United States: Under The Radar? Final Phase Of MSHA Rules On Coal Dust

It is no secret that now is a turbulent time for the coal industry in Wyoming and across the county.

My hometown was once synonymous with coal mining; in fact, my great-grandfather moved from working in the coal mines of Walsenburg, Colorado to Wyoming to work in the coal mines of Rock Springs. To say coal mining was once robust in my home state would have been an understatement. At one time, there were said to be more than 130 coal mines operating in Sweetwater County, Wyoming. Read the full essay on Rock Springs, Wyoming by Chris Propst on WyoHistory.org here.

We have all seen the recent headlines concerning bankruptcies, debates about self-bonding and coal mine remediation requirements and coal-reliant states diversifying their revenue sources in light of the downturn in the coal industry. Slightly under the radar, however, another coal-related issue has been happening without too much publicity – the increased regulation of coal mine dust.

The Mine Safety and Health Administration ("MSHA") revised standards on exposure to respirable coal mine dust back in 2014 – see the final rule here. The rule was aimed at lowering the amount of permissible coal dust over a two year period.

• Why Is This Important Right Now?

You guessed it – we are coming to the end of the two year period. The final phase of the rule began this month – on August 1, 2016. The final phase of the rule lowers the respirable dust limit from 2.0 mg per cubic meter of air to 1.5 mg per cubic meter of air.

According to an article in The National Law Review entitled, Respirable Coal Dust Samples Prove New Dust Rule is Achievable, Mine Safety Agency Announces, "99 percent of the coal mine dust samples collected from April 1, 2016, through June 30, 2016, were in compliance with its coal mine dust standards requiring lower levels of dust."

This is big news for the coal sector – not under the radar for the industry.

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