PROPOSED RULEMAKING
BOARD OF COAL
MINE SAFETY
[ 25 PA. CODE CH. 208 ]
Proximity Detection Systems
[46 Pa.B. 1421]
[Saturday, March 19, 2016]The Board of Coal Mine Safety (Board) proposes to add §§ 208.500—208.504 (relating to proximity detection systems) to read as set forth in Annex A. The proposed rulemaking implements existing Federal regulations, thereby making certain Federal provisions independently enforceable by the Commonwealth.
This proposed rulemaking was adopted by the Board at its meeting of December 8, 2015.
A. Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Craig Carson, Director, Bureau of Mine Safety, 131 Broadview Road, New Stanton, PA 15672, (724) 404-3154 or cocarson@pa.gov; or Joseph Iole, Assistant Counsel, Bureau of Regulatory Counsel, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-9376 or jiole@pa.gov.
C. Statutory Authority
Sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (BCMSA) (52 P. S. §§ 690-106 and 690-106.1) authorize the adoption of regulations to implement the BCMSA. The BCMSA further authorizes the Board to promulgate necessary or appropriate regulations to implement the requirements of the BCMSA and to protect the health, safety and welfare of miners and other individuals in and about mines.
D. Background and Purpose
On July 7, 2008, the General Assembly enacted the BCMSA, which was 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)). The BCMSA provides broad authority to promulgate regulations that are necessary or appropriate to implement the BCMSA and to protect the health, safety and welfare of miners and other individuals in and about mines. See section 106.1(a) of the BCMSA. Regulations consistent with Federal standards may also be promulgated under section 106.1(c) of the BCMSA. Under section 106 of the BCMSA, the Board consists of three members representing mine workers, three members representing underground bituminous coal mine operators and the Secretary of the Department of Environmental Protection (Department) who serves as the Board's chairperson.
This proposed rulemaking implements existing Federal regulations in 30 CFR Part 75 (relating to mandatory safety standards—underground coal mines) that require underground bituminous coal mine operators to equip continuous mining machines, except full-face continuous mining machines, with proximity detection systems. Conditions in underground bituminous coal mines, including low visibility, limited space and uneven ground, present hazards that contribute to machine-related accidents that can cause injury or death. Proximity detection systems, which use electronic sensors to detect motion or the location of one object relative to another, can be used to provide warning and stop mining machines before the machine pins, crushes or strikes a miner.
The Federal Mine Safety and Health Administration promulgated rules regarding proximity detection systems to reduce potential for pinning, crushing or striking accidents.
Adopting these regulations ensures that operations at underground bituminous coal mine sites are safely conducted and maintained. Although underground bituminous coal mine operators are already required to comply with these Federal regulations, implementing them in Chapter 208 (relating to underground coal mine safety) provides the Department with the independent authority to enforce the Federal requirements when Commonwealth inspectors observe violations, improving efficiency and increasing Commonwealth autonomy regarding enforcement efforts.
E. Summary of Proposed Regulatory Requirements
Proximity detection systems
§ 208.500. Proximity detection systems
This section requires operators to install proximity detection systems on certain mobile machines.
§ 208.501. Machines covered
This section incorporates by reference 30 CFR 75.1732(a) (relating to proximity detection systems). This provision describes the types of machines that must be equipped with a proximity detection system and provides the schedule by when certain machines must be in compliance with the rule.
§ 208.502. Requirements
This section incorporates by reference 30 CFR 75.1732(b). This provision describes certain technical specifications required in a proximity detection system.
§ 208.503. System checks
This section incorporates by reference 30 CFR 75.1732(c). This provision requires a manual inspection of the system at specified intervals, and requires defects to be corrected.
§ 208.504. Certifications and records
This section incorporates by reference 30 CFR 75.1732(d). This provision describes the certifications and records related to a proximity detection system an operator shall maintain, and requires the operator to make records available for inspection to the Department.
F. Benefits, Costs and Compliance
Benefits
The proposed rulemaking makes certain Federal regulations independently enforceable by the Commonwealth. This improves safety by providing enforcement authority to the Commonwealth and maintaining consistency between Federal and State safety requirements.
Compliance costs
The proposed rulemaking does not add compliance costs since it implements existing Federal regulations with which mining operators in this Commonwealth must already comply.
Paperwork requirements
The proposed rulemaking does not generate additional paperwork because mining operators must comply with the existing Federal regulations that will be implemented by this proposed rulemaking.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) establishes a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking has minimal impact on pollution prevention since it is focused on mine safety.
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 March 9, 2016, 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 in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b) 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
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to the Board. Comments, suggestions or objections must be received by the Board by April 18, 2016. In addition to the submission of comments, 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 by April 18, 2016. The one-page summary will be distributed to the Board and available publicly prior to the meeting when the final rulemaking will be considered.
Comments including the submission of a one-page summary of comments may be submitted to the Board online, by e-mail, by mail or express mail as follows. If an
acknowledgement of comments submitted online or by e-mail is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt. Comments submitted by facsimile will not be accepted.
Comments may be submitted to the Board by accessing eComment at www.ahs.dep.pa.gov/eComment. Comments may be submitted to the Board by e-mail at RegComments@pa.gov. A subject heading of the proposed rulemaking and a return name and address must be included in each transmission.
Written comments should be mailed to the Board of Coal Mine Safety, P. O. Box 8477, Harrisburg, PA 17105-8477. Express mail should be sent to the Board of Coal Mine Safety, Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301.
JOHN QUIGLEY,
ChairpersonFiscal Note: 7-526. 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
PROXIMITY DETECTION SYSTEMS § 208.500. Proximity detection systems.
Operators shall install proximity detection systems on certain mobile machines.
§ 208.501. Machines covered.
The provisions of 30 CFR 75.1732(a) (relating to proximity detection systems) are incorporated by reference.
§ 208.502. Requirements.
The provisions of 30 CFR 75.1732(b) (relating to proximity detection systems) are incorporated by reference.
§ 208.503. System checks.
The provisions of 30 CFR 75.1732(c) (relating to proximity detection systems) are incorporated by reference.
§ 208.504. Certifications and records.
The provisions of 30 CFR 75.1732(d) (relating to proximity detection systems) are incorporated by reference, with the following alteration to subsection (d)(5):
Retain records for at least one year and make them available for inspection by authorized representatives of the Department and representatives of miners.
[Pa.B. Doc. No. 16-457. Filed for public inspection March 18, 2016, 9:00 a.m.]
[46 Pa.B. 1422]
[Saturday, March 19, 2016]
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