September 5, 2007

The coal mining industry may get hit with new federal rules. The movement to improve upon a mining safety law enacted last year has been afoot for a while. But the recent accident in Utah that has left 6 miners trapped has given the cause new legs.

The discussion over tougher coal mining safety laws is really part of a broader issue. That is, the nation is currently reliant on foreign oil supplies and ample domestic coal reserves now offer some reprieve. Budding technologies that allow coal to be liquefied or gasified can do everything from power cars to fuel generation facilities in an environmentally better way. Coal, however, remains dirtier than other fuel sources.

Coal now supplies more than half the nation's electricity needs. It's under constant attack from critics who point out that coal facilities account for a third of carbon dioxide emissions that are tied to climate change. It is also responsible for most of the pollutants that are regulated under the Clean Air Act that involve sulfur dioxide, nitrogen oxide and particulate matter. And, it is blamed for mercury emissions that harm reproductive abilities and mental development in children.

The fact that six men were buried alive in a Utah mining accident while three others died trying to save them just adds fuel to the fire. And, in the days following the initial accident there, three other miners died in an Indiana coal mine. Last year, 47 people gave their lives in mining accidents - tragedies that led President Bush to sign the Mine Improvement and New Emergency Response Act.

That law requires operators of underground coal mines to improve accident preparedness. Mining companies must develop emergency response plans that are specific to each mine they operate while requiring that every mine have at least two rescue teams located within one hour. Now, some lawmakers want to expound on those requirements and to use laws enacted by West Virginia and Kentucky as model legislation.

Those states are taking advantage of new technologies so that they can use underground oxygen supplies and can carry out faster emergency response. Miners will keep emergency communication and tracking devices while mine operators will store extra air supplies underground. Workers would be guided to those added supplies through sophisticated lighting systems. The proposed legislation, introduced by Democratic Representatives George Miller of California and Nick Rahall of West Virginia, would establish new penalties for mine violations and create an ombudsman that would investigate any complaints filed by miners or their families.

"This legislation is especially important because it will help prevent dangerous situations from happening in the first place," says Dennis O'Dell, administrator for occupational health for the United Mine Workers of America.

More Rules

Records show that mining-related deaths numbered about 3,000 a year in the early part of the 20th century. By 1969, when the Federal Mine Safety Health Administration was formed, there were 200 a year. In 1990, 67 peopled died in mining accidents -- a number reduced to about 55 a year in the early 2000 time period. In 2005, 22 died. But 2006 is the worst year in a decade.

Beyond closer oversight, fatalities have generally declined over the years because mines have become increasingly mechanized and therefore need much less manpower than before. Critics of current coal mining oversight contend, however, that safety violations at coal mines are not adequately penalized. And furthermore, they say that oftentimes the fines are not even collected. They add that neglectful mine operators need to understand that they will be held accountable for their actions.

But representatives of some eastern coal-producing states along with the mine safety and health administration met with members of Congress and advised them to give the current law time to take effect. All said the proposed measure was fraught with unrealistic expectations and timelines. It makes no sense, they say, to force industry to implement even newer technologies that have yet to be proven. Since enactment of the June 2006 law, the industry points out that it has invested $250 million to comply.

The legislation now pending would "try to force improvement through the imposition of punitive measures that bear little understanding of the complexities of today's mining environment," says the National Mining Association. It emphasizes that it worked closely with the unions and members of Congress to help enact last year's mine safety rules.

Already, 86,000 "self-rescuers" have been placed in operation in the last year and another 100,000 are on their way, the association says. Every miner has now been trained on how to use those masks that pump oxygen in emergencies. Underground coal mines have, furthermore, implemented systems to track miners along with redundant communication networks. And, finally, all 550 underground mines have submitted plans to provide post-accident breathable air while the industry is continually training rescue teams.

It's unfair to paint the coal industry as profiteers that are more interested in production than the personal well-being of their miners. But, high profile accidents play into the hands of those who are gunning for the industry.

The scrutiny is fruitful. Congress will grapple with whether to enact even tougher mining safety laws as well as whether to implement stricter clean air provisions. The coal industry's image and fate, however, are to some extent in its own hands. If the industry meets the challenges and continues to innovate, it will remain viable. If it does not, it will lose ground to other, cleaner fuel sources.

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Ken Silverstein EnergyBiz Insider Editor-in-Chief