MSHA Emergency Standard on Incombustible Content of Rock Dust in Underground Coal Mines
MSHA has issued an emergency temporary standard (ETS) under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners in underground bituminous coal mines face when accumulations of coal dust are not made inert. MSHA has concluded that immediate action is necessary to protect miners. The ETS requires mine operators to increase 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 ETS further requires that the incombustible content of such combined dust be raised 0.4 percent for each 0.1 percent of methane present. The ETS strengthens the protections for miners by reducing the potential for a coal mine explosion and reducing the severity of explosions should they occur. The emergency rules are effective September 23, 2010. Each mine operator shall comply with the ETS by October 7, 2010, for newly mined areas and November 22, 2010 for all other areas of the mine. Comments are due October 19, 2010. The ETS must be replaced with a final rule within 9 months. MSHA will conduct hearings on October 26, 2010, October 28, 2010, November 16, 2010, and November 18, 2010. See http://edocket.access.gpo.gov/2010/2010-23789.htm for locations.