On Wednesday, MSHA announced the release of a final rule to lower the current dust standard by 25%, from 2.0 milligrams per cubic meter of air to 1.5 milligrams in all underground and surface coal mines. Immediately, a great deal of concern was expressed by the Association, NMA and several companies for the overwhelming economic burden these rules will place on the industry with questionable resulting benefit. MSHA’s “cherry-picking” of data to support their position while disregarding legions of contrary findings and the immense progress that has been achieved over the past decade through cooperation between the companies, miners and agencies. Personal protective measures were not included while mandating the use of equipment that is not yet refined or available in the quantities that will be required. While these rules seem to be, yet another, attack on the industry in the Obama administration’s War on Coal, WVCA member, Murray Energy, filed an intention to sue MSHA over the arbitrary means used in developing these rules. The full Association statement is included below.
The final rule becomes effective August 1, 2014 and sequentially phases-in over a 24-month period, by August 1, 2016 and complete final rule can be accessed at: https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-09084.pdf
Wednesday’s announcement was followed, on Thursday in Arlington, VA, with the first of seven stakeholder briefings to explain the specifics of the rule. Additional stakeholder briefings will be held at locations throughout the coalfields on the following dates: 05/08/14--Beaver, WV (Districts 4/12)--National Mine Health and Safety Academy; 05/20/14--Hazard, KY (Districts 5/6/7); 05/22/14--Washington, PA (Districts2/3); 05/29/14--Evansville, IN (Districts 8/10); 06/03/14--Birmingham, AL (District 11); and, 06/05/14--Grand Junction, CO (District 9).