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U.S. Department of Labor


 Mine Safety and Health Administration
1100 Wilson Boulevard
Arlington, Virginia 22209-3939




ISSUE DATE: February 8, 2007

PROGRAM INFORMATION BULLETIN NO. P07-03

FROM:           KEVIN G. STRICKLIN  KEVIN G. STRICKLIN
                       Acting Administrator for
                       Coal Mine Safety and Health

SUBJECT:     Implementation of Section 2 of the Mine Improvement and New Emergency Response
                         (MINER) Act of 2006: Options for Providing Post-Accident Breathable Air to
                         Underground Coal Miners. This Program Information Bulletin should be used in
                         conjunction with Program Policy Letter No. P06-V-10

Who needs this information?
Underground coal mine operators, miners and miners' representatives, independent contractors, Mine Safety and Health Administration (MSHA) enforcement and technical support personnel, and other interested parties need this information. This Program Information Bulletin (PIB) is issued to provide additional guidance to mine operators and MSHA district managers. This information should be used in conjunction with Program Policy Letter (PPL) No. P06-V-10 (October 24, 2006), concerning implementation of emergency response plans.

What is the purpose of this PIB?
Section 2 of the MINER Act requires that each underground coal mine operator adopt a written accident response plan ("emergency response plan" or ERP) that, among other things, "provide[s] for … emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time." In this PIB, MSHA reiterates that, in the event of a mine emergency, the first line of defense is to evacuate the mine.

PIBs are temporary directives used to disseminate information or announcements of immediate interest to MSHA employees, mine operators, and other parties. This PIB is intended to be advisory in nature and informational in content. While Section 2 of the MINER Act imposes breathable air requirements on operators, this PIB does not impose additional requirements independent of the MINER Act. It does, however, represent the Secretary's interpretation of the quantity of breathable air that would be sufficient to maintain miners for a sustained period of time. This PIB discusses options for operators that may be of assistance in developing ERPs and for MSHA district managers who must exercise their discretion in approving ERPs. This PIB focuses on the quantity of breathable air needed, addresses the means for providing that air to trapped miners, and informs mine operators that they should train miners on the breathable air provisions of the ERP. In accordance with the MINER Act, post-accident breathable air is intended to maintain trapped miners until rescue teams reach them.

Information
I. Quantity of Breathable Air. In determining the quantity of breathable air necessary to sustain trapped miners, operators should consider specific mine conditions. The ERPs should identify all relevant variables that may impact the time required, under a variety of adverse conditions, to provide breathable air to trapped miners.

Below are some options that may satisfy the breathable air requirement:
    1) An established borehole capable of providing fresh air to a location within 2,000 feet of the working section or a hardened room in accordance with the Emergency Mine Evacuation final rule (71 FR 71037, 71430, December 8, 2006), located within 2,000 feet of the working section.

    2) Each miner should be provided a 48-hour supply of breathable air, if advance contingency arrangements have been made to reliably assure that miners who cannot be rescued within 48 hours will receive additional supplies of breathable air sufficient to sustain them until rescue. These contingency arrangements should be based on the following (other arrangements offering similar levels of protection also may suffice):

      a) A pre-arranged, pre-surveyed area for barricading or other location that would isolate the miners from contaminated environments, located within 2,000 feet of the working section.

      b) The capacity to promptly transport a drill rig to a pre-surveyed location such that a drilled hole would intersect the area designated for barricading (or other alternatives that would isolate the miners from contaminated environments).


    3) Each miner should be provided a 96-hour supply of breathable air located within 2,000 feet of the working section.

    4) The operator may use other methods to provide breathable air sufficient to sustain miners trapped underground for a period of time that reasonably would be expected to establish a fresh air source for trapped miners, as long as these methods provide equivalent safety protection.
II. Location and Method of Providing Breathable Air. The ERPs should describe the operator's method for providing breathable air to trapped miners and establish the locations in which breathable air will be maintained. PPL 06-V-10 described some options through which miners could isolate themselves from contaminated/hazardous environments. ERPs should provide for breathable air within areas designated for barricading (or other alternatives that will isolate the miners from contaminated environments) and should establish the location of these areas. The locations of these areas should be shown on the escape map.

Within these areas, the supply of breathable air could be provided through various methods, including the following:

    A. Boreholes with fresh air blowing fans capable of providing fresh air to trapped miners;

    B. Buried or otherwise protected air lines supplied by surface positive pressure blowers and routed to locations that will isolate miners from contaminated environments;

    C. Compressed air cylinders, oxygen cylinders, or chemical oxygen generators located at a designated area for barricading or other alternatives that would isolate miners from contaminated environments. When supplying breathable air through one of these methods, carbon dioxide scrubbing capability is necessary to prevent contamination of the isolated environment.
MSHA has issued further information in Hazard Awareness for Compressed Air and Compressed Oxygen, which is available at www.msha.gov. MSHA has also developed additional information concerning methods for providing breathable air. This additional information addresses calculations for developing quantity of breathable air, and includes scrubbing capability, where applicable. This information is also available on MSHA's website (See Attachments).

III. Training in the Use of Breathable Air. ERPs should specify that all persons going underground will be trained on the breathable air provisions in the ERP.

IV. Timetable for Submission and Implementation of Breathable Air Portion of ERP.
    A. Submission of the portion of ERP addressing breathable air. Mine operators must submit this portion of the ERP not more 30 days after the date of this PIB.

    B. Implementation of the portion of ERP addressing breathable air. Mine operators must implement the breathable air provisions of the ERP not more than 60 days after the plan is approved.
What is the background for this PIB?
On June 15, 2006, the MINER Act became effective. Section 2 of the MINER Act amends Section 316 of the Federal Mine Safety and Health Act of 1977 and requires underground coal mine operators to develop and adopt, within 60 days of enactment, a written emergency response plan which is to be approved by MSHA. This section further requires that the ERP provide for the evacuation of all individuals endangered by an emergency and the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine. This Act requires that all emergency response plans shall provide for emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time.

What is MSHA's authority for this PIB?
The Federal Mine Safety and Health Act of 1977, as amended by the MINER Act, June 15, 2006.

Where is this PIB on the Internet?
This information may be viewed on MSHA's home page (http://www.msha.gov ), choosing "Compliance Info" and "Program Information Bulletins."

Who are the MSHA contact persons for this PIB?
Coal Mine Safety and Health
Terry Bentley, (202) 693-9500
E-mail: Bentley.Terry@dol.gov

Who will receive this PIB?
MSHA PPM Holders
Underground Coal Operators
Miners' Representatives
Independent Contractors
Special Interest Groups

Attachments




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