.1008 (relating to relocation of drills; safeguards).
(9) Section 77.1009 (relating to drill; operation).
§ 209a.9. Fire protection.
The following provisions of 30 CFR Part 77, Subpart L (relating to fire protection) are incorporated by reference:
(1) Section 77.1102 (relating to warning signs; smoking and open flame).
(2) Section 77.1103 (relating to flammable liquids; storage).
(3) Section 77.1104 (relating to accumulations of combustible materials).
(4) Section 77.1105 (relating to internal combustion engines; fueling).
(5) Section 77.1108 (relating to firefighting equipment; requirements; general).
(6) Section 77.1108-1 (relating to type and capacity of firefighting equipment).
(7) Section 77.1109 (c)--(e) (relating to quantity and location of firefighting equipment).
(8) Section 77.1110 (relating to examination and maintenance of firefighting equipment).
(9) Section 77.1111 (relating to welding, cutting, soldering; use of fire extinguisher).
(10) Section 77.1112(a) (relating to welding, cutting, or soldering with arc or flame; safeguards).
§ 209a.10. Auger mining.
(a) The following provisions of 30 CFR Part 77, Subpart P (relating to auger mining) are incorporated by reference:
(1) Section 77.1500 (relating to auger mining; planning).
(2) Section 77.1501 (relating to auger mining; inspections).
(3) Section 77.1503 (relating to augering equipment; overhead protection).
(4) Section 77.1504 (relating to auger equipment; operation).
(b) At a minimum, a highwall proposed for auger mining of bituminous coal shall be benched at the base of each overlying coal seam. In addition, if the height of the highwall, either between two coal seams or to the surface if there is no overlying coal seam, exceeds 60 feet, the highwall shall be benched at no more than 50 feet above the bottom coal seam. Additional benches may be required to ensure the stability of the highwall. The Department of Environmental Protection may authorize alternative bench locations if the operator demonstrates that the alternative locations are at least as effective at ensuring the highwall stability as otherwise required by this section. In making this demonstration the operator, at a minimum, shall take into account geologic, seasonal and weather conditions; presence of groundwater and other factors that may affect the stability of the highwall.
(c) For auger mining in the anthracite coal fields, if the height of the overburden above the auger area exceeds 60 feet, the overburden shall be benched at no more than 50 feet above the coal seam being augered. Additional benches may be required to ensure the stability of the overburden above the auger area. The Department may authorize alternative bench locations if the operator demonstrates that the alternative locations are at least as effective at ensuring the stability as otherwise required by this section. In making this demonstration the operator, at a minimum, shall take into account geologic, seasonal and weather conditions; presence of groundwater, and other factors that may affect the stability of the overburden above the coal seam being augered.
§ 209a.11. Loading and haulage.
The following provisions of 30 CFR Part 77, Subpart Q (relating to loading and haulage) are incorporated by reference:
(1) Section 77.1600 (relating to loading and haulage; general).
(2) Section 77.1605(a), (b), (d), (k) and (l) (relating to loading and haulage equipment; installations).
(3) Section 77.1607(a)--(u), (x) and (bb)--(ee) (relating to loading and haulage equipment; operation).
(4) Section 77.1608 (relating to dumping facilities).
§ 209a.12. Miscellaneous.
The following provisions of 30 CFR Part 77, Subpart R (relating to miscellaneous) are incorporated by reference:
(1) Section 77.1700 (relating to communications in work areas).
(2) Section 77.1701 (relating to emergency communications; requirements).
(3) Section 77.1707 (relating to first aid equipment; location; minimum requirements).
(4) Section 77.1710 (relating to protective clothing; requirements).
(5) Section 77.1711 (relating to smoking prohibition).
(6) Section 77.1713 (relating to daily inspection of surface coal mine; certified person; reports of inspection).
§ 209a.13. Competent person.
Any provision of 30 CFR Part 77 incorporated by reference in this subchapter requiring that a duty be carried out by a certified person is amended to require that duty to be carried out by a competent person.
Subchapter B. SURFACE NONCOAL MINES Sec.
209a.21. Applicability. 209a.22. Definitions. 209a.23. Ground control. 209a.24. Fire prevention and control. 209a.25. Drilling and rotary jet piercing. 209a.26. Loading, hauling and dumping. 209a.27. Electricity. 209a.28. Machinery and equipment. 209a.29. Personal protection. 209a.30. Materials storage and handling. 209a.31. Illumination. 209a.32. Safety programs. 209a.33. Miscellaneous. § 209a.21. Applicability.
This subchapter applies to surface mining as defined in section 3 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3303).
§ 209a.22. Definitions.
The following words and terms, when used in this subchapter, have the meaning given to them in 30 CFR 56.2 (relating to definitions), unless the context clearly indicates otherwise:
(1) Berm.
(2) Competent person.
(3) Face or bank.
(4) Flammable.
(5) Mobile equipment.
(6) Multipurpose dry-chemical fire extinguisher.
(7) Roll protection.
(8) Scaling.
(9) Working place.
§ 209a.23. Ground control.
The following provisions of 30 CFR Part 56, Subpart B (relating to ground control) are incorporated by reference:
(1) Section 56.3000 (relating to definitions) in so far as it defines ''travelway.''
(2) Section 56.3130 (relating to wall, bank, and slope stability).
(3) Section 56.3131 (relating to pit or quarry wall perimeter).
(4) Section 56.3200 (relating to correction of hazardous conditions).
(5) Section 56.3201 (relating to location for performing scaling).
(6) Section 56.3401 (relating to examination of ground conditions).
(7) Section 56.3430 (relating to activity between machinery or equipment and the highwall or bank).
§ 209a.24. Fire prevention and control.
The following provisions of 30 CFR Part 56, Subpart C (relating to fire prevention and control) are incorporated by reference:
(1) Section 56.4100 (relating to smoking and use of open flames).
(2) Section 56.4103 (relating to fueling internal combustion engines).
(3) Section 56.4200 (relating to general requirements).
(4) Section 56.4230 (relating to self-propelled equipment).
§ 209a.25. Drilling and rotary jet piercing.
The following provisions of 30 CFR Part 56, Subpart F (relating to drilling and rotary jet piercing) are incorporated by reference:
(1) Section 56.7002 (relating to equipment defects).
(2) Section 56.7003 (relating to drill area inspection).
(3) Section 56.7004 (relating to drill mast).
(4) Section 56.7005 (relating to augers and drill stems).
(5) Section 56.7008 (relating to moving the drill).
(6) Section 56.7009 (relating to drill helpers).
(7) Section 56.7012 (relating to tending drills in operation).
(8) Section 56.7051 (relating to loose objects on the mast or drill platform).
(9) Section 56.7052 (relating to drilling positions).
(10) Section 56.7055 (relating to intersecting holes).
§ 209a.26. Loading, hauling and dumping.
The following provisions of 30 CFR Part 56, Subpart H (relating to loading, hauling, and dumping) are incorporated by reference:
(1) Section 56.9100 (relating to traffic control).
(2) Section 56.9101 (relating to operating speeds and control of equipment).
(3) Section 56.9202 (relating to loading and hauling large rocks).
(4) Section 56.9300 (relating to berms or guardrails).
(5) Section 56.9301 (relating to dump site restraints).
(6) Section 56.9303 (relating to construction of ramps and dumping facilities).
(7) Section 56.9304 (relating to unstable ground).
(8) Section 56.9305 (relating to truck spotters).
(9) Section 56.9306 (relating to warning devices for restricted clearances).
(10) Section 56.9312 (relating to working around drawholes).
(11) Section 56.9313 (relating to roadway maintenance).
(12) Section 56.9314 (relating to trimming stockpile and muckpile faces).
(13) Section 56.9315 (relating to dust control).
(14) Section 56.9316 (relating to notifying the equipment operator).
(15) Section 56.9317 (relating to suspended loads).
(16) Section 56.9318 (relating to getting on or off moving equipment).
§ 209a.27. Electricity.
The following provisions of 30 CFR Part 56, Subpart K (relating to electricity) are incorporated by reference:
(1) Section 56.12005 (relating to protection of power conductors from mobile equipment).
(2) Section 56.12016 (relating to work on electrically-powered equipment).
(3) Section 56.12071 (relating to movement or operation of equipment near high-voltage power lines).
§ 209a.28. Machinery and equipment.
The following provisions of 30 CFR Part 56, Subpart M (relating to machinery and equipment) are incorporated by reference.
(1) Section 56.14000 (relating to definitions).
(2) Section 56.14100 (relating to safety defects; examination, correction and records).
(3) Section 56.14103 (relating to operators stations).
(4) Section 56.14105 (relating to procedures during repairs or maintenance).
(5) Section 56.14106 (relating to falling object protection).
(6) Section 56.14107 (relating to moving machine parts).
(7) Section 56.14112 (relating to construction and maintenance of guards).
(8) Section 56.14130 (relating to roll-over protective structures (ROPS) and seat belts).
(9) Section 56.14131 (relating to seat belts for haulage trucks).
(10) Section 56.14132 (relating to horns and backup alarms).
(11) Section 56.14200 (relating to warnings prior to starting or moving equipment).
(12) Section 56.14204 (relating to machinery lubrication).
(13) Section 56.14205 (relating to machinery, equipment, and tools).
(14) Section 56.14206 (relating to securing movable parts).
(15) Section 56.14207 (relating to parking procedures for unattended equipment).
(16) Section 56.14210 (relating to movement of dippers, buckets, loading booms, or suspended loads).
(17) Section 56.14211 (relating to blocking equipment in a raised position).
§ 209a.29. Personal protection.
The following provisions of 30 CFR Part 56, Subpart N (relating to personal protection) are incorporated by reference:
(1) Section 56.15001 (relating to first-aid materials).
(2) Section 56.15002 (relating to hard hats).
(3) Section 56.15003 (relating to protective footwear).
(4) Section 56.15004 (relating to eye protection).
(5) Section 56.15005 (relating to safety belts and lines).
(6) Section 56.15006 (relating to protective equipment and clothing for hazards and irritants).
(7) Section 56.15007 (relating to protective equipment or clothing for welding, cutting, or working with molten metal).
(8) Section 56.15020 (relating to life jackets and belts).
§ 209a.30. Materials storage and handling.
The following provisions of 30 CFR Part 56, Subpart O (relating to materials storage and handling) are incorporated by reference:
(1) Section 56.16007 (relating to taglines, hitches, and slings).
(2) Section 56.16009 (relating to suspended loads).
(3) Section 56.16010 (relating to dropping materials from overhead).
§ 209a.31. Illumination.
The provisions of 30 CFR 56.17001 (relating to illumination of surface working areas) are incorporated by reference.
§ 209a.32. Safety programs.
The following provisions of 30 CFR Part 56, Subpart Q (relating to safety programs) are incorporated by reference:
(1) Section 56.18002 (relating to examination of working places).
(2) Section 56.18013 (relating to emergency communications system).
(3) Section 56.18020 (relating to working alone).
§ 209a.33. Miscellaneous.
The following provisions of 30 CFR Part 56, Subpart S (relating to miscellaneous) are incorporated by reference:
(1) Section 56.20003 (relating to housekeeping).
(2) Section 56.20011 (relating to barricades and warning signs).
Subchapter C. MISCELLANEOUS PROVISIONS Sec.
209a.41. Applicability. 209a.42. Accident reporting. 209a.43. Alternative standards. 209a.44. Access to records. § 209a.41. Applicability.
This subchapter applies to surface mining activities as defined in section 3 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.3) and to surface mining as defined in section 3 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3303).
§ 209a.42. Accident reporting.
(a) Unless the context clearly indicates otherwise, as used in this subchapter, an accident is an incident that results in one or more of the following:
(1) A death of an individual at a mine.
(2) An injury to a miner which occurs at a mine for which medical treatment is administered, or which results in loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties or transfer to another job.
(3) An entrapment of an individual for more than 30 minutes.
(4) An unplanned inundation of a mine by a liquid or gas.
(5) An unplanned ignition or explosion of gas or dust.
(6) An unplanned mine fire not extinguished within 30 minutes of discovery.
(7) An unplanned ignition or explosion of a blasting agent or an explosive.
(8) A failure of an impoundment, highwall, low wall, pile or bank or, an unstable condition at an impoundment, highwall, low wall, pile or bank which requires emergency action to prevent failure, or which causes individuals to evacuate an area.
(9) Death or bodily injury to an individual not at the mine.
(b) In the event of an accident occurring at a mine, an operator shall notify the Department no later than within 1 hour of discovery of the accident.
(c) In the event of an accident occurring at a mine, an operator shall send to the Department a copy of the completed Mine Accident, Injury and Illness Report Form 7000-1 required by 30 CFR 50.20 (relating to preparation and submission of MSHA Report Form 7000-1--Mine Accident, Injury, and Illness Report).
§ 209a.43. Alternative standards.
(a) If, as of ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking), 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, after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking), MSHA adopts 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 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 the MSHA approval of the modified safety and health standard.
§ 209a.44. Access to records.
The Department shall have access to review and copy all maps, plans, notifications, reports, training records, program descriptions or other materials prepared to comply with 30 CFR Parts 50, 56 and 77 (relating to notification, investigation, reports and records of accidents, injuries, illnesses, employment, and coal production in mines; safety and health standards--surface metal and nonmetal mines; and mandatory safety standards, surface coal mines and surface work areas of underground coal mines).
[Pa.B. Doc. No. 07-1612. Filed for public inspection August 31, 2007, 9:00 a.m.]
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