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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. In addition to the requirement in the MINER Act, 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: As required by the MINER Act, MSHA must publish a regulation that increases the 20 psi standard. The Mine Safety and Health Administration is reviewing the information from recent accidents in underground coal mines and the draft report from the National Institute for Occupational Safety and Health to determine an appropriate and protective regulatory course of action. 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 the proposed rule.

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