Pa. sees tougher laws on mining

HARRISBURG - First, there was Quecreek Mine in western Pennsylvania. Then, Sago Mine in West Virginia. Now, Crandall Canyon, Utah.

With each of those mining disasters, a chorus has called out for stronger mine-safety laws in Pennsylvania, the nation's fourth largest coal-producing state.

Now, for the first time since the dramatic rescue at Quecreek in Somerset County five years ago, this refrain might lead to change. Shortly after the Utah mine collapse on Aug. 6, Gov. Rendell issued a statement saying he would make passage of a new mining law a priority this fall, and the chief sponsor of a long-stalled mine bill is prepared to introduce a more comprehensive bill this fall.

Meanwhile, mine operators and union negotiators, often at odds over regulations, say they are working toward agreement on controversial provisions contained in that phone-book-size bill.

"The time is right," said Will Dando, spokesman for the bill's sponsor, Sen. Richard Kasunic (D., Fayette). "This bill will allow greater oversight and greater ability for new technology to be used in the mines."

Across the state, 7,500 people are employed in about 50 coal operations, from small mines in the anthracite region in Northeast Pennsylvania to the sprawling bituminous mines in the southwestern corner. Though fewer people are employed in the industry than in years past, coal production remains at 1980s levels or higher, according to industry and state officials.

Although hopes have grown that new safety regulations could be enacted this year, there remain disputes over key components of the bill.

The Department of Environmental Protection said most of the key proposals being put forth by the Pennsylvania Coal Association, which represents the majority of the mine operators in the state, are unacceptable.

"There are a series of things that would restrict the state's ability to ensure the safety of the miners and the ability to act when there are unsafe practices in the mines," said Kathleen McGinty, secretary of the Department of Environmental Protection, which oversees mine permitting and safety at the state level.

However, the less controversial elements of the bill, which make up much of its expected 400 pages, eliminate antiquated language, incorporate new federal laws and new state policies, and strengthen safety standards and training. The state mining law, which still includes regulations for the use of animals in the mines, was last updated almost 50 years ago.

Central to the bill is the creation of a Mine Safety Board - whose makeup is the source of dispute - that would have the power to update mine regulations without legislative approval.

This latest push to update the Mine Safety Act followed the 2002 Quecreek accident, when miners breached the walls of an abandoned, flooded mine, trapping themselves behind a wall of water. In what has become known as "the miracle at Quecreek," all nine were rescued safely after 77 hours underground.

The accident triggered federal and state investigations that blamed outdated maps, and prompted Gov. Mark Schweiker to form a commission that recommended 48 policy changes.

The state has implemented many recommendations, including increasing buffer zones between active and abandoned mines, improving cataloguing of mine maps, and requiring mine owners to prove they are using the most up-to-date maps. Mine-worker training, permitting and inspection processes have tightened under the Rendell administration.

But efforts to pass sweeping revisions to the Mine Safety Act have been unsuccessful since Kasunic introduced the first post-Quecreek bill in 2005.

That 215-page bill appeared poised for committee passage after the Sago disaster in January 2006. But George Ellis, president of the Pennsylvania Coal Association, said his members objected to the makeup of the new Mine Safety Board.

As proposed, the board would comprise one representative each from the union and mine owners, and would be chaired by the secretary of the Department of Environmental Protection. This, in effect, gave the agency the power to implement regulatory changes without having to go through the lengthy legislative approval process.

"It would have given the Department of Environmental Protection broad authority over the Mine Safety Board and no checks or parameters," Ellis said.

The new proposal eliminates the department representative on the board but would allow a final signoff on all actions by the DEP secretary, he said.

McGinty said yesterday that her agency needed more authority to protect mine worker safety, not less.

Schweiker, who oversaw the Quecreek rescue, said yesterday he did not want to see a bill that diminishes the authority of the state agency.

"I'd have to come down on the side of Secretary McGinty," said Schweiker, who now heads the Greater Philadelphia Chamber of Commerce. "We have a pretty good record of enforcement and do a balanced job, but mines are dangerous and too much can go wrong quickly. Allowing the agency to make regulations makes sense to me."

Schweiker said the lessons of Quecreek, Sago and Crandall Canyon are reason to keep fighting for better laws. "I'd hate to think that back-room dithering could lead to injury or death on Pennsylvania mines," Schweiker said. "We can't wait another five years. I'd like to see it done in five months or five weeks, if possible."