[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Rules and Regulations]
[Pages 35968-35978]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219-AB76
Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Final rule.
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SUMMARY: This final rule replaces the Mine Safety and Health
Administration's Emergency Temporary Standard (ETS) pursuant to section
101(b) of the Federal Mine Safety and Health Act of 1977. The final
rule adopts the requirements contained in the ETS. Under the final
rule, mine operators must maintain the incombustible content of
combined coal dust, rock dust, and other dust to at least 80 percent in
underground areas of bituminous coal mines. The final rule further
requires that the incombustible content of such combined dust be
increased 0.4 percent for each 0.1 percent of methane present.
Accumulations of coal dust can ignite, resulting in an explosion,
or after an explosion, they can intensify flame propagation, increasing
the severity of explosions. The final rule, like the ETS, reduces both
the potential for a coal mine explosion and the severity of explosions
should they occur.
DATES: Effective date: June 21, 2011.
FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at fontaine.roslyn@dol.gov: (e-mail), 202-693-9440 (voice), or 202-693- 9441 (facsimile).
SUPPLEMENTARY INFORMATION: MSHA is including the following outline to assist the public in finding information in the preamble.
I. Introduction
II. Discussion of Final Rule
III. Regulatory Economic Analysis
A. Executive Order (E.O.) 12866 and E.O. 13563
B. Population at Risk
C. Benefits
D. Compliance Costs
E. Net Benefits
IV. Feasibility
A. Technological Feasibility
B. Economic Feasibility
V. Regulatory Flexibility Act (RFA) and Small Business Regulatory
Enforcement Fairness Act (SBREFA)
A. Definition of a Small Mine
B. Factual Basis for Certification
VI. Paperwork Reduction Act of 1995
VII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act of 1995
B. Executive Order 13132: Federalism
C. The Treasury and General Government Appropriations Act of
1999: Assessment of Federal Regulations and Policies on Families
D. Executive Order 12630: Government Actions and Interference
With Constitutionally Protected Property Rights
E. Executive Order 12988: Civil Justice Reform
F. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
VIII. References
IX. Final Rule--Regulatory Text
I. Introduction
Rock dust is a pulverized stone used to cover coal dust and render accumulations of it inert. The Mine Safety and Health Administration (MSHA) defines ``rock dust'' under 30 CFR 75.2 as:
Pulverized limestone, dolomite, gypsum, anhydrite, shale, adobe,
or other inert material, preferably light colored, 100 percent of
which will pass through a sieve having 20 meshes per linear inch and
70 percent or more of which will pass through a sieve having 200
meshes per linear inch; the particles of which when wetted and dried
will not cohere to form a cake which will not be dispersed into
separate particles by a light blast of air; and which does not
contain more than 5 percent combustible matter or more than a total
of 4 percent free and combined silica (SiO
Mine operators are required to apply rock dust in underground
bituminous coal mines to reduce the explosion potential of coal dust
and other dust generated during mining operations. Effective and
frequent rock dust application is essential to protect miners from the
potential of a coal dust explosion, or if one occurs, to reduce its
severity.
When drafting the Federal Coal Mine Safety Act of 1952, Public Law
49-77 (1952), the Congress recognized a need to prevent major disasters
in underground coal mines. At that time, the Congress particularly
noted the threat of coal mine explosions due to accumulations of coal
dust.
Under the Federal Coal Mine Health and Safety Act of 1969 (Coal
Act), Public Law 91-173, Congress emphasized, among other things, the
need for interim safety standards to improve control of combustibles--
such as loose coal--that propagate explosions. The Congress also
recognized the need to prevent coal dust from accumulating in explosive
quantities and to prevent coal dust explosions. Congress included
language related to rock dusting, which provided:
Where rock dust is required to be applied, it shall be distributed upon the top, floor, and sides of all underground areas of a coal mine and maintained in such quantities that the incombustible content of the combined coal dust, rock dust, and other dust shall be not less than 65 per centum, but the incombustible content in the return aircourses shall be no less than 80 per centum. Where methane is present in any ventilating current, the per centum of incombustible content of such combined dust shall be increased 1.0 and 0.4 per centum for each 0.1 per centum of methane where 65 and 80 per centum, respectively, of incombustibles are required. [Conference Report No. 91-761, Section 304(d)].
The Congress retained this Coal Act provision in the Federal Mine
Safety and Health Act of 1977 (Mine Act). The higher limit for return
airways was determined in large part because fine ``float'' coal dust
(100 percent < 200 mesh or 75 micrometers ([micro]m)) tends to collect
in these airways.
On September 23, 2010, under section 101(b) of the Mine Act, MSHA
published an ETS, notice of public hearings, and notice of close of
comment period (75 FR 57849) revising the existing standard at 30 CFR
75.403, ``Maintenance of incombustible content of rock dust''
applicable to underground areas of bituminous coal mines. The ETS
served both as an emergency temporary final rule with immediate effect
and provided an opportunity for notice and comment. Under the Act, MSHA
is required to promulgate a final rule within nine months after
publication of an ETS.
The legislative history of the Mine Act reinforces the statutory
language regarding the ETS providing opportunity for comment ``so that
all views can be carefully considered in connection with the issuance
of a permanent standard.'' S. Rept. No. 95-181, 24 (1977). With
publication of this final rule, MSHA has fulfilled its obligations
under section 101(b) of the Mine Act.
MSHA held four public hearings on the ETS: St. Louis, Missouri, October 26, 2010; Birmingham, Alabama, October 28, 2010; Lexington,
Kentucky, November 16, 2010; and Charleston, West Virginia, November
18, 2010. The public comment period closed on December 20, 2010. In
addition to testimony provided by the mining community at the public
hearings, MSHA received comments to the rulemaking record. Comments are
discussed below.
To clarify MSHA's enforcement under the ETS, the Agency issued
Program Information Bulletin (PIB) No. P10-18, ``Accumulation of
Combustible Materials and Rock Dust,'' on September 21, 2010 (September
2010 PIB). The PIB emphasized that underground coal mine operators had
not been rock dusting in all required areas and were not maintaining
the required levels of rock dust applications in compliance with the
previous MSHA standard of no less than 65 per centum in intake
aircourses, and no less than 80 per centum in return aircourses under
30 CFR 75.403.
On October 14, 2010, MSHA issued Procedure Instruction Letter No.
10-V-16, ``Accumulation of Combustible Materials and Rock Dust''
(October 2010 PIL). The October 2010 PIL provided instruction for MSHA
enforcement personnel regarding accumulation of combustible materials
and rock dust. In the 2010 PIL, MSHA emphasized each mine operator's
responsibility to comply with the ETS by October 7, 2010, for newly
mined areas; and November 22, 2010, for all other areas of the mine.
MSHA provided instruction to Agency personnel for enforcing the ETS and
for taking spot rock dust samples at applicable mines.
II. Discussion of Final Rule
Final 30 CFR 75.403 retains the requirements of the ETS verbatim to
ensure continuous protection for underground bituminous coal miners
from grave danger due to hazards of coal dust explosions. Mine
operators must maintain the incombustible content of the combined coal
dust, rock dust, and other dust in all areas of underground bituminous
coal mines to at least 80 percent. Where rock dust is required, it must
be distributed upon the top, floor, and ribs of all underground areas
of a bituminous coal mine and maintained in such quantities that the
incombustible content of the combined coal dust, rock dust, and other
dust will be at least 80 percent. The final rule, like the ETS,
increases the incombustible content in all areas, other than return air
courses, from 65 percent to 80 percent. In addition, the final rule,
like the ETS, requires that where methane is present in any ventilating
current, the percent of incombustible content of such combined dust
shall be increased 0.4 percent for each 0.1 percent of methane.
In developing the final rule, MSHA considered its accident
investigation reports of mine explosions in intake air courses that
involved coal dust (Dubaniewicz 2009); the National Institute for
Occupational Safety and Health's (NIOSH) Report of Investigations 9679
(Cashdollar et al., 2010), ``Recommendations for a New Rock Dusting
Standard to Prevent Coal Dust Explosions in Intake Airways''; MSHA's
experience and data; public comments on the ETS; and testimony provided
at the public hearings. MSHA believes that the requirements of the
final rule are necessary to continue to protect underground bituminous
coal miners from grave danger.
In the 1920s, the U.S. Bureau of Mines (the Bureau) conducted
industry-wide surveys of coal dust particle size produced by mining.
The Bureau conducted large-scale explosion tests using dust particles
of the size range obtained from the survey to determine the amount of
rock dust required to prevent explosion propagation. The results of
this research were the basis for the interim safety standard under the
Coal Act and the standard promulgated under the Mine Act.
Mining technology, equipment, and methods have changed
significantly since the 1920s. In the latest study, NIOSH and MSHA
collaborated to conduct a survey to update information about existing
coal dust particle size distribution in underground bituminous coal
mines. MSHA inspectors collected a variety of dust samples from intake
and return airways from these mines. NIOSH found that the coal dust
particle size distribution in intake airways is much finer than in
mines of the 1920s because of the significant changes in mining methods
and equipment (Cashdollar et al., 2010).
Given the results of this latest coal dust particle size survey,
NIOSH conducted a series of large-scale dust explosion tests at the
NIOSH Lake Lynn Experimental Mine (LLEM) using the dust survey results
to determine the incombustible content necessary to prevent explosion
propagation. NIOSH determined that to significantly decrease the
potential for propagation of explosions, the finer coal dust particle
size found in intake airways requires a greater incombustible content
than the 65 percent required under MSHA's standard at that time, since
the explosion hazard increases as the coal dust particle size
decreases. Based on the results of the LLEM testing, NIOSH recommended
an 80 percent total incombustible content (TIC) in both intake and
return airways of bituminous coal mines. In addition, despite survey
indications that return dust particle sizes are finer than those in
past studies, NIOSH found that the existing requirement of 80 percent
TIC is still sufficient for these areas, in the absence of methane. The
testing showed that the TIC required to prevent flame propagation
becomes much less dependent on coal particle size as the TIC approaches
and exceeds 80 percent (Cashdollar et al., 2010). Therefore, the
results of the experiments support MSHA's final rule requiring 80
percent TIC for all areas of underground bituminous coal mines.
In 2009, NIOSH published a paper examining past mine explosions to
identify the ignition locations and ignition sources responsible for
the most severe explosion events ignited in intake air courses
resulting in death (Dubaniewicz 2009). MSHA reviewed all of the
accident reports identified by NIOSH for the period from 1976 through
2001 (26 years). MSHA determined that there were six explosions that
resulted in 46 fatalities in which rock dusting conditions and
practices in intake air courses contributed to the severity of the
explosions. These explosions occurred at: Scotia Mine in 1976; Adkins
Coal Company, No. 11 Mine in 1981; No. 1 Mine, RFH Coal Company in
1982; Southmountain Coal Company Mine No. 3 in 1992; No. 9 Mine, Day
Branch Coal Company in 1994; and Jim Walter Resources, Inc. No. 5 Mine
in 2001.
The Scotia Mine, Scotia Coal Company, experienced two explosions in
1976: March 9 and March 11. The first explosion, which claimed the
lives of 15 miners, resulted from the ignition of a large methane
accumulation. Coal dust entered into this explosion, but only to a
minor degree. The second explosion, which claimed the lives of eleven
miners, started as a methane explosion and coal dust entered into the
explosion and aided in the propagation of the explosion (DOL/MSHA
1993).
On December 7, 1981, an explosion at the Adkins Coal Company, No.
11 Mine resulted in fatal injuries to eight miners. A coal dust
explosion occurred when a blown-out shot ignited coal dust put into
suspension by other blasts of the coal face. Sufficient quantities of
rock dust were not applied to the mine surfaces and coal dust deposited
on the floor, roof, and ribs from previously mined areas ignited and
propagated the explosion away from the face (DOL/MSHA 1981).
The No. 1 Mine, RFH Coal Company, experienced an explosion on
January 20, 1982, resulting in the death of seven miners. Flames from
explosives were not contained within the limits of the coal being
blasted killing two miners. A coal dust explosion occurred when the
flame ignited coal dust put into suspension by previous blasts.
Sufficient quantities of rock dust were not applied to the mine
surfaces and coal dust propagated the explosion throughout the entire
mine. This coal dust explosion claimed the lives of five more miners
(DOL/MSHA 1982).
The Southmountain Coal Company Mine No. 3 experienced an explosion
on December 7, 1992, resulting in fatal injuries to eight miners. An
explosion fueled by a limited quantity of methane created enough force
to place coal dust into suspension ahead of the flame front. Ignition
of the coal dust allowed immediate propagation of the explosion because
sufficient quantities of incombustible rock dust were not available to
inert the coal dust. The coal dust explosion propagated to the surface
areas of the mine (DOL/MSHA 1993).
The No. 9 Mine, Day Branch Coal Company, experienced an explosion
on May 11, 1994, resulting in fatal injuries to two miners. A limited
quantity of methane was ignited, and both methane and coal dust
accumulations contributed to the propagation of the initial explosion
flame. As the explosion traveled through the panel the methane was
consumed, however, coal dust suspended in the air propagated the
explosion approximately 715 feet away from the face (DOL/MSHA 1995).
On September 23, 2001, two explosions at the Jim Walter Resources, Inc. No. 5 Mine resulted in fatal injuries to thirteen miners. The
first explosion was a methane explosion caused when a roof fall
occurred and damaged a large
six-ton 64-volt scoop battery that was connected to a battery charger.
One miner was severely injured or killed by the first explosion. The
MSHA investigation report concluded that the second explosion also
started as a methane explosion and strengthened when it encountered
additional methane and coal dust. The explosion, fueled primarily by
coal dust, propagated outby and claimed the lives of 12 miners (DOL/
MSHA 2002).
The impact of these mine explosions might have been significantly
reduced had there been quantities of rock dust applied in accordance
with the final rule. The rock dust would have prevented the explosions
from propagating to areas where miners were working, thus saving lives.
In addition, MSHA is also aware of at least 4 explosions or
ignitions occurring in underground bituminous mines from 1985 through
2008 which did not result in miner injuries or fatalities; however,
MSHA investigation reports concluded that poor rock dust practices
contributed to these explosions.
Several commenters on the ETS, including participants at the public
hearings, stated that they agreed with MSHA's actions in issuing the
ETS and the supporting documentation for increasing the incombustible
content in intake entries to 80 percent in underground bituminous coal
mines. These commenters stated that explosions in U.S. underground coal
mines have escalated in magnitude. According to the commenters, one
explosion was so powerful that it had ripped a roof strap bolted to the
mine roof, while another explosion destroyed the welds on a scoop
bucket. MSHA's experience indicates that many explosions in underground
bituminous coal mines can be intensified by coal dust.
Where rock dust is required to be applied, the final rule requires
that mine operators distribute it upon the top, floor, and sides of all
underground areas of a coal mine. MSHA intends for mine operators to
rock dust areas that pose the greatest risk to miners. These areas
include areas near the active faces and areas that contain ignition
sources, such as conveyor belt drives and conveyor belt entries because
they pose the greatest potential for methane and coal dust explosions.
Some commenters expressed concerns with MSHA's enforcement of the
ETS because they believe mine operators are applying less rock dust in
underground bituminous mines than required under the ETS. For example,
they noted a longwall tailgate where a longwall shearer had cut across
a ``thousand-plus foot longwall face'' and deposited considerable coal
dust accumulations in the immediate tailgate entry that was not cleaned
up or effectively rock dusted. They also questioned MSHA's enforcement
of the rock dust maintenance standard in remote areas such as remotely-
located bleeder entries. These commenters noted that in Alabama,
underground coal mine bleeder entries have high levels of methane,
pillars yielding raw coal ribs with fresh sloughage, coal accumulation,
and no mechanism to apply rock dust.
The ETS and this final rule do not change existing 30 CFR 75.402
which addresses remote areas where there is no feasible mechanism to
apply additional rock dust and states:
All underground areas of a coal mine, except those areas in which the dust is too wet or too high in incombustible content to propagate an explosion, shall be rock dusted to within 40 feet of all working faces, unless such areas are inaccessible or unsafe to enter or unless the Secretary or his authorized representative permits an exception upon his finding that such exception will not pose a hazard to the miners. All crosscuts that are less than 40 feet from a working face shall also be rock dusted.
The September 2010 PIB provided guidance to operators on existing
Sec. 75.402 and ETS Sec. 75.403. It suggested that they use bulk
dusters, trickle dusters or high-pressure rock dusting machines to blow
the rock dust into inaccessible areas to maintain the 80% TIC in remote
areas.
In the ETS preamble, MSHA stated that ``Rock dust, when effectively
applied, can prevent explosions or reduce the severity of explosions''
(75 FR 57851). In response, commenters questioned what MSHA meant by
the term ``effectively.'' In the September 2010 PIB, MSHA emphasized
that mine operators are responsible for applying rock dust in areas of
underground bituminous coal mines to inert coal and float coal dust,
loose coal, and other combustible materials to comply with the ETS.
Miners are exposed to grave hazards in these underground mines. As
little as 0.005 inch (the thickness of a sheet of paper) of coal and
float coal dust on top of rock dusted surfaces is capable of
propagating an explosion. Therefore, removal of coal dust, including
float coal dust, loose coal, other combustible materials, and the
application and re-application, where necessary, of rock dust are
essential to effectively protect miners from the potential of a coal
dust explosion; or if one occurs, to reduce its severity and prevent
loss of life.
In the October 2010 PIL, MSHA issued instructions to its
inspectorate to enhance enforcement of the ETS and to check mine
operators' compliance with the ETS and to take appropriate action, as
necessary. MSHA stated that if mine operators allow coal, float coal
dust, and other combustible materials to accumulate in active workings
and on equipment in the mine, or if the TIC of the combined coal dust,
rock dust, and other dust in any area of the mine does not meet the
quantities required by the ETS, inspectors should take appropriate
enforcement action.
MSHA stated in the October 2010 PIL that during regular inspections
MSHA inspectors should continue to sample the incombustible content as
required by MSHA's existing sampling policy and procedures for
collecting rock dust samples, including sampling to within 50 feet of
the tailpiece. In addition, the 2010 PIL instructed inspectors to take
selective spot samples in areas that were rock dusted prior to
September 23, 2010 (the date the ETS was published), to determine
whether the mine operator is maintaining the 80 percent TIC
requirements of the ETS. MSHA also recommended that inspectors conduct
selective spot sampling in immediate return entries, especially
longwall tailgate entries, and areas containing seals. MSHA instructed
inspectors to begin spot sampling near the active faces and in areas
that contain ignition sources, such as conveyor belt drives and
conveyor belt entries because these areas pose the greatest potential
for methane and coal dust explosions. Inspectors were instructed to
identify the spot samples in the same manner as samples collected under
the existing sampling policy and use the same mailing procedures.
MSHA's existing sampling policy and procedures are under review.
When MSHA found a violation of 30 CFR 75.400, 75.402, or 75.403
under the ETS, the October 2010 PIL instructed Agency inspectors that
abatement should be set at the shortest reasonable time after careful
evaluation of conditions on a mine-by-mine basis, including whether the
mine liberates large volumes of methane gas or has a history of methane
ignitions. Inspectors were further instructed that if an operator
failed to totally abate the violation within the specified time, they
should consider issuance of a Section 104 (b) Order of Withdrawal.
If a mine operator has repeat violations of Sec. Sec. 75.400,
75.402 or 75.403, the October 2010 PIL advised that inspection
personnel should discuss the adequacy of the cleanup program with the
operator and consider
requiring the use of more effective rock dusting equipment and methods
for controlling and maintaining the incombustible content of the
combined coal dust, rock dust, and other dust along with elevated
enforcement actions. Inspection personnel should also consider changes
to the cleanup program which would require the use of bulk dusters,
trickle dusters or high-pressure rock dusting machines to continuously
rock dust the areas downwind of belt transfers, the returns of active
sections, the tailgates of longwalls and the bleeder entries.
A commenter suggested dividing existing Sec. 75.400
(accumulations) into three requirements. According to the commenter,
this action would separate violations for accumulations on rock dusted
surfaces, on mobile equipment, and on fixed plant equipment. This
comment is outside the scope of this rulemaking.
Some commenters objected to application of rock dust by hand. In
their opinion, this method is inadequate to protect miners. Application
of rock dust by hand is not prohibited under the final rule, as long as
the 80 percent incombustible content of the combined coal dust, rock
dust, and other dust is maintained. Based on MSHA experience, mine
operators are capable of maintaining the requirements of the final rule
through application of rock dust by hand. However, MSHA acknowledges
that there are more efficient methods of rock dusting, such as:
A commenter questioned whether it is appropriate for MSHA to rely
on results of the NIOSH explosibility testing (Cashdollar et al., 2010)
from one coal seam and apply it to all types of coal. The commenter
stated that the overall hazard to miners in other coal seams is
inaccurately quantified by this study. Other commenters urged MSHA to
set rock-dusting standards based on a worst-case scenario (using high
volatile coal) with no relaxation for lower volatile coal.
In its experimental studies of the effect of particle size on
explosion hazard, NIOSH used coal from the Pittsburgh coal seam. The
data represent the worst-case condition as stated in the ETS preamble
and in the NIOSH Report of Investigations 9679 (Cashdollar et al.,
2010). NIOSH used this approach to limit variables that could have
influenced the experiments related to particle size alone. Published
studies, reported by Cashdollar 1996 and Cashdollar et al., 2010, have
examined the roles of seam-specific and site-specific coal qualities on
explosibility. Based on this research, there are two primary coal
characteristics that influence dust explosibility and vary by seam: (1)
Inherent ash and moisture content and (2) the volatility of the coal.
The final rule, like the ETS, considers the variability of inherent ash
and moisture of coal as part of the incombustible content of a sample
used to calculate the 80% requirement. The volatility of the coal is
expressed as the percentage of volatile matter determined by proximate
analysis. Studies published by the U.S. Bureau of Mines (USBM) found
that all coals with volatility in excess of 12% are explosible. More
specifically, higher volatile coals require a lower dust concentration
(mass of dust per unit volume) to produce an explosion. The Pittsburgh
seam coal has an average volatility of 37%. Experimental studies
comparing explosion hazards of various coals have defined a
relationship between the minimum rock dusting requirements to inert and
the volatility of coals (Cashdollar, 1996).
Lower volatile coals (less than 30% volatile matter) require less
rock dust to inert the coal dust, although it would not be a
significant reduction in the amount of rock dust. The final rule is
based on the worst-case conditions of coal dust (particles less than
200 mesh) for high volatile bituminous coals. Therefore, the final rule
retains the ETS language and provides an extra margin of safety for
coals with lower volatile content.
Commenters questioned whether additional rock dust, particularly in
intake airways, increases miners' exposures to respirable coal mine
dust above the allowable limit. This commenter suggested that the ETS,
coupled with MSHA's proposal to reduce the respirable coal mine dust
limit by half in these same air courses, created incompatible
standards. This commenter believes that if MSHA is to require both
standards, then MSHA must revise its position with regard to the use of
wet dusting systems for intake roadways and aircourses to reduce
respirable dust exposures from rock dusting.
MSHA standards do not require that rock dust contain any respirable
fraction. MSHA's existing definition for rock dust establishes
specifications for rock dust. Operators must assure that rock dust
applied meets this definition.
With regard to the utility of wet dusting methods to control rock
dust in underground coal mines, MSHA believes that for this approach to
be effective, the wet products must be applied often enough to prevent
an accumulation of float coal dust atop coated surfaces. The use of wet
dusting technology has some limitations in an underground coal mine.
The use of wet or foam-type application of rock dust and the use of
other inerting agents have been explored for decades. These wet
products work by binding or coating coal dusts and preventing them from
being entrained in an explosion front rather than mixing with and
inerting the coal dust. This creates a coating on surfaces, on top of
which new coal dust can accumulate. This coating will not provide as
effective inerting capability in the event of an explosion as dry rock
dust.
Finally, some commenters expressed concern that MSHA is precluding
some mine operators from using scrubbers in underground mines. These
commenters suggested that MSHA should allow the immediate use of
scrubbers on mining machinery where coal dust is being generated at the
face, stating that scrubbers remove 92 percent of respirable dust out
of the air, which would help operators achieve the rock dusting
requirements. Commenters did not provide supporting data. Although MSHA
does not prohibit the use of scrubbers in appropriate cases, this issue
is outside the scope of this rulemaking.
Commenters objected to the protracted time that it takes MSHA to
obtain results of rock dust samples. These commenters also inquired as
to the availability of a method to immediately assess compliance
through real-time monitoring instead of waiting weeks for compliance
results. The Coal Dust Explosibility Meter (CDEM) is new technology
that uses optical reflectance to measure the relative concentration
ratio of coal dust (black) to rock dust (white/grey) in a rock dust
sample collected in an underground coal mine. The CDEM is intended to
be used by mine operators and MSHA as a screening tool inside the mine
to assess the explosion hazard potential in real time and take prudent
actions to mitigate the hazard. The CDEM is not intended to replace the current
MSHA laboratory analysis of coal mine dust samples for incombustible
content, but to serve as a supplemental device for enhancing mine
safety through improved rock dusting practices. MSHA is improving its
laboratory analysis function to reduce analysis time.
III. Regulatory Economic Analysis
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
Under Executive Order (E.O.) 12866, the Agency must determine
whether a regulatory action is ``significant'' and subject to review by
the Office of Management and Budget (OMB). Section 3(f) of E.O. 12866
defines a ``significant regulatory action'' as an action that is likely
to result in a rule: (1) Having an annual effect on the economy of $100
million or more, or adversely and materially affecting a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety or state local or tribal governments or communities
(also referred to as ``economically significant''); (2) creating
serious inconsistency or otherwise interfering with an action taken or
planned by another agency; (3) materially altering the budgetary
impacts of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raising novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Under E.O.s 13563 and 12866, the Agency must assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility.
MSHA has determined that this final rule does not have an annual
effect of $100 million or more on the economy, and is not an
economically ``significant regulatory action'' pursuant to Sec. 3(f)
of E.O. 12866. However, the final rule, like the ETS, raises novel,
legal or policy issues and is therefore subject to OMB review.
MSHA has not prepared a separate regulatory economic analysis for
this rulemaking. Rather, the analysis is presented below.
B. Population at Risk
The final rule applies to all underground bituminous coal mines in the United States. There are approximately 415 active underground bituminous coal mines employing 47,119 miners. Table 1 presents the 415 underground bituminous coal mines by employment size.
Table 1--Underground Bituminous Coal Mines and Miners, 12 Month Average as of January 2010, by Employment Size *
------------------------------------------------------------------------
Number of Total
underground employment at
Mine size bituminous underground
coal mines coal mines
------------------------------------------------------------------------
1-19 Employees.......................... 73 1,136
20-500 Employees........................ 330 29,390
501+ Employees.......................... 12 9,708
Contractors............................. .............. 6,885
-------------------------------
Total............................... 415 47,119
------------------------------------------------------------------------
* Source: MSHA MSIS Data (March 2010).
The 415 underground coal mines produced an estimated 331.7 million short tons of coal in 2009. The average price of coal in underground mines in 2009 was $55.77 per short ton and was obtained from the U.S. Department of Energy (DOE), Energy Information Administration (EIA), Annual Coal Report 2009, October 2010, Table 28. Table 2 presents the coal production and revenues for 2009.
Table 2--Coal Production in Short Tons and Coal Revenues in 2009 for Mines Affected by the Final Rule
------------------------------------------------------------------------
Mine size Coal production Coal revenue
------------------------------------------------------------------------
1-19 Employees...................... 4,972,836 $277,335,064
20-500 Employees.................... 236,453,706 13,187,023,184
500+ Employees...................... 90,256,010 5,033,577,678
-----------------------------------
Total........................... 331,682,552 18,497,935,926
------------------------------------------------------------------------
C. Benefits
Since MSHA did not receive any comments on the benefits analysis
presented in the preamble of the ETS, the Agency has retained that
analysis for the final rule. For the convenience of the reader, the
entire benefits analysis is presented below.
Accumulations of coal dust can propagate and contribute to the
severity of mine explosions. During the period 1976 to 2001 (26 years)
there were 26 fatal methane and/or coal dust explosions in underground
coal mines that resulted in 139 fatalities (Dubaniewicz, 2009). In 6 of
those 26 explosions, the rock dusting conditions and practices in
intake air courses were identified as either the cause or a
contributing factor in the explosions. In addition to reviewing the
Dubaniewicz report, MSHA also reviewed the Agency's own fatal
investigation reports for these explosions. Based upon this
review, MSHA determined that the requirements in this final rule would
have either prevented or reduced the severity of these explosions.
These explosions resulted in 46 deaths, approximately 2 deaths per year
(46 deaths/26 years). The requirements in this final rule probably
would not have prevented all of the deaths from the 6 explosions. MSHA
estimates that the final rule will prevent approximately 1 to 1.5
deaths per year.
MSHA also studied explosions and ignitions resulting in non-fatal
injuries that occurred during the period from 1986 through 2001 (16
years). During that time, there were 3 explosions that resulted in at
least 4 non-fatal injuries in which rock dusting conditions and
practices contributed to the explosions. Based on the data, MSHA
determined that the requirements in the final rule will prevent 1
additional injury about every 4 years (4 injuries/16 years).
However, these estimates are not precise and the final rule could
prevent additional injuries. MSHA is also aware of at least 4
explosions or ignitions occurring from 1985 through 2008 which did not
result in any injuries or fatalities; however, the investigation report
concluded that poor rock dust practices contributed to these
explosions. MSHA projects that the final rule will improve rock dust
practices in underground bituminous coal mines and the safety and
health of miners.
The final rule will decrease explosibility of the coal dust
deposited in underground bituminous coal mines, which will decrease
both the probability that an explosion will occur and, if an explosion
does occur, the severity of the explosion. MSHA projects a significant
reduction in fatalities and injuries with the implementation of the
final rule.
MSHA calculates benefits in terms of an annual average. However,
the final rule is targeted at mine explosions, which are catastrophic
events that may not occur on a regular basis. They can unfortunately
occur multiple times in a single year, but may not occur again for a
number of years. Thus, MSHA's average estimate of 1 to 1.5 deaths
prevented a year cannot fully reflect the impact of preventing a given
explosion or series of explosions, since each would be unique in terms
of its impacts. MSHA has estimated the benefits of the final rule
within this context. The number of fatalities and injuries that may be
prevented by this final rule may be understated.
D. Compliance Costs
MSHA did not receive any comments that directly addressed the cost
estimates presented in the preamble of the ETS. For this reason, MSHA
has retained that analysis for the final rule, with one change as is
noted below to address rock dusting in hard-to-reach areas, such as
remote bleeder entries.
MSHA estimates that the final rule will result in total yearly
costs for operators of underground bituminous coal mines of
approximately $26.3 million: $0.3 million for mines with 1-19
employees; $18.9 million for mines with 20-500 employees; and $7.2
million for mines with 501 or more employees. The totals above do not
sum due to rounding.
As is noted below, MSHA's cost estimates are based upon 2009 data.
On April 14, 2010, West Virginia (WV) issued an Executive Order
requiring that dust samples meet the NIOSH recommendation of 80% total
incombustible content. MSHA did not consider the WV requirement in its
analysis; thus the cost estimates attributable to the final rule may be
overstated.
Derivation of Compliance Costs
Results from 26,576 intake rock dust samples collected by MSHA in 2009 show that over 75% of the samples had a total incombustible content (TIC) equal to or greater than 80%. While it is not possible to precisely determine the additional amount of rock dust needed based upon these samples, MSHA developed cost estimates using the following:
MSHA estimates that approximately 18 mines with fewer than 20
employees (73 mines x 25%); 83 mines with 20-500 employees (330 mines x
25%); and 3 mines with more than 500 employees (12 mines x 25%) will
incur costs to comply with the final rule.
MSHA also estimates that these mines will require 115% more rock
dust to comply with the final rule. The 115% increase in the amount of
rock dust needed was calculated by solving the following set of
equations:
Equation 1: RD
Equation 2: RD
Based upon the experience of MSHA's field staff, MSHA estimates the total costs associated with purchasing and applying rock dust to comply
with the previous rock dust requirements were $0.20 per ton of coal
produced for mine operators with fewer than 20 employees and $0.23 per
ton of coal produced for mine operators with 20 or more employees.
Therefore, the regulatory economic analysis for the ETS estimated
additional compliance cost for the affected mines would be $0.23 ($0.20
x 115%) per ton of coal produced for mines with fewer than 20 employees
and $0.27 ($0.23 x 115%) per ton of coal produced for mines with 20 or
more employees.
In response to commenters' concerns, MSHA has increased the
estimated cost to purchase and apply rock dust by 20 percent in this
analysis to account for the additional cost related to applying rock
dust in hard-to-reach areas. Thus the compliance cost for the affected
mines will be $0.28 ($0.23 x 120%) per ton of coal produced for mines
with fewer than 20 employees and $0.32 ($0.27 x 120%) per ton of coal
produced for mines with 20 or more employees.
From these estimates, MSHA projects that the costs for purchasing
and applying rock dust would increase by $26.3 million per year due to
the final rule. Table 3 shows that, disaggregated by mine size, yearly
costs will be approximately: $0.3 million for mine operators with fewer
than 20 employees; $18.9 million for mine operators with 20-500
employees; and $7.2 million for mine operators with more than 500
employees. The totals above do not sum due to rounding.
Table 3--Projected Compliance Costs Based on Mine Size and Additional Rock Dust per Short Ton of Coal
Produced
----------------------------------------------------------------------------------------------------------------
Average
preliminary Additional rock Increase in
2009 coal dust costs per yearly costs to
Mine size Mine count production short ton of apply rock dust
(short tons) coal produced to comply with
per mine final rule
----------------------------------------------------------------------------------------------------------------
1-19 Employees.......................... 18 68,121 $0.276 $338,000
20-500 Employees........................ 83 716,526 0.317 18,853,000
501+ Employees.......................... 3 7,521,334 0.317 7,153,000
-----------------------------------------------------------------------
Total............................... 104 ................ ................ 26,344,000
----------------------------------------------------------------------------------------------------------------
E. Net Benefits
Since MSHA did not receive any comments in the net benefits
analysis in the preamble of the ETS, the Agency has retained that
analysis for the final rule. The only changes are due to the changes in
the estimated costs discussed in the previous section.
This section presents a summary of the estimated net benefits of
the final rule for informational purposes only. Under the Mine Act,
MSHA is not required to use estimated net benefits as the basis for its
decision.
MSHA based its estimates of the monetary values for the benefits
associated with the final rule on relevant literature. To estimate the
monetary values of these reductions in cases, MSHA performed an
analysis of the imputed value of fatalities prevented based on a
willingness-to-pay approach. This approach relies on the theory of
compensating wage differentials (i.e., the wage premium paid to workers
to accept the risk associated with various jobs) in the labor market. A
number of studies have shown a correlation between higher job risk and
higher wages, suggesting that employees demand monetary compensation in
return for incurring a greater risk of injury or fatality.
Viscusi and Aldy (2003) conducted an analysis of studies that use a
willingness-to-pay methodology to estimate the imputed value of life-
saving programs (i.e., meta-analysis) and found that each fatality
prevented was valued at approximately $7 million and each lost work-day
injury was approximately $50,000 in 2000 dollars. Using the GDP
Deflator (U.S. Bureau of Economic Analysis, 2010), this yields an
estimate of $8.7 million for each fatality prevented and $62,000 for
each injury prevented in 2009 dollars. This value of a statistical life
(VSL) estimate is within the range of the substantial majority of such
estimates in the literature ($1 million to $10 million per statistical
life), as discussed in OMB Circular A-4 (OMB, 2003).
Although MSHA is using the Viscusi and Aldy (2003) study as the
basis for monetizing the expected benefits of the final rule, the
Agency does so with several reservations, given the methodological
difficulties involved in estimating the compensating wage differentials
(see Hintermann et al., 2008). Furthermore, these estimates pooled
across different industries may not capture the unique circumstances
faced by coal miners. For example, some have suggested that VSL models
be disaggregated to account for different levels of risk, as might
occur in coal mining (Sunstein, 2004). In addition, coal miners may
have few options of alternative employers and in some cases only one
employer (near-monopsony or monopsony) that may depress wages below
those in a more competitive labor market.
MSHA recognizes that monetizing the value of a statistical life is
difficult and involves uncertainty and imprecision. In the future, MSHA
plans to work with other agencies to refine the approach taken in this
final rule.
Based upon the estimated prevention of 1 to 1.5 deaths per year and
1 injury every 4 years, the final rule will result in monetized
benefits of approximately $8.7 to 13.1 million per year. As noted
above, MSHA believes that the final rule may prevent additional
injuries; however, due to data limitations, quantification is not
possible and they have not been included in the monetized benefits.
In addition to the injuries and fatalities prevented, MSHA
anticipates that savings to operators will result from the final rule
preventing or reducing the severity of explosions. As noted above, 6
explosions (about 0.23 per year) involving fatalities occurred in the
26 year period 1976 to 2001 and 4 explosions (about 0.17 per year) that
did not involve any fatalities or injuries occurred in the 24 year
period 1985 through 2008. MSHA estimates that the final rule will
prevent or reduce the severity of about one explosion every two and a
half years.
Explosions can result in tremendous costs to a mine operator. MSHA
estimates that the time to recover a mine after an explosion is a
minimum of 8 weeks. Factors such as lost wages, lost production,
rehabilitation, payment for the mine rescue teams and other staff, and
miscellaneous expenses could result in costs that range between $2 and
$7 million, depending on the extent of the explosion and the size of
the mine.
Additional costs include lost equipment, which could run into the
millions of dollars. For example, the cost of a set of advancing type
mining equipment (continuous mining machine, roof bolting machine,
shuttle car, scoop and power center) would be approximately $8 million
while the cost of a longwall unit would be approximately $200 million.
Replacing the electric and waterlines, rails, roof supports, pumps, and
power centers could add a couple of million dollars more to costs.
If a mine operator is unable to reopen the mine after an explosion
like some of the mines examined by MSHA, costs will vary depending on
the amount of recoverable reserves. The anticipated cost of lost
reserves could range from a few million dollars for a small mine to in
excess of hundreds of millions dollars for a large mine.
Based upon these values, MSHA estimates that preventing or reducing
the severity of a typical explosion in an underground coal mine will
save the operator approximately $15 to $40 million in direct costs
(e.g., mine rescue, wages and equipment). Based on one explosion every
two and a half years, MSHA estimates that the final rule will result in
annual savings to operators of between $6 million ($15 million per
explosion x 0.4 explosions per year) and $16 million ($40 million per
explosion x 0.4 explosions per year) depending upon the size of the
mine and severity of the explosion. In addition, MSHA believes that the final rule will
prevent operator losses resulting from the inability to recover coal
reserves, although MSHA has not quantified these savings due to the
imprecision of the data. Furthermore, MSHA's average estimate of 1 to
1.5 deaths prevented a year cannot fully reflect the impact of
preventing a given explosion or series of explosions, since each would
be unique in terms of its impacts.
Table 4--Monetized Net Benefits
[Millions of 2009 dollars]
----------------------------------------------------------------------------------------------------------------
Yearly cost to
apply Yearly savings from
Yearly fatalities and injuries avoided additional rock reducing explosions Annual net benefits
dust
----------------------------------------------------------------------------------------------------------------
$8.7 to $13.1......................... $26.3 $6 to $16................ -11.6 to 2.8.
----------------------------------------------------------------------------------------------------------------
Note: The final rule is targeted at the prevention of explosions, which are rare but catastrophic events. The
net benefits, which must be estimated on an annual basis, do not necessarily reflect the impact of preventing
a given explosion or series of explosions, since each would be unique in terms of its impacts.
IV. Feasibility
MSHA did not receive any comments on the feasibility analysis presented in the preamble of the ETS. The Agency concludes that the requirements of the final rule are technologically and economically feasible.
A. Technological Feasibility
MSHA concludes that this final rule is technologically feasible. The final rule is not technology-forcing. The benefits of rock dusting have been known for at least a century. Mine operators have been required to comply with the Coal Act, Mine Act, and ETS rock dusting requirements in 30 CFR 75.403, collectively for more than 40 years. The final rule adopts the ETS requirement for total incombustible content of dust in the mine. The final rule does not require operators to make any innovations in existing equipment or techniques used to rock dust.
B. Economic Feasibility
MSHA also concludes that this final rule is economically feasible. The U.S. underground bituminous sector produced an estimated 331,682,552 short tons of coal in 2009. Using the 2009 price of underground coal of $55.77 per short ton, and estimated 2009 coal production in tons, underground coal revenues are estimated to be approximately $18.5 billion. MSHA estimated the yearly compliance costs of the final rule to be $26.3 million, which is 0.14 percent of revenues ($26.3 million/$18.5 billion) for underground bituminous coal mines. MSHA has traditionally used a revenue screening test--whether the yearly compliance costs of a regulation are less than 1 percent of revenues--to establish presumptively that compliance with the regulation is economically feasible for the mining community.
V. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act (SBREFA)
Pursuant to the Regulatory Flexibility Act (RFA) of 1980, as amended by SBREFA, MSHA has analyzed the impact of the final rule on small businesses. Based on that analysis, MSHA has notified the Chief Counsel for Advocacy, Small Business Administration, and made the certification under the Regulatory Flexibility Act at 5 U.S.C. 605(b) that the final rule will not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is presented below.
A. Definition of a Small Mine
Under the RFA, in analyzing the impact of the final rule on small
entities, MSHA must use the Small Business Administration (SBA)
definition for a small entity or, after consultation with the SBA
Office of Advocacy, establish an alternative definition for the mining
industry by publishing that definition in the Federal Register for
notice and comment. MSHA has not taken such an action and is required
to use the SBA definition. The SBA defines a small entity in the mining
industry as an establishment with 500 or fewer employees.
In addition to examining small entities as defined by SBA, MSHA has
also looked at the impact of this final rule on underground bituminous
coal mines with fewer than 20 employees, which MSHA and the mining
community have traditionally referred to as ``small mines.'' These
small mines differ from larger mines not only in the number of
employees, but also in economies of scale in material produced, in the
type and amount of production equipment, and in supply inventory. The
costs of complying with the final rule and the impact of the final rule
on small mines will also be different. It is for this reason that small
mines are of special concern to MSHA.
MSHA concludes that it can certify that the final rule will not have a significant economic impact on a substantial number of small
entities that are covered by this final rule. The Agency has determined
that this is the case both for mines with fewer than 20 employees and
for mines with 500 or fewer employees.
B. Factual Basis for Certification
MSHA initially evaluates the impacts on ``small entities'' by
comparing the estimated compliance costs of a rule for small entities
in the sector affected by the rule to the estimated revenues for the
affected sector. When estimated compliance costs are less than one
percent of the estimated revenues, the Agency believes it is generally
appropriate to conclude that there is no significant economic impact on
a substantial number of small entities. When estimated compliance costs
exceed one percent of revenues, MSHA investigates whether a further
analysis is required.
For underground bituminous coal mines, the estimated preliminary
2009 production was 4,972,836 short tons for mines that had fewer than
20 employees and 241,426,542 short tons for mines that had 500 or fewer
employees. Using the 2009 price of underground coal of $55.77 per short
ton and total 2009 coal production in short tons, underground coal
revenues are estimated to be approximately $277.3 million for mines
employing fewer than 20 employees and $13.4 billion for mines employing
500 or fewer employees. The yearly costs of the final rule for mines
that have fewer than 20 employees is 0.12 percent ($338,000/$277.3
million) of annual revenues, and the yearly costs of the final rule for
mines that have 500 or fewer employees is 0.14 percent ($19.2 million/
$13.5 billion) of annual
revenues. Using either MSHA's traditional definition of a small mine
(one having fewer than 20 employees) or SBA's definition of a small
mine (one having 500 or fewer employees), the yearly costs for
underground bituminous coal mines to comply with the final rule will be
less than 1 percent of estimated revenues. Accordingly, MSHA has
certified that the final rule will not have a significant impact on a
substantial number of small entities that are covered by the final
rule.
VI. Paperwork Reduction Act of 1995
The final rule contains no additional information collections under the Paperwork Reduction Act.
VII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act of 1995
MSHA has reviewed the final rule under the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). MSHA has determined that the final rule does not include any federal mandate that may result in increased expenditures by State, local, or tribal governments; nor will it increase private sector expenditures by more than $100 million in any one year or significantly or uniquely affect small governments. Accordingly, the Unfunded Mandates Reform Act of 1995 requires no further Agency action or analysis.
B. Executive Order 13132: Federalism
The final rule does not have ``federalism implications'' because it will not ``have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Accordingly, under E.O. 13132, no further Agency action or analysis is required.
C. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations Act of 1999 (5 U.S.C. 601 note) requires agencies to assess the impact of Agency action on family well-being. MSHA has determined that the final rule will have no effect on family stability or safety, marital commitment, parental rights and authority, or income or poverty of families and children. The final rule impacts only the underground bituminous coal mine industry. Accordingly, MSHA certifies that the final rule will not impact family well-being.
D. Executive Order 12630: Government Actions and Interference With Constitutionally Protected Property Rights
The final rule does not implement a policy with takings implications. Accordingly, under E.O. 12630, no further Agency action or analysis is required.
E. Executive Order 12988: Civil Justice Reform
The final rule was written to provide a clear legal standard for affected conduct and was carefully reviewed to eliminate drafting errors and ambiguities, so as to minimize litigation and undue burden on the Federal court system. Accordingly, the final rule will meet the applicable standards provided in section 3 of E.O. 12988, Civil Justice Reform.
F. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
The final rule will have no adverse impact on children. Accordingly, under E.O. 13045, no further Agency action or analysis is required.
G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
The final rule does not have ``tribal implications'' because it will not ``have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.'' Accordingly, under E.O. 13175, no further Agency action or analysis is required.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to publish a statement of energy effects when a rule has a significant energy action (i.e., it adversely affects energy supply, distribution or use). MSHA has reviewed this final rule for its energy effects because the final rule applies to the underground coal mining sector. Because the final rule will result in yearly costs of approximately $26.3 million to the underground coal mining industry, relative to annual revenues of $18.5 billion in 2009, MSHA has concluded that it is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Accordingly, under this analysis, no further Agency action or analysis is required.
VIII. References
Cashdollar K. 1996. Coal dust explosibility.
J Loss Prev Process Ind 9(1):65-76.
Cashdollar K, Hertzberg M. 1989. Laboratory
study of rock dust inerting requirements:
effects of coal volatility, particle size
and methane addition. In: Proceedings of
the 23rd International Conference of
Safety in Mines Research Institutes
(Washington, DC, September 11-15,
1989). Pittsburgh, PA: U.S. Department
of the Interior, Bureau of Mines, pp. 965-
977.
Cashdollar K, Sapko M, Weiss E, Harris M,
Man C, Harteis S, Green G. 2010.
Recommendations for a New Rock
Dusting Standard to Prevent Coal Dust
Explosions in Intake Airways. Report of
Investigations 9679. National Institute
for Occupational Safety and Health,
Pittsburgh Research Laboratory,
Pittsburgh, PA, May. 59 Pages.
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 1982.
Report of Investigation. Underground
Coal Mine Dust Explosion. No. 11 Mine
(ID No. 15-02290). Adkins Coal
Company. Kite, Knott County, Kentucky.
December 7, 1981. U.S. Department of
Labor. 60 Pages. [Missing Appendices I
through L]
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 1982.
Report of Investigation. Underground
Coal Mine Dust Explosion. No. 1 Mine
(ID No. 15-12624). RFH Coal Company.
Craynor, Floyd County, Kentucky.
January 20, 1982. U.S. Department of
Labor. 53 Pages. [Missing Appendices J
through M]
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 1993.
Report of Investigation. Underground
Coal Mine Explosions. Scotia Mine I.D.
No. 15-02055. Scotia Coal Company.
Ovenfork, Letcher County, Kentucky.
March 9 and 11, 1976. U.S. Department
of Labor. August 11, 1993. 229 Pages.
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 1993.
Report of Investigation. December 7,
1992. Underground Coal Mine
Explosion. #3 Mine ID. No. 44-06594.
Southmountain Coal Co., Inc. Norton,
Wise County, Virginia. U.S. Department
of Labor. May 6, 1993. 67 Pages.
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 1995.
Report of Investigation. May 11, 1994.
Underground Coal Mine Explosion. No.
9 Mine I.D. No. 15-16418. Day Branch
Coal Company, Inc. Pathfork, Harlan
County, Kentucky. U.S. Department of
Labor, May 26, 1995. 49 Pages. [Missing
Appendix H].
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 2002.
Report of Investigation. Fatal
Underground Coal Mine Explosions.
September 23, 2001. No. 5 Mine Jim
Walter Resources, Inc. Brookwood,
Tuscaloosa County, Alabama. ID No. 01-2001-20 through 32, December 11, 2002.
125 Pages.
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 2010.
Emergency Temporary Standard—
Maintenance of Incombustible Content of
Rock Dust in Underground Coal Mines
(75 FR 57849), September 23, 2010.
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 2010.
Program Information Bulletin No. P10-
18, Accumulation of Combustible
Materials and Rock Dust. September 21,
2010. 3 Pages.
Department of Labor, Mine Safety and Health
Administration (DOL/MSHA). 2010.
Procedure Instruction Letter No. 10-V-
16, Accumulation of Combustible
Materials and Rock Dust. October 14,
2010. 3 Pages.
Dubaniewicz T. 2009. From Scotia to
Brookwood, fatal US underground coal
mine explosions ignited in intake air
courses. J Loss Prev Process Ind
22(1):52-58.
Hintermann B, Alberini A, Markandya A.
2010. Estimating the Value of Safety with
Labor Market Data: Are the Results
Trustworthy? Applied Economics
42(9):1085-1100.
National Institute for Occupational Safety
and Health (NIOSH). 2006. Float Coal
Dust Explosion Hazards. NIOSH
Technology News No. 515, April. DHHS
(NIOSH) Publication No. 2006-125. 2
Pages.
Office of Management and Budget (OMB).
1992. Circular No. A-94, ''Guidelines
and Discount Rates for Benefit-Cost
Analysis of Federal Programs,'' October
29, 1992. 22 Pages.
Sunstein C. 2004. Valuing Life: A Plea for
Disaggregation. Duke Law Journal, 54
(November 2004): 385-445.
U.S. Bureau of Economic Analysis. 2010.
National Income and Product Accounts
Table: Table 1.1.9. Implicit Price
Deflators for Gross Domestic Product
[Index numbers, 2005 = 100]. Revised
May 27, 2010. 3 Pages. http://www.bea.gov/national/nipaweb/
TableView.asp?SelectedTable=13&Freq=
Qtr&FirstYear=2006&LastYear=2008
U.S. Department of Energy (DOE). 2010.
Energy Information Administration (EIA,
2010). Annual Coal Report 2009, Table
28. Revised October 1, 2010. 1 Page.
Viscusi W, Aldy J. 2003. The Value of a
Statistical Life: A Critical Review of
Market Estimates Throughout the World.
Journal of Risk and Uncertainty 27:5-76.
IX. Final Rule--Regulatory Text
List of Subjects in 30 CFR Part 75
Mine safety and health, Underground coal mines, Combustible Materials and Rock Dusting.
Dated: June 15, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
Chapter I of Title 30, part 75 of the Code of Federal Regulations is amended as follows:
PART 75--SAFETY STANDARDS FOR UNDERGROUND COAL MINES
- Authority: 30 U.S.C. 811.
§ 75.403 Maintenance of incombustible content of rock dust.
Where rock dust is required to be applied, it shall be distributed upon the top, floor, and sides of all underground areas of a coal mine and maintained in such quantities that the incombustible content of the combined coal dust, rock dust, and other dust shall be not less than 80 percent. Where methane is present in any ventilating current, the percent of incombustible content of such combined dust shall be increased 0.4 percent for each 0.1 percent of methane.
[FR Doc. 2011-15247 Filed 6-20-11; 8:45 am]
BILLING CODE 4510-43-P
