Subchapter C. MINED-OUT AREAS
GENERAL PROVISIONS Sec.
207.301. Applicability.
207.302. Definitions.
207.303. Approvals.
SPECIFICATIONS
207.311. Roof areas.
207.312. Lighting.
207.313. Entrances and exits.
207.314. Ventilation.
207.315. Closing underground sections.
207.316. Inspections.
207.317. Record of inspection.
207.318. Storage of flammable liquids.
207.319. Check in/check-out system.
Source The provisions of this Subchapter C adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041, unless otherwise noted.
GENERAL PROVISIONS
§ 207.301. Applicability.
This subchapter applies to the use of mined-out underground noncoal mines in this Commonwealth. The activities covered by this subchapter include storage, manufacturing or other activities requiring a person to enter the mined-out area.
§ 207.302. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Outside air—Air moving through the mined-out passageways after entering them through the main or accessory portals by mechanical or natural forces.
Pure air—Air containing not less than 19.5% oxygen, not more than 0.5% carbon dioxide and no harmful quantities of other noxious or poisonous gases, dust, soot or particulates.
Safety container—A container not over 5 gallons capacity, having a spring closing lid and spout cover.§ 207.303. Approvals.
(a) A person may not operate a business in a mined-out area unless that mined-out area is part of a developed facility, which has been approved by the Department in writing and is constructed and operated in accordance with this subchapter.
(b) The owner or operator of the developed facility shall submit to the Department a written request which:
(1) Identifies the owner of the developed facility.
(2) Identifies the location of the developed facility.
(3) Describes the purpose of the developed facility.
(4) Identifies a responsible person at the developed facility.
(5) Contains a map or drawings depicting the developed facility, including the following:
(i) The information required by § 207.314(b) (relating to ventilation) if the developed facility will be using mechanical ventilation.
(ii) The information required by § 207.318(b) (relating to storage of flammable liquids) if more than 5 gallons of flammable liquid are to be stored in the developed facility.
(c) One or more inspections of the developed facility may be part of the Department’s review of the operator’s request.
(d) The Department’s approval may include conditions necessary to ensure compliance with section 2(f) of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-2(f)), known as the General Safety Law, the requirements of this subchapter and protect the public health, safety and welfare.
SPECIFICATIONS
§ 207.311. Roof areas.
The owner or operator of a developed facility shall ensure that the developed facility’s roof shall be scaled, bolted or otherwise supported.
§ 207.312. Lighting.
(a) Permanent. The owner or operator of a developed facility shall ensure that a permanent lighting system is installed in the developed facility to provide adequate lighting for the activities to be conducted in the developed facility. An adequate permanent lighting system is one constructed in accordance with a Nationally recognized safety code such as the National Electric Code established by the United States of America Standards Institute.
(b) Emergency. The owner or operator of a developed facility shall ensure that a person is not allowed to work in a developed facility unless either an emergency lighting system meeting the requirements of the Department has been installed in that area or each worker is provided with an approved personal lamp.
(1) The emergency lighting system shall be powered by an emergency generator. The emergency lighting system shall also be constructed in accordance with a Nationally recognized safety code such as the National Electric Code established by the United States of America Standards Institute.
(2) Cap lamps constructed and maintained in accordance with 30 CFR 19.5 (relating to general requirements for approval) are approved as personal lamps. The Department may approve the use of other types of personal lamps provided the other lamps are as safe as a personal cap lamp constructed and operated in accordance with 30 CFR 19.5.
§ 207.313. Entrances and exits.
The owner or operator of a developed facility shall ensure that two separate passages, connecting each area of the developed facility to the surface, shall be provided for personnel use and shall be maintained in a safe, passable condition at all times.
§ 207.314. Ventilation.
(a) General requirement. The owner or operator of a developed facility shall ensure that an adequate supply of pure air is provided and maintained in the developed facility as provided in subsection (c). If the Department or the operator determines it is necessary to install mechanical means of ventilation, these mechanical means for providing pure air shall be approved by the Department in writing before the mechanical ventilation system is operated.
(b) Ventilation system requirements. The owner or operator of the developed facility shall submit to the Department drawings depicting the proposed ventilation system. One or more inspections of the developed facility may be part of the Department’s review of the proposed mechanical ventilation system. Any Department approval may include conditions necessary to ensure the ventilation system is providing pure air to all portions of the developed facility.
(c) Quantity of air. A minimum of 20 cubic feet of outside air shall be supplied to every occupied or enclosed space in a developed area, per minute, per person present in that area.
Cross References This section cited in 25 Pa. Code § 207.303 (relating to approvals).
§ 207.315. Closing underground sections.
If it becomes necessary to permanently close or enclose a section or portion of the developed facility, the owner or operator of the developed facility shall ensure that noncombustible material is used to permanently close or enclose that section or portion of the developed facility.
§ 207.316. Inspections.
The owner or operator of a developed facility shall ensure that inspections are made at the following times, and defective conditions that are discovered shall be corrected:
(1) Monthly. The ceiling, pier and walls shall be inspected monthly for new cracks. The entrances, shafts, slopes, drifts and roadways leading to them, and the doors or gates shall be inspected monthly to insure they are in safe, usable condition.
(2) Biweekly. Emergency lighting systems and approved personal lamps shall be tested biweekly to assure they are in operating condition. Charge, fluid, terminals and visual conditions of batteries shall be checked.
(3) Weekly. The ventilating system shall be inspected weekly to ensure that motors and controls are in operating condition.
§ 207.317. Record of inspection.
The owner or operator of the developed facility shall ensure that daily logs containing the findings of inspections and the repairs and corrective action taken are maintained and kept on file at the developed facility’s office. These logs shall be available for inspection by the Department at any time during working hours. Each day’s log shall be dated and signed by a person designated by the owner or operator to be responsible for the day-to-day operation of the developed facility. Corrections or orders required by the Department representative shall be in writing and shall become a part of the log.
§ 207.318. Storage of flammable liquids.
(a) The owner or operator of the developed facility shall ensure that flammable liquids are stored in a safety container unless otherwise approved in writing by the Department. To request the Department’s approval, the owner or operator shall submit to the Department a photograph, drawing or sketch of the container and an explanation as to why this alternative container is safe for storing flammable liquids. Department approvals may include conditions necessary to ensure that the container will safely store flammable liquids.
(b) The owner or operator of a developed facility shall ensure that flammable liquids in excess of 5 gallons are not stored in the developed facility unless otherwise approved in writing by the Department.
(c) The request for storing more than 5 gallons of flammable liquid shall include a drawing depicting the location, size and nature of storage. The request shall also state the reason it is necessary to store more than 5 gallons of flammable liquids and describe the materials which will be used to construct the container, as well as measures to be taken to detect, prevent or respond to a fire or a spill.
Cross References This section cited in 25 Pa. Code § 207.303 (relating to approvals).
§ 207.319. Check in/check-out system.
The owner or operator of the developed facility shall ensure that there is a check-in/check-out system, which will inform personnel on the surface of the mine as to who is currently in the developed facility.
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