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MSHA Proposes Limits on 'Belt-Air' Ventilation

Posted on: Monday, 23 June 2008, 00:00 CDT

By Ken Ward Jr.

Staff writer

Federal regulators will issue proposed rules today aimed at toughening limits on the coal industry's use of conveyor belt tunnels as fresh-air ventilation intakes in underground mines.

But critics say the U.S. Mine Safety and Health Administration proposal does not go far enough to prevent belt fires like the one that killed two workers in January 2006 at Massey Energy's Aracoma Alma No. 1 Mine.

MSHA proposed to tighten its reviews of coal company plans to use the same underground tunnels for coal conveyor belts and fresh-air ventilation intakes.

But the MSHA proposal did not limit "belt-air" ventilation as much as would occur under legislation that passed the House of Representatives in January.

The United Mine Workers union, along with Rep. Nick J. Rahall, D- W.Va., said Wednesday that they continue to support outlawing belt air.

"The only sure way to prevent further loss of life to this practice is to ban it from mines unless absolutely necessary," Rahall said.

Carol Raulston, spokeswoman for the National Mining Association, said that her group had not seen the MSHA proposal yet and would not comment Wednesday afternoon.

MSHA's proposal, published in today's Federal Register, was written to comply with a legislative order and also responds to the recommendations of a technical study panel set up by congressional mandate.

The proposal requires more rigorous MSHA review before coal operators are allowed to use the same underground tunnels for coal conveyor belts and fresh-air ventilation intakes.

Also, the proposal would force coal operators to increase their efforts to inspect and clean up conveyor belt tunnels to avoid equipment problems and debris buildup that can cause fires.

"The objective of this proposed rule is to improve mine safety by significantly reducing the hazard of conveyor belt fires in underground mines," said acting MSHA chief Richard Stickler.

"Thanks to the unanimous recommendations of the Technical Study Panel, MSHA has published a proposed rule that would include requirements for improved flame-resistant conveyor belts, fire prevention and detection in belt entries, standardized tactile signals on lifelines, and approval of the use of air from the belt entry to ventilate working sections."

Under the MSHA proposal, belt air could not be used unless mine operators show that its use "affords at least the same measure of protection" as if belt-air ventilation were not being used.

Aaron Albright, press secretary for House Labor Committee Chairman George Miller, D-Calif., said Miller's legislation - generally outlawing belt air except where "necessary for safety reasons" - would be preferable to the MSHA proposal.

Senate Labor Chairman Edward Kennedy, D-Mass., agreed.

"Belt air should be prohibited except when no other protection is available to guarantee miners' safety," said Kennedy spokeswoman Melissa Wagoner. "By failing to take this step in the proposed rule, MSHA has missed the opportunity to fully protect miners."

Since at least 1969, the use of conveyor belt tunnels as fresh- air intakes for underground mines had been generally illegal. Critics argue the practice helps carry flames and toxic fumes toward miners. In 2004, the Bush administration rewrote federal rules to allow the widespread use of belt air. The move gave the coal industry a regulatory change it had sought for many years.

Two years earlier, the Bush administration also had thrown out a proposal to require improved fire-resistant conveyor belts to be used in underground coal mines. The MSHA proposal takes a step toward reversing that move.

But, unlike the House-passed legislation, the MSHA proposal does not contain a time limit for operators replacing existing belts with the better equipment.

Sen. Robert C. Byrd, D-W.Va., noted on Wednesday it has taken repeated congressional mandates for the Bush administration to reverse its course and try to improve mine safety regulation. "Tragically, West Virginia miners even had to die before the safety review was initiated," Byrd said. "I hope and pray that this proposed rule is tough enough."

Reach Ken Ward Jr. at kward@wvgazette.com or 348-1702.

(c) 2008 Charleston Gazette, The. Provided by ProQuest Information and Learning. All rights Reserved.

Source: Charleston Gazette, The

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