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Statement of Need: Section 10 of the MINER Act requires the Secretary of Labor to finalize mandatory standards relating to the sealing of abandoned areas in underground coal mines no later than December 15, 2007, and that provide for an increase in the 20 psi standard currently in effect. Adequate seals are crucial to containing explosions and preventing the migration of potentially explosive methane-air mixtures from worked out areas to the working areas of an underground coal mine. The MINER Act as well as data from MSHA’s evaluation of alternative seals in underground coal mines has led the Agency to determine that revisions to existing standards for alternative seals are necessary.

Summary of the Legal Basis: Promulgation of this regulation is authorized by the Federal Mine Safety and Health Act of 1977 and the MINER Act of 2006.

Alternatives: The Mine Safety and Health Administration is reviewing the information from the Darby No. 1 Mine and Sago Mine accidents to determine if the use of alternative seal techniques contributed to those accidents. The Agency is also conducting test explosions in experimental mines to determine the relationships between seal design and construction and the ability to withstand explosive forces. This information will assist the Agency in developing new standards consistent with the requirements of the MINER Act.

Anticipated Costs and Benefits: MSHA will develop a preliminary regulatory economic analysis to accompany any rule that may be developed.

Risks: Recent accidents and MSHA data show that there are problems with the construction and use of alternative methods and materials to create seals. Properly constructed seals are crucial to containing explosions and preventing the migration of potentially explosive methane-air mixtures from worked out areas to the working areas of an underground coal mine. The exact scope of the problem is unknown at this time. However, the reliability of at least 30,000 seals in underground coal mines is in question because of their potential to endanger miners who work in mines with sealed areas.