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					         Report of the
 West Virginia Mine Safety
       Roundtable
            on the
Challenges and Opportunities
     For Implementing
     WV Senate Bill 247


            March 1, 2006
Page Intentionally Blank
                                   WV Mine Safety Roundtable
                                             March 1, 2006




                                       REPORT
                         West Virginia Mine Safety Roundtable:
            Challenges and Opportunities for Implementing WV Senate Bill 247

Complied March 1, 2006 from discussions held February 20, 2006 at the Charleston Civic
Center, Charleston, West Virginia.

             The following report is the result of a facilitated discussion by a cross
             section of expert West Virginia mining stakeholders on the challenges
             and opportunities for implementation of West Virginia Senate Bill 247
             regarding improved mine safety. This document is neither represented
             as consensus nor comprehensive and does not represent the official
             positions of the organizers, the individuals involved nor their
             employers. Rather it is intended to help foster and focus the
             discussion that is currently underway within the West Virginia mining
             community.

Contents
                                                                                                 Page
Roundtable Summary                                                                                 3
Appendix A    WV Senate Bill 247                                                                   5
Appendix B    Roundtable Members                                                                  13
Appendix C    Challenges and Opportunities1                                                       21
Appendix D    Roundtable Process                                                                  37

The NRCCE wishes to acknowledge those that participated as roundtable members for it is their
wisdom that is reflected in this document. We also wish to express gratitude to the National
Energy Technology Laboratory and Cambridge Associates, Ltd. for providing critical expertise
and coordination assistance without which this activity could not have been accomplished in a
timely manner.

Question regarding this document or the process used should be directed to Richard Bajura
304.293.2867 x 5401 or Randall Harris at 304.239.3760.




                             Copies of this document can be obtained
                               at www.nrcce.wvu.edu/energyforum
                                or by calling 304.293.2867 x5420


   1
     An addendum is being prepared and will be available as above that will contain all the unedited
   comments from the facilitation sessions.

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                                    WV Mine Safety Roundtable
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                                 SUMMARY
                 of the West Virginia Mine Safety Roundtable
                                    on the
      Challenges and Opportunities for Implementing WV Senate Bill 247

On February 20, 2006 in Charleston, West Virginia the West Virginia University National
Research Center for Coal and Energy (WVU NRCCE) convened a roundtable of 40 mining
experts2 with a collective experience of 946 years, who will be affected by implementation of
West Virginia Senate Bill 2473 on mine safety. The objective of the roundtable was to collect
expert opinion on the challenges and opportunities to better inform the discussion regarding
implementation.

The West Virginia Legislature enacted SB-247 in record time at the request of Governor Joe
Manchin, III which he signed into law on January 26, 20064. The urgency was due to four major
mining accidents in less than a month that resulted in the deaths of 16 people. On February 1,
2006, the West Virginia Office of Miners’ Health Safety and Training (MHS&T) and the
Division of Homeland Security and Emergency Management of the Department of Military
Affairs and Public Safety (DMAPS) wrote and filed emergency rules to begin implementing SB-
2475. The new law spotlighted three major areas for strengthening mine safety; accident
notification and response, emergency air supply, and underground communication and tracking.
Roundtable members were asked to focus on these areas.

Roundtable members agreed that the law spotlighted important areas that deserved attention.
The facilitated discussions resulted in members identifying 32 significant challenges for
implementation and opportunities for addressing them6. In no particular order, these challenges
were:

Regarding emergency notification and response:
 − What is the concise definition of an emergency?
 − At what point does the emergency notification time begin?
 − What is the role and responsibility of DMAPS in notification and response?
 − What is the role of WV MHS&T in the 1-800 mine emergency notification numbers?
 − How do we overcome conflict in notification and response between different levels of State
   and Federal jurisdiction?
 − Can State requirements for mine rescue teams be more effective?
 − Does notifying DMAPS make a more effective emergency response?
 − How can we enhance and/or develop mine-specific emergency response plans?
 − What new training is needed to implement the notification/response portions of the law?
 − How do we handle liability for mine emergency responders?

2
  Appendix B – Roundtable Members and Coordinating Team
3
  Appendix A – WV Senate Bill 247 at
    http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/SB247%20SUB1%20eng.htm
4
  http://www.legis.state.wv.us/bill_text_html/2006_sessions/RS/billinformation.cfm?input=247
5
  Miner rule http://www.wvsos.com/adlaw/proposed/56-04er.pdf and Notification rule at
    http://www.wvsos.com/adlaw/proposed/170-01er.pdf
6
  Appendix C – Challenges and Opportunities
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                                WV Mine Safety Roundtable
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Regarding communications and tracking:
 − Will communication/tracking technologies that work pre-disaster continue to work post-
   disaster?
 − What are the optimum communication/tracking performance standards and certification
   requirements?
 − How do we speed communication/tracking technology deployment?
 − Can we change the Mine Safety and Health Administration (MSHA) approval to ensure that
   technologies will work properly, not just that they are safe?
 − How can we encourage development of communication/tracking systems?
 − How do we include flexibility into the communication/tracking rules?
 − How do we emphasize survivability of communication/tracking systems?
 − How do we ensure adequate training in use and service for communication/tracking
   systems?
 − How do we ensure the availability of communication/tracking devices?
 − Will new wireless communication/tracking systems interfere with existing wired and
   wireless systems?
 − How do we handle scale of communication/tracking for small mines?
 − How can West Virginia encourage development of communication/tracking technologies?


Regarding emergency air supply
 − Will storing additional self-contained self-rescuers (SCSR’s) encourage miners to barricade
   rather than escape?
 − What are practical consequences of storing large numbers of SCSR’s in a working section?
 − Are the SCSR storage intervals right?
 − Should the law focus on providing emergency air instead of selecting a particular solution?
 − While SCSR costs are not the primary concern, what provision can be made for assisting
   smaller mines?
 − What can be done to control the costs of liability insurance for operators and product
   liability insurance for SCSR manufacturers?
 − Are there barricading alternatives that should be explored?
 − How do we fund development of alternative emergency air solutions?
 − How do we need to modify training of miners to address the emergency air provisions of the
   law?
 − What kind of future air supply development should be pursued?


The NRCCE hoped that the results of the Roundtable would provide insight for speakers slated
to appear at the West Virginia Safety Rules Forum on March 1, 2006 in Charleston, W.Va.,
hosted by Governor Joe Manchin, III and co-sponsored by the West Virginia Coal Forum, the
WVU NRCCE, the Approval and Certification Center of MSHA, the Center for Environmental
and Applied Science at Marshall University, Southern West Virginia Community and Technical
College, and the Mining Extension Service of West Virginia University.

 This report is available at www.nrcce.wvu.edu/energyforum or by calling 304.293.2867 x5420.



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                             APPENDIX A – SENATE BILL 247

http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/SB247%20SUB1%20eng.htm
______________________________________________________________________________

                                         ENGROSSED

                                 COMMITTEE SUBSTITUTE

                                              FOR

                                      Senate Bill No. 247

                      (By Senators Tomblin, Mr. President, and Sprouse,

                                 By Request of the Executive)

                                        ____________

                        [Originating in the Committee on the Judiciary;

                                  reported January 23, 2006.]

                                        ____________


A BILL to repeal §22A-2-69 of the Code of West Virginia, 1931, as amended; to amend said
code by adding thereto a new article, designated §15-5B-1, §15-5B-2, §15-5B-3, §15-5B-4 and
§15-5B- 5 ; to amend and reenact §22A-2-55 and §22A-2-66 of said code; and to amend said
code by adding thereto a new section, designated §24-6-14, all relating to mine and industrial
emergencies; creating the Mine and Industrial Accident Rapid Response System; providing
requirements for protective equipment in underground mines; providing for criminal penalties
for the unauthorized removal of or tampering with certain protective equipment; defining certain
terms; providing for notification requirements in the event of an accident in or about any mine
and imposing a civil administrative penalty for the failure to comply with such notification
requirements; providing rule-making authority; and clarifying the responsibilities of county
answering points.

Be it enacted by the Legislature of West Virginia:
That §22A-2-69 of the Code of West Virginia, 1931, as amended, be repealed; that said code be
amended by adding thereto a new article, designated §15-5B-1, §15-5B-2, §15-5B-3, §15-5B-4
and §15- 5B-5 ; that §22A-2-55 and §22A-2-66 of said code be amended and reenacted; and that
said code be amended by adding thereto a new section, designated §24-6-14, all to read as
follows:




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                              CHAPTER 15. PUBLIC SAFETY.

ARTICLE 5B. MINE AND INDUSTRIAL ACCIDENT RAPID RESPONSE SYSTEM.
§15-5B-1. Legislative purpose; Mine and Industrial Accident Rapid Response System
created.
(a) The Legislature finds that the health and safety of persons working in and around the mining
industry and other industries is of paramount concern to the people of West Virginia and that
deaths and serious injuries resulting from dangerous working conditions cause grief and
suffering to workers and their families. The Legislature further finds that there is an urgent need
to provide more effective means and measures for improving emergency response and
communications for dealing with mine and industrial accidents. The Legislature declares that it is
in the best interest of the citizens of West Virginia to designate an emergency telephone number
for mining or industrial personnel to initiate a rapid emergency response to any mine or
industrial accident. Provision of a single, primary emergency number through which emergency
services can be quickly and efficiently obtained and through which the response of various state
agencies charged by law with responding to mine and industrial emergencies can be coordinated
will significantly contribute to the public good. The Mine and Industrial Accident Rapid
Response System will provide a vital resource to the citizens of West Virginia by providing a
critical connection between the Director of the Office of Miners' Health, Safety and Training, the
Division of Homeland Security and Emergency Management, local and regional emergency
services organizations and other responsible agencies.
(b) The Mine and Industrial Accident Rapid Response System is hereby created and shall consist
of:
(1) The Mine and Industrial Accident Emergency Operations Center established in section two of
this article; and
(2) The 24-hour-a-day statewide telephone number established by the Director of the Division of
Homeland Security and Emergency Management.

§15-5B-2. Mine and industrial accident emergency operations center.

( a) The Director of the Division of Homeland Security and Emergency Management, working in
conjunction with the Office of Miners' Health, Safety and Training, shall maintain the Mine and
Industrial Accident Emergency Operations Center, which shall be the official and primary state
government twenty-four hour a day communications center for dealing with mine and industrial
accidents.
(b) The emergency operations center shall be operated twenty- four hours a day, seven days a
week by emergency service personnel employed by the Director to provide emergency assistance
and coordination to mine and industrial accidents or emergencies.
(c) The emergency operations center shall be readily accessible twenty-four hours a day at a
statewide telephone number established and designated by the Director.

§15-5B-3. Emergency mine response.
(a) To assist the Division of Homeland Security and Emergency Management in implementing
and operating the Mine and Industrial Accident Rapid Response System, the Office of Miners'
Health, Safety and Training shall, on a quarterly basis, provide the emergency operations center
with a mine emergency contact list: Provided, That in the event of any change in the information
contained in the mine emergency contact list, such changes shall be provided immediately to the
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emergency operations center. The mine emergency contact list shall include the following
information:
(1) The names and telephone numbers of the Director of the Office of Miners' Health, Safety and
Training, or his or her designee, including at least one telephone number at which the Director or
designee may be reached at any time;
(2) The names and telephone numbers of all district mine inspectors, including at least one
telephone number for each inspector at which each inspector may be reached at any time;
(3) A current listing of all regional offices or districts of the Office of Miners' Health, Safety and
Training, including a detailed description of the geographical areas served by each regional
office or district; and
(4) The names, locations and telephone numbers of all mine rescue stations, including at least
one telephone number for each station that may be called twenty-four hours a day and a listing of
all mines that each mine rescue station serves in accordance with the provisions of section thirty-
five, article one, chapter twenty- two-a of this code .
(b) Upon the receipt of an emergency call regarding any accident, as defined in section sixty-six,
article two, chapter twenty-two-a of this code, in or about any mine , the emergency operations
center shall immediately notify:
(1) The Director of the Office of Miners' Health, Safety and Training;
(2) The district mine inspector assigned to the district or region in which the accident occurred;
(3) All mine rescue stations that provide rescue coverage to the mine in question; and
(4) Local emergency service personnel in the area in which the accident occurred.
(c) In the event that an emergency call regarding any accident, as defined in section sixty-six,
article two, chapter twenty-two-a of this code, in or about any mine , is initially received by a
county answering point, the call shall be immediately forwarded to the Mine and Industrial
Accident Emergency Operations Center.
(d) Nothing in this section shall be construed to relieve an operator, as defined in section two,
article one, chapter twenty- two-a of this code, from any reporting or notification obligation
under federal law.
(e) The Mine and Industrial Accident Rapid Response System and the emergency operations
center are designed and intended to provide communications assistance to emergency responders
and other responsible persons. Nothing in this section shall be construed to conflict with the
responsibility and authority of an operator to provide mine rescue coverage in accordance with
the provisions of section thirty-five, article one, chapter twenty-two-a of this code or the
authority of the Director of the Office of Miners' Health, Safety and Training to assign mine
rescue teams under the provisions of subsection (d) of said section or to exercise any other
authority provided in chapter twenty-two-a of this code.

§15-5B-4. Study of other industrial emergencies.
The Director of the Division of Homeland Security and Emergency Management shall
immediately cause a study to be conducted to determine the feasibility of providing emergency
coverage to other industrial, manufacturing, chemical or other emergencies through the Mine and
Industrial Accident Rapid Response System. On or before the first day of November, two
thousand six, the Director shall submit a report to the Governor, the President of the Senate and
the Speaker of the House of Delegates setting forth the findings of his or her study and
recommendations for legislation consistent with the purposes of this article.



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§15-5B-5. Rule-making authority.
The Director of the Division of Homeland Security and Emergency Management shall propose
emergency and legislative rules for promulgation in accordance with article three, chapter
twenty- nine-a of this code regarding the implementation and administration of the Mine and
Industrial Accident Rapid Response System. The requirements of this article enacted during the
regular session of the Legislature in January, two thousand six, shall not be implemented until
the emergency rule authorized herein has been approved.


             CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.

ARTICLE 2. UNDERGROUND MINES.

§22A-2-55. Protective equipment and clothing.
(a) Welders and helpers shall use proper shields or goggles to protect their eyes. All employees
shall have approved goggles or shields and use the same where there is a hazard from flying
particles or other eye hazards.
(b) Employees engaged in haulage operations and all other persons employed around moving
equipment on the surface and underground shall wear snug-fitting clothing. (c) Protective gloves
shall be worn when material which may injure hands is handled, but gloves with gauntleted cuffs
shall not be worn around moving equipment. (d) Safety hats and safety-toed shoes shall be worn
by all persons while in or around a mine: Provided, That metatarsal guards shall are not be
required to be worn by persons when working in those areas of underground mine workings
which average less than forty-eight inches in height as measured from the floor to the roof of the
underground mine workings. (e) Approved eye protection shall be worn by all persons while
being transported in open-type man trips. (f)(1) A self-contained self-rescue device approved by
the Director shall be worn by each person underground or kept within his immediate reach and
such the device shall be provided by the operator. The self-contained self-rescue device shall be
adequate to protect such a miner for one hour or longer. Each operator shall train each miner in
the use of such device and refresher training courses for all underground employees shall be held
during each calendar year.
(2) In addition to the requirements of subdivision (1) of this subsection, the operator shall also
provide caches of additional self-contained self-rescue devices throughout the mine in
accordance with a plan approved by the director. Each additional self-contained self-rescue
device shall be adequate to protect a miner for one hour or longer. The total number of additional
self- contained self-rescue devices, the total number of storage caches and the placement of each
cache throughout the mine shall be established by rule pursuant to subsection (i) of this section.
Intrinsically safe battery-powered strobe lights shall be affixed to each cache and shall be
capable of automatic activation in the event of an emergency. A luminescent sign with the words
"SELF- CONTAINED SELF-RESCUER" or "SELF-CONTAINED SELF-RESCUERS" shall be
conspicuously posted at each cache and luminescent direction signs shall be posted leading to
each cache. Lifeline cords or other similar device, with reflective material at 25-foot intervals,
shall be attached to each cache from the last open crosscut to the surface. The operator shall
conduct weekly inspections of each cache, the affixed strobe lights and each lifeline cord or other
similar devise to ensure operability.
(3) Any person that, without the authorization of the operator or the director, knowingly removes
or attempts to remove any self- contained self-rescue device or battery-powered strobe light,
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approved by the director, from the mine or mine site with the intent to permanently deprive the
operator of the device or light or knowingly tampers with or attempts to tamper with such device
or light shall be deemed guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for not less than one year nor more than ten years or fined not less than
ten thousand dollars nor more than one hundred thousand dollars, or both.
(g)(1) A wireless emergency communication device approved by the director and provided by
the operator shall be worn by each person underground. The wireless emergency communication
device shall, at a minimum, be capable of receiving emergency communications from the surface
at any location throughout the mine. Each operator shall train each miner in the use of the device
and provide refresher training courses for all underground employees during each calendar year.
The operator shall install in or around the mine any and all equipment necessary to transmit
emergency communications from the surface to each wireless emergency communication device
at any location throughout the mine.
(2) Any person that, without the authorization of the operator or the director, knowingly removes
or attempts to remove any wireless emergency communication device or related equipment,
approved by the director, from the mine or mine site with the intent to permanently deprive the
operator of the device or equipment or knowingly tampers with or attempts to tamper with the
device or equipment shall be guilty of a felony and, upon conviction thereof, shall be imprisoned
in a state correctional facility for not less than one year nor more than ten years or fined not less
than ten thousand dollars nor more than one hundred thousand dollars , or both.
(h)(1) A wireless tracking device approved by the director and provided by the operator shall be
worn by each person underground. In the event of an accident or other emergency, the tracking
device shall be capable of providing real-time monitoring of the physical location of each person
underground: Provided, That no person shall discharge or discriminate against any miner based
on information gathered by a wireless tracking device during nonemergency monitoring. Each
operator shall train each miner in the use of the device and provide refresher training courses for
all underground employees during each calendar year. The operator shall install in or around the
mine all equipment necessary to provide real-time emergency monitoring of the physical location
of each person underground.
(2) Any person that, without the authorization of the operator or the director, knowingly removes
or attempts to remove any wireless tracking device or related equipment, approved by the
director, from a mine or mine site with the intent to permanently deprive the operator of the
device or equipment or knowingly tampers with or attempts to tamper with the device or
equipment shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility for not less than one year nor more than ten years or fined not less than ten
thousand dollars nor more than one hundred thousand dollars , or both.
(i) The director may promulgate emergency and legislative rules to implement and enforce this
section pursuant to the provisions of article three, chapter twenty-nine-a of this code. The
requirements of this article enacted during the regular session of the Legislature in January, two
thousand six, shall not be implemented until the emergency rule authorized herein has been
approved.

§22A-2-66. Accident; notice; investigation by Office of Miners' Health, Safety and
Training.
(a) For the purposes of this section, the term "accident" means:
(1) The death of an individual at a mine; (2) An injury to an individual at a mine which has a
reasonable potential to cause death; (3) The entrapment of an individual; (4) The unplanned
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inundation of a mine by a liquid or gas; (5) The unplanned ignition or explosion of gas or
dust;(6) The unplanned ignition or explosion of a blasting agent or an explosive; (7) An
unplanned fire in or about a mine not extinguished within five minutes of ignition; (8) An
unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use
or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage;
(9) A coal or rock outburst that causes withdrawal of miners or which disrupts regular mining
activity for more than one hour; (10) An unstable condition at an impoundment, refuse pile or
culm bank which requires emergency action in order to prevent failure, or which causes
individuals to evacuate an area, or the failure of an impoundment, refuse pile or culm bank; (11)
Damage to hoisting equipment in a shaft or slope which endangers an individual or which
interferes with use of the equipment for more than thirty minutes; and (12) An event at a mine
which causes death or bodily injury to an individual not at the mine at the time the event occurs.
(b) Whenever by reason of any explosion or other any accident occurs in or about any coal mine
or the machinery connected therewith, loss of life, or serious personal injury occurs, it is the duty
of the superintendent of the mine, and in his or her absence, operator or the mine foreman in
charge of the mine to give immediate notice, within fifteen minutes of ascertaining the
occurrence of an accident, to the director and the inspector of the district Mine and Industrial
Accident Emergency Operations Center at the statewide telephone number established by the
Director of the Division of Homeland Security and Emergency Management pursuant to the
provisions of article five-b, chapter fifteen of this code stating the particulars of such the
accident: Provided, That the operator or the mine foreman in charge of the mine may comply
with this immediate notice requirement by immediately providing notice to the appropriate local
organization for emergency services as defined in section eight, article five of said chapter, or the
appropriate local emergency telephone system operator as defined in article six, chapter twenty-
four of this code: Provided, however, That nothing in this subsection shall be construed to relieve
the operator from any reporting or notification requirement under federal law.
(c) The director shall impose, pursuant to rules authorized in this section, a civil administrative
penalty of one hundred thousand dollars on the operator if it is determined that the operator or
the mine foremen in charge of the mine failed to give immediate notice as required in this
section: Provided, That the director may waive imposition of the civil administrative penalty at
any time if he or she finds that the failure to give immediate notice was caused by circumstances
wholly outside the control of the operator.
(d) If anyone is killed, the inspector shall immediately go to the scene of such the accident and
make such recommendations and render such assistance as he or she may deem necessary for the
future safety of the men and investigate the cause of such the explosion or accident and make a
record. thereof which He or she shall preserve the record with the other records in his or her
office. The cost of such the investigation records to shall be paid by the Office of Miners' Health,
Safety and Training., and A copy shall be furnished to the operator and other interested parties.
To enable him or her to make such an investigation, he or she has the power to compel the
attendance of witnesses and to administer oaths or affirmations. The director has the right to
appear and testify and to offer any testimony that may be relevant to the questions and to cross-
examine witnesses.




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                    CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.
§24-6-14. Notification of mining accidents.
Each county answering point that receives a call reporting an accident in or about any mine shall
immediately route the call to the Mine and Industrial Accident Emergency Operations Center
created pursuant to section two, article five-a, chapter fifteen of this code.




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      APPENDIX B – ROUNDTABLE AND COORDINATING TEAM MEMBERS

Roundtable Members

Barker, Allyn Sue           Southern West            304.792.7041    allynb@southern.wvnet.edu
                            Virginia Community
                            and Technical College
Allyn Sue Barker is Vice President for Economic, Workforce, and Community Development at Southern West
Virginia Community and Technical College. She is responsible for the administrative direction and budget for all
non-academic credit programs at Southern West Virginia Community and Technical College, which include
continuing education, community education, economic development, workforce training and re-training programs
and activities, customized training, Small Business Development Center, Regional Contracting Assistance Center,
APPALREAD, Region 2 WorkForce WV Satellite Sites, Courtesy Patrol Educational Component, and Parent
Education in cooperation with the West Virginia Supreme Court.

Birchfield, Dale            Foundation Coal          304.469.2047      dbirchfield@foundationcoal.com
Mr. Birchfield is president of Kingston Resources, a subsidiary of Foundation Coal, for the past 6 years. He has
35 years of engineering and management experience in the West Virginia mining industry.

Bradford, Tim            MHS&T                                        TBradford@minesstate.wv.us
Mr. Bradford is General Counsel to the West Virginia Office of Miner’s Health Safety and Training.

Brune, Jürgen              NIOSH, Disaster        412.386.4922        jbrune@cdc.gov
                           Response
Mr. Brune is Chief, Disaster Prevention and Response Branch, NIOSH Pittsburgh Research Laboratory. He has
an M.S. in Mining from the Colorado School of Mines and a B.S. and Ph.D. in Mining from the University of
Clausthal, Germany. He also has over 23 years experience in surface and underground mining operations,
engineering, research, and management.

Carney, Clay                WVDHS EM                                  ccarney@wvdmaps.gov
Mr. Carney is a native Charlestonian with the Division of Homeland Security and Emergency Management of the
Department of Military Affairs and Public Safety. He has worked in the Operations section for 23 years, and prior
to that, spent 20 years in U.S. Air Force where he was involved in communications.

Castle, Mike               Alpha Natural           304.757.1334     mcastle@alphanr.com
                           Resources
The former Director of WV DEP, Mr. Castle previously worked in a number of mine operational and managerial
capacities in West Virginia and Kentucky. He has a law degree from Chase College of Law, a Master’s Degree in
Environmental Science from Marshall University, and a Mining Engineering degree from the University of
Kentucky.

Chirdon, David            MSHA, Electrical            304.547.2026      Chirdon.David@dol.gov
                          Safety
Mr. Chirdon received a BS in Engineering of Mines in 1981 from WVU. He has worked for the Mine Safety and
Health Administration (MSHA) Approval and Certification Center since 1983. He spent the first 10 years of his
career performing evaluations of explosion-proof enclosures, underground mining machines, and longwall mining
systems. He has investigated electrical equipment accidents and mine explosions, conducted field studies of
electrical mining equipment, provided litigation assistance and provided technical support o federal and state
agencies, equipment manufacturers, and mine operators. From 1994 through 1997 he supervised the Intrinsic
Safety and Instrumentation Branch. He is currently the Chief of the Electrical Safety Division.




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Coleman, Donnie          Southern Safety, Inc.      304.683.9493       donnie.coleman@verizon.net
Mr. Coleman has operated Southern Safety, Inc. for the past 25 years as a mine safety consultant. He has an A.S.
in Mining Engineering focused on mine design, mine safety training, and designing safety programs for surface
and underground mines. He has also served as Captain of the Mine Reserve Team.

Coleman, Randy             Charles Ryan             304-556-9108
                           Associates
Mr. Coleman is Vice President for Public Relations at Charles Ryan Associates. Formerly, he was Deputy
Cabinet Secretary, for the West Virginia Department of Military Affairs and Public Safety and he served as the
West Virginia State House Correspondent for the Associated Press.

Dean, Jim                 MHS&T                    304.558.1425       James.Dean@mines.state.wv.us
Mr. Dean was appointed as Acting Director of the State of West Virginia Office of Miners’ Health, Safety and
Training by Governor Joe Manchin, III on February 14, 2006. Prior to his appointment he served as Director of
the West Virginia University Extension and Outreach Service and Associate Director of the Mining Extension
Program from February 1997. He has been with the University Extension Program since August 1991, serving in
positions of Lecturer, Undergraduate Advisor, Acting Associate Director, Associate Director, and Director.

Dickens, Kenny             MHS&T                      304.558.1425       kdickens@mines.state.wv.us
Administrator of the West Virginia Board of Coal Mine Health & Safety, Mr. Dickens has experienced all sides
of the mining industry. As a miner with Peabody Coal Co. for 22 years he knows the day-to-day health and safety
issues facing the working men and women of the industry. As a representative for both the UMWA and the West
Virginia Coal Mine Health & Safety Board of Appeals, he understands the processes associated with claims
resolution and contract negotiation. As an Adjunct Professor at the West Virginia University Institute of
Technology teaching courses on industrial relations and human resources, he appreciates the theory and history
behind labor-management relationships. Finally, as an attorney, he understands and is aware of the legalities
regarding the health and safety issues facing the coal miner and the coal industry.

Dushac, Harry              United Supply           412.289.7573     hdushac@peoplepc.com
Mr. Dushac is the Product Manager for breathing apparatus, mine communication equipment, gas detection
products, and other general mine safety supplies.

Doane, Mary               Draeger Safety Inc.                       Mary.Doane@draeger.com
Ms. Doane is Regional Sales Manager for Mining at Draeger Safety Inc. She has over 11 years experience in
mine safety systems. She is a member of the Draeger Safety’s Emergency Response Team.

Edwards, Chuck            CSE Corporation         412.856.9200     cre@csecorporation.com
Mr. Edwards is the National Sales Manager for CSE Corp. in Monroeville, PA. He has been in the mining
equipment industry for 20 years. CSE manufactures SCSR’s and gas detection systems.

Hall, Don                  Acordia Energy Group 606.433.1060          don_hall@acordia.com
Mr. Hall is Assistant Vice President and Senior Loss Control Consultant for Acordia Mid-Atlantic Energy Group.
He has 25 years of coal mining experience as a coal company safety director, trainer, foreman, and hourly worker.
He has a B.S. in math and science as well as an Associates Degree in mine safety management.

Hapney, Ted              UMWA                     304.346.0341       hapney56@hotmail.com
Mr. Hapney has 30 years mining industry experience – 20 years in mine health and safety and 10 years with the
International UMWA.




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Holt, Jack                 Consol Energy             412.831.4053      jackholt@consolenergy.com
Mr. Holt has worked in mine health and safety for over 30 years working as a safety manager for Consolidated
Coal Southern Appalachian Region from 1979-1986. He was also the Health & Safety Director for DuPont and is
currently the Senior Vice President of Safety for Consol Energy. He is a former member of the State of West
Virginia Board of Coal Mining Health and Safety 1982-1990.

Hudson, Terry              Peabody Energy           304.340.1772       Thudson@peabodyenergy.com
Mr. Hudson is the Safety Director for the Appalachia operations where he oversees safety functions for the all
Appalachia operations. He has worked in the coal industry for 25 years, beginning at Armco's No. 7 Mine in
Montcoal, W.Va. He has held various positions in the safety area for most of his mining career, most recently as
manager of safety and training for the Harris and Rocklick Operating Units in West Virginia. He holds a
bachelor's degree in management and a master's degree in Occupational Safety and Health from Marshall
University.

Hughes, Tom              Hughes Supply              800.675.4739     hughesupply@charter.net
Mr. Hughes, a West Virginia native, is the founder and owner of Hughes Supply Company, which opened for
business in 1985. Hughes Supply Co. is an MSHA approved contractor for underground communications.

Justice, Brad                Justice Mine Service      304.664.9655      BradJustice@netzero.net
Mr. Justice is currently employed by Justice Mine Services, a safety consulting business which represents
approximately 35 small companies. During his 18 years in the mining industry he has held many positions
including that of District Inspector for the State of West Virginia. As an administrator and captain of the
Southern Coalfield Mine Rescue Team, he is very active in mine rescue and recovery operations and has been
involved in several rescue and recovery operations such as at Loveridge, Pinnacle #50, and the Aracoma Mine
fire.

Kent, Denis                Mine Site Technology 705.675.7468             d.kent@minesite.com.au
Mr. Kent is Mine Site Technology’s Business Development Manager and has worked on the personnel
emergency device (PED) system for 18 years managing underground communication systems and applications.
He spent 10 years at coal operations in Australia where he started in the coal mines, having held mine foreman
(deputy), shift manager, and mine manager positions. He is mine-rescue trained.

Koesterer, Mike            Mine Site Technology 705.675.7468          m.koesterer@minesite.com.au
Mr. Koesterer has been in the mining industry for 31 years. The majority of his career was with Joy Mining
Machinery on a number of senior management assignments around the world. He joined Mine Site Technology
in 2005 as General Manager of the Americas.

Kovac, John                 NIOSH                     412.386.6471    jkk5@cdc.gov
Mr. Kovac has been a scientist with the U.S. Bureau of Mines and NIOSH for nearly 30 years. For most of that
time he has been responsible for research in the design and development of respirators used in mine emergencies,
as well as respirator standards development.

Kravitz, Jeff, Ph.D.   MSHA                    304.547.2026     Kravitz.Jeffery@dol.gov
Chief, Mine Emergency Operations (MEO) and Special Projects MSHA technical support. In charge of MSHA
MEO equipment of mine rescue teams. Has been with MSHA for 33 years.




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Macia, Alex                 Spilman Law                304.340.3833     amacia@spilmanlaw.com
Alex is a member at Spilman Thomas & Battle, PLLC. His primary areas of practice are general litigation,
administrative and government relations law. He has extensive experience in mediation, government relations,
promoting legislation and arbitration matters. He was the former Chief of Staff and General Counsel to the Office
of Governor Bob Wise. Prior to his government work, he had varied corporate experience in practicing before
federal and state courts. He holds a B.A. in Political Science and German from West Virginia University and his
J.D. from George Washington University. He was inducted into Phi Beta Kappa and was a Fulbright Scholar to
Universita et Bonn, Germany. He is admitted to the West Virginia State Bar, West Virginia Supreme Court of
Appeals, U.S. District Courts for the Southern and Northern Districts of West Virginia, and the U.S. District
Courts for the Southern and Eastern Districts of New York.

Moore, Todd              Consol Energy             304.534.4702      toddmoore@consolenergy.com
Mr. Moore is Chief Inspector for Consol Energy with 26 years experience working to improve coal mine safety in
large underground mines.

Mosser, Mike                NETL                      304.285.4723      morgan.mosser@netl.doe.gov
Since 2000, Mr. Mosser has served as a Project and Portfolio Manager for the Mining Industries of the Future
Program at the National Energy Technology Laboratory (NETL) of the U.S. Department of Energy in
Morgantown, WV. The Mining Program administers and manages a portfolio of 48 R&D Projects with the focus
on energy efficiency and energy savings. He began his career working in the Southwestern Pennsylvania coal
fields for US Steel Corporation. He started as a roof bolter and advanced through various management positions
and companies before becoming VP of Operations at Philippi Development. During his 28 years experience in the
coal industry, he has developed, operated and managed 12 surface/underground coal mines. He completed a BS
in Mining Engineering from West Virginia University and an MBA from Waynesburg College and recently
became a certified Project Manager Professional (PMP). Five of the projects under his management were
selected for the prestigious R&D 100 Award.

Nutter, Roy               WVU                       304.293.5263       roy.nutter@mail.wvu.edu
                                                    x2510
WVU Professor Nutter holds a B.S., M.S., and Ph.D. in Electrical Engineering from West Virginia University.
Following two years at NCR developing microprocessor based equipment for the banking industry, Dr. Nutter
returned to WVU to teach electrical and computer engineering where he has remained in various capacities since
1974. While a graduate student, Dr. Nutter worked under Dr. M. Dayne Aldridge on research in underground
communications. Following Dr. Nutter’s return to WVU in 1974, he concentrated on applying computers and
communications to underground coal mining for which he was named a Fellow of the IEEE in 1993. He has
published many papers, holds several patents, and has contributed to several generations of B.S., M.S., and Ph.D.
graduates in Electrical Engineering and Computer Engineering and more recently Computer Science at WVU.

Persinger, Wayne           Massey Energy Co.        304.854.1890       wayne.persinger@masseyenergy.com
Wayne Persinger is Vice President of Elk Run Coal Co., Inc. He has 25 years mining experience as a certified
WV Mine Foreman, Shot-Firer, EMT-M, Mine Rescue, MSHA Instructor, equipment operator, production
foreman, and safety director. He attended Mountain State University, has been a member of Elk Run's mine
rescue team since its inception (1982) and a Massey Energy Member since 1981.

Phillips, CA               WV MHS&T                 304.558.1425        caphillips@mines.state.wv.us
Mr. Phillips is Deputy Director, Office of Miners Health, Safety, and Training with 37 years of mining
experience.




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Purdue, Ken                Alpha Natural              304.256.1015        kperdue@alphanr.com
                           Resources
Mr. Perdue is from southern West Virginia and is a 1971 honor graduate of Mullens High School. He has been a
safety professional in mining for the past 31 years. He has spent his career trying to instill the value of safety into
co-workers at the surface and underground locations in Central Appalachia where he has worked. During his
career Mr. Purdue has served on many boards and commissions and has helped draft and implement rules and
regulations to enhance the safety of all of our miners. He is currently employed by Alpha Natural Resources,
LLC as the manager of safety for central West Virginia operations, located in Beckley, WV.

Rohrig, Adam             Acordia Energy Group 276.619.6054         adam_rohrig@acordia.com
Mr. Rohrig has worked for various mining and mining supply companies in West Virginia for the past 15 years.
He has an M.S. in Mine Safety and Environmental Management from WVU. He currently insures mining
companies in North and South America.

Schiffbauer, William        NIOSH                      412.386.6835       wcs7@cdc.gov
Mr. Schiffbauer attended the University of Pittsburgh and Penn State University. He has been employed at
NIOSH and the former U.S. Bureau of Mines for 36 years. His research interests include the development and
application of communications, control and navigation systems for the purpose of improving the safety and health
of miners. He has authored over 50 publications on a wide range of subjects. He received the NIOSH Research to
Practice Award in 2005, the Outstanding Technical Employee of the Year award from the Federal Executive
Board from Pittsburgh in 2002, and the Meritorious Service Award presented by the U. S. Department of the
Interior. He is the holder of five patents for coal miner safety devices.

Spiker, Joe                 WVU Mining                304.293.4211      jespiker@mail.wvu.edu
                            Extension                 x3805
Joe Spiker is the Interim Director of the Mining Extension Services and the Director of the Emergency
Preparedness Center in the College of Engineering and Mineral Resources at West Virginia University. He holds
a B.S. in Earth and Space Sciences and Master's degrees in Safety Management and Business Administration. He
is a Certified Safety Professional and has over 18 years of underground coal mining experience in a number of
operational, supervisory and managerial positions at two major coal companies in southwestern Pennsylvania.
 Mr. Spiker also has over 14 years experience as captain of a mine rescue team and has been involved in fighting
underground coal mine fires. In his present position, he works with coal companies in developing emergency
response programs and training miners at the different response levels.

Sullivan, Art               Norwest Corp.            724.225.9905       asullivan@norwestcorp.com
Art Sullivan has been a Vice President of Norwest Corporation for the past 11 years. He has worked in the coal
industry for 40 years, serving as an equipment operator, foreman, superintendent, general manager and president
of a mid-sized coal company. With Norwest he has managed safety related projects for several USA coal
companies, and he has done safety related work in India, Ukraine, and Mexico. He has worked in safety research
with the U.S. Bureau of Mines, has been a member of mine rescue teams and has served as the General Manager
of Safety and Training for Jim Walter Resources.

Szwilski, Tony              Marshall, CEGAS          304.696.5457      szwilski@marshall.edu
Currently, Director of Marshall University’s Center for Environmental, Geotechnical and Applied Sciences
(CEGAS) and its graduate Mine Safety and Health program, Dr. Szwilski received his Ph.D. in Geomechanics
and a B.Sc. in Mining Engineering from the University of Nottingham, UK. He is a Professional Engineer in the
U.S. and a European Engineer and Chartered Engineer, United Kingdom. He also was certified as a Surface Mine
Manager and Underground Mine Manager. He has held academic and consulting positions in the U.S. and
internationally, including Department of Mining Engineering, University of Kentucky; Department of Mineral
Engineering, University of Alberta in Canada; Chief Technical Advisor for Mine Safety & Health in China,
United Nations-International Labor Office in China; Technical Advisor to Mining Industry, and in Peru for the
British Ministry of Overseas Development.




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Trackemas, Jack D.        Foundation Coal Co.       724-627-2203      jtrackemas@foundationcoal.com
Mr. Trackemas is Director of Technical Services of Foundation Coal Co. He provides technical services to all
Foundation Coal Operations. His group is currently researching available products and technology to comply
with current proposed regulations for West Virginia Operations.

Trout, Gary                UMWA                       304.346.0341       garytrout@charterinternet.com
Mr. Trout began mining in 1973 and has operated various types of equipment over the years. He has also been
involved in health and safety for over 20 years dealing with mine fires and emergencies.

Tucker, Fred              UMWA/WV Coal              304.558.1425
                          Forum
Following a distinguished career as a coal miner and contract specialist with UMWA, Mr. Tucker was appointed
to the Mine Safety and Technical Review Commission for the State of West Virginia in 1992. He also serves as
Co-Chairman on behalf of UMWA for the West Virginia Coal Forum.

Uittenbogaard, John        Lockheed Martin            651-456-3471      John.i.uittenbogaard@lmco.com
Mr. Uittenbogaard is Systems Engineer/Engineering Manager, Lockheed Martin MS2, Tactical Systems. He is
currently serving as the System Architect and Lead Systems Engineer for the exterior communications system on
the Littoral Combat Ship (LCS), the U.S. Navy’s newest warship. Previous experience includes the system
architect and lead systems engineer for the Virginia and Seawolf class submarines for the U.S. Navy. He is a
Professional Engineer (P.E.) in the State of Minnesota. He has a B.S. in Electrical Engineering (B.S.E.E.) from
Minnesota State University, Mankato, MN and served as a Signal Officer for 10 years in the U.S. Army National
Guard.


Coordination Team

Antizzo, Karen B.          NETL/SAIC                 301.428.7659        karen.b.antizzo@saic.com
Scribe–Subgroup C
Ms. Antizzo has attended Towson State University and the University of Maryland. She has been employed as a
government contractor for 16 years and at SAIC for 13 years. Her experience includes providing program and
project management support to various environmental and defense programs of the Department of Energy (DOE),
the Environmental Protection Agency (EPA), and the National Institute of Standards and Technology (NIST).
Primary areas of expertise include regulatory and policy analysis, technology management, program planning,
project management, document and web development and review, data management, and quality assurance. She
has authored and co-authored various DOE, EPA, and NIST publications.

Aziz, Majeed                NETL/BCS                410.997.7778       maziz@bcs-hq.com
Recorder–Subgroup B                                 x 224
Mr. Aziz received a B.S. degree in Management Science and Information Systems in 2002 from The
Pennsylvania State University. Since that time, Mr. Aziz has been with BCS, Incorporated providing technical
and analytical support to the U.S. Department of Energy (DOE), Industrial Technologies Program’s (ITP) Mining
R&D portfolio

Bajura, Richard             WVU/NRCCE                   304.293.2867       bajura@ mail.wvu.edu
Moderator                                               x 5401
Dr. Bajura is Director of the National Research Center for Coal and Energy (NRCCE) at West Virginia
University where he has spent 19 years facilitating research programs in energy and environment. He served as
manager of five major interdisciplinary, inter-institutional research programs addressing a wide range of energy
applications from resource extraction to alternative fuels. He is skilled at coordinating and managing research
programs involving multiple faculty members, multiple disciplines, and multiple institutions. He oversees a total
research budget of approximately $14 million per year. He received his Ph.D., MSME, and BSME from the
University of Notre Dame.




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Buckland, Teresa            Marshall University        304.696.5453     buckland@marshall.edu
Admin. Assistant
Ms. Buckland is the Senior Administrative Secretary for the Center for Environmental, Geotechnical and Applied
Sciences (CEGAS) and the College of Information Technology and Engineering (CITE) at Marshall University.
In the nearly 30 years prior to returning to her hometown of Huntington, WV and Marshall University, Ms.
Buckland held various positions as corporate and legal executive assistant in the Detroit and Atlanta areas where
she was appointed to and participated in both domestic and international core communication activities.

Bossart, Steve             NETL                      304.285.4643        steven.bossart@netl.doe.gov
Scribe–Subgroup A
Mr. Bossart has been a Federal employee of the National Energy Technology Laboratory (NETL) of the U.S.
Department of Energy for 22 years. Currently, he manages approximately 10 project managers who manage
projects on behalf of NETL’s work-for-others customers including work with Office of Electricity Delivery and
Energy Reliability, Office of Engineering and Construction Management, National Nuclear Security
Administration, Office of Environmental Management, Department of Homeland Security, Environmental
Protection Agency, and Defense Advanced Research Projects Agency. Previous work experience at NETL
includes legacy management, nuclear decommissioning, environmental restoration, coal ash management, coal
gasification and combustion, and environmental emission controls. Previous experience in the private sector
includes design and delivery of gas storage and supply systems for utilities; design and operation of coal
gasification R&D processes; and development of mine safety equipment. Mr. Bossart has a Chemical
Engineering degree from Pennsylvania State University and is an author of over 60 publications.

Harris, Randall            WVU/Cambridge              304.558.1425      randall.j.harris@verizon.net
Team Leader                Assoc
Mr. Harris currently is Chief Technical Consultant at Cambridge Associates, Ltd., board member of Energy
Village Inc., member of the West Virginia Energy Taskforce, and the West Virginia Vision Shared energy
subcommittee. He previously served as the Senior Advisor to the Director of the U. S. Department of Energy’s
(DOE) National Energy Technology Laboratory where he was involved in advanced fossil fuel program
development. He is a graduate in Nuclear Engineering and Applied Physics from the University of Florida, with
graduate studies in engineering management through the National Technical University consortium, an MBA
from West Virginia University, in addition to postgraduate courses at the Wharton School of Business in business
administration, finance, and management. He has received additional executive management training at Harvard
University’s John F. Kennedy School of Government and the Federal Executive Institute at the University of
Virginia.

Pellegrino, Cynthia        NETL/SAIC                412.386.4633      cynthia.pellegrino@netl.doe.gov
Recorder–Subgroup C
Ms. Pellegrino has more than 27 years work experience providing a broad range of graphics, word processing and
data entry support to the U.S. Department of Energy’s National Energy Technology Laboratory , its predecessor
organizations, and the former Bureau of Mines of the U.S. Department of the Interior.

Robinson, Linda               NETL/SAIC                301.353.8206        linda.s.robinson@saic.com
Facilitator–Subgroup C
Ms. Robinson earned a BS (Earth Sciences) at Texas Christian University and an MBA at Loyola College. As a
technical consultant she has both managed and contributed to environmental studies for government and
commercial clients involving the selection of sites for power plants, radioactive and hazardous waste disposal
facilities, pipeline routes, and a pumped water storage facility. She has overseen more than a half dozen
community relations efforts that employed state-of-the art practices concerning the communication of complex
technical information to the public. She also moderates public meetings that concern controversial projects being
undertaken by the Departments of Energy and Defense. She supported DOE’s National Environmental Training
Lab with the development of training strategies aimed at protection of the nation’s energy infrastructure.




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Scheer, Rich                NETL/Energetics            202.406.4105       rscheer@energetics.com
Facilitator–Subgroup A
Mr. Scheer is a Vice President with Energetics Incorporated, a technical and management consulting firm with
offices in Columbia, Maryland, Washington, D.C., and Morgantown, West Virginia. He currently manages the
Power Systems Division and leads a team of scientists, engineers, economists, and policy, regulatory, and market
research analysts. He has 27 years of professional experience and has led numerous consulting assignments in
energy resources, technologies, markets, and regulations. Prior to joining Energetics in 1987, Mr. Scheer worked
for Pacific Northwest National Laboratory, and prior to that he worked for Pacific Gas and Electric Company.
Mr. Scheer is an internationally recognized meeting facilitator and has led more than 250 seminars, workshops,
focus groups, breakout sessions, strategic planning sessions, and management retreats across the U.S. and in
China, Russia, France, and Australia. He has also trained more than 100 students in meeting facilitation
techniques. Mr. Scheer routinely uses facilitation techniques in conducting market research, organizing
management and project teams, developing energy technology commercialization strategies, building partnerships
between public and private sector organizations, and encouraging consensus among different stakeholder
organizations and interest groups. He holds a Bachelors degree in economics from the University of Maryland
(1976) and a Masters degree in economics from the University of Washington (1979).

Tiley, Roy                 NETL/ BCS                410.997.7778       rtiley@bcs-hq.com
Facilitator–Subgroup B                              X 220
Mr. Tiley received a B.S. degree in Mineral Economics in 1998 from The Pennsylvania State University. Since
that time, Mr. Tiley has been with BCS, Incorporated providing technical and analytical support to the U.S.
Department of Energy (DOE), Industrial Technologies Program’s (ITP) Mining R&D portfolio.

Dalton-Tingler, Alicia NETL/Energetics                304.285.3940      alicia.dalton-tingler@en.netl.doe.gov
Recorder – Subgroup A
Mrs. Dalton-Tingler, a West Virginia native, received a B.S. in Chemical Engineering and an M.B.A. from West
Virginia University. She is employed by Energetics Incorporated, a technical and management consulting firm,
where she has provided direct technical support to the Department of Energy's National Energy Technology
Laboratory for six years. Presently she supports DOE's Office of Electricity Delivery and Energy Reliability.

Wafle, Trina                WVU/NRCCE                  304.293.2867         tkwafle@mail.wvu.edu
Communications                                         x5402
Ms. Wafle has been involved in the administration of energy and environment-related research and service
programs since 1982. She serves as NRCCE deputy director responsible for broad oversight of the Center’s
research, operations, and financial matters. She is associate director of the DOE EPSCoR program and the
Consortium for Fossil Fuel Science program at WVU and is currently an interim associate division manager of
the National Environmental Services Center at WVU. She serves as director of the NRCCE Technical
Communications Division. Two major activities of the division have been the Energy Roadmap Workshop series
and the West Virginia celebrations of National Alternative Fuel Vehicle Day Odyssey for 2002 and 2004. The
2004 event included an emphasis on coal as a future source of transportation fuel. She holds a B.A. from WVU.




                                                                                                   Page 20 of 40
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                                    APPENDIX C – CHALLENGES AND OPPORTUNITIES

Compiled March 1, 2006 from roundtable discussions held February 20, 2006 at the Charleston Civic Center, Charleston, West
Virginia. The 40 roundtable members representing 946 years of mining experience from a cross-section of the mining industry cited
the following items as among the most significant challenges and associated opportunities with regard to SB-247. An addendum is
being prepared and will be available at www.nrcce.wvu.edu/energyforum.containing all unedited facilitation notes.

                Challenges                                                           Opportunities
 What is the concise definition of an           1.   Define emergency (when does an accident become an emergency).
 emergency?                                           For example stipulate that it is life threatening, differentiate and eliminate
                                                      short-term emergencies and, relate response to need.
                                                2.   Require a root cause report for each declared emergency to be communicated to
                                                     all mines and revise emergency definitions as needed.
                                                3.   Formalize levels of response corresponding to degree of emergency.
                                                      This will not only assist those in the call center but will assist those deciding
                                                      how to best describe the situation if they can relate to the level of response. The
                                                      language must be practical and understandable by all miners.
                                                4.   Create a very concise definition to reduce false alarms.
                                                       Law only defines accident yet definitions needed for: fire, explosion,
                                                       inundation, entrapment, etc. List of scenarios to help understand the
                                                       definitions would be helpful. Additionally, training on the definition should be
                                                       conducted for those calling and those at the call center.
                                                5.   Provide flexibility so that the nature of the emergency can dictate who is called
                                                     and in what order.
                                                6.   There is a need for simplicity.
                                                      Policy should be simple to understand. Minimal interpretation should be
                                                      required.

 At what point does the emergency               1. Define roles and responsibilities regarding declaration of emergency.
 notification time begin?                           The rules should require a predetermined method in which each facility makes
                                                    the determination of whether an accident is an emergency and who makes the




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               Challenges                                                      Opportunities
                                               determination to call. The person responsible should be as close to the accident
                                               as practical.
                                         2.   Provide flexibility to act and time to determine the scope of problem.
                                              The rules should provide guidlines to allow those in charge of an operation
                                              enough flexibility to make decisions on when to respond first and when to call
                                              first (e.g., small fire at coal mine…start putting it out then call the Division of
                                              Homeland Security and Emergency Management (DMAPS) or call first then
                                              start putting out the fire…which might get bigger.)
                                         3.   Better definition of time frame for onset/awareness.
                                               The rules should acknowledge and take into consideration that a sensor or other
                                               identification of event may be false and require verification.
                                         4.   Better definition of when the clock starts ticking and for how long.
                                               The realities of confusion about what has happened and how serious it is
                                               immediately following an event should be taken into consideration when
                                               applying the law.
                                         5.   Develop intelligent control systems (sensors).
                                               Technology should be encouraged to remotely monitor and/or verify the nature
                                               of an event. Such systems could eliminate the need to send a person into what
                                               could be a hazard, and possibly make the decisions for us – e.g. shut things
                                               down, etc.
                                         6.   Training on correct definition should be incorporated into annual training
                                              requirements.
                                         7.   Final rule needs to build leeway into fines (not $100,000 or nothing).

What is the role and responsibility of   1. The goal must be to Aid to Escape.
DMAPS in notification and response?          Responding must remain the priority to notification. In focusing on the
                                             notification process it must be remembered that the objective is to decrease the
                                             time to respond.
                                         2. Define roles and responsibilities of DMAPS and all other participants in the
                                            notification and response process.
                                             A complete understanding of each organization’s roles and responsibilities in


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             Challenges                                                      Opportunities
                                              the notification and response process needs to be predetermined and agreed
                                              upon.
                                        3.   Call center staff training is required.
                                              Each industry has its own vocabulary and mining is no different. Operators
                                              receiving calls need to be sufficiently well trained in mining terminology and
                                              operations to extract critical information from callers. Automated system for
                                              call center with notification based on type of emergency.
                                        4.   Establish procedures for 1-800 number that are mine-safety specific.
                                        5.   Responder training is required.
                                              Mines, surface and underground, present unique hazards even in normal
                                              conditions. It would be irresponsible to allow responders who have not been
                                              certified to operate on these facilities to enter in emergency conditions. We
                                              may actually increase the number of casualties.
                                        6.   On-site command and control should be predetermined.
                                              The roles and responsibilities of DMAPS-activated responders must be
                                              predetermined. Those qualified responders with the greatest familiarity with
                                              the site should take the lead, with other responders fully supporting them.
                                        7.   DMAPS capabilities should be fully exploited.
                                              In the event of an emergency DMAPS has access to resources that should be
                                              brought to bear - National Guard, WV State Police, helicopter rescue services,
                                              etc. All these should be made available to the site’s response leader as needed.

What is the role of WV MHS&T in 1-800   1. The Office of Miners Health, Safety and Training (MHS&T) should have their
mine emergency notification numbers?       own staff to receive/interpret information from 1-800 centers.
                                            MHS&T staff should be on call 24x7x365 as the point-of-contact for any 1-800
                                            call. That person should have sufficient mine experience to advise the 1-800
                                            center staff on the appropriate response and should be the point person for
                                            notifying appropriate MHS&T and the U.S. Mine Safety and Health
                                            Administration (MSHA) staff.




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                 Challenges                                                  Opportunities
How do we overcome conflict in            1. Define authorities for all jurisdictions
notification and response between         2. The rule must recognize MSHA’s Federal jurisdiction
different levels of State and Federal     3. Define order of authority
jurisdiction?

Can State requirements for mine rescue    1. Minimal training requirements for mine rescue teams should be reviewed.
teams be more effective?                      The State should review, update and provide for continual review/update of
                                              training requirements for mine rescue teams and provide training support for
                                              community and State-based support teams to effectively and safely aid in an
                                              emergency.
                                          2. Standardized rescue team equipment stockpiles should be established.
                                              As part of the mine rescue team review, a determination of specialized
                                              response equipment should be made and stockpiles of those items located
                                              where they should be quickly deployed by helicopter to the mine site to
                                              supplement the first responders.
                                          3. Establish on call emergency response teams that could deploy to the site and
                                             provide logistical and specialized support to the on-site response commander.

Does notifying DMAPS make a more          1. The DMAPS response process should be designed to speed response time.
effective emergency response?                 The process finally put in place should be such that it will reduce the time for
                                              mine rescue teams to arrive at the site. The process must include sufficient
                                              funding to routinely conduct training exercises with multiple responders to
                                              improve response time and coordination.
                                          2. There must be flexibility in implementation of the DMAPS process to redesign
                                             the process if response time is not reduced.

How can we enhance and/or develop         1. Each situation is unique - one set of procedures may not address all situations.
mine-specific emergency response plans?       The location, geology, geometry, and mine plan for each mine dictates the
                                              most effective emergency response. Therefore, development of solutions that
                                              allow for adaptation of response should be selected.




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Challenges                                     Opportunities
             2. Minimum requirements for mine-specific emergency response plans should be
                developed.
                 A set of minimal requirements for plans should be developed that includes
                 demonstrating the effectiveness of the plan through periodic exercises. This
                 plan should provide information to the on-site response commander on how to
                 determine the number of miners on site, how to verify their status, information
                 about securing logistical needs, who needs to be contacted, how many people
                 will have to be staged, where they should be located, what people are going to
                 be in the command center and their roles. Annual joint emergency exercises
                 should be considered, i.e., In Australia – a mine can volunteer for a full-scale
                 exercise to test their plan.
             3. Mine-specific geographic contact list should be maintained.
                 The list should describe concentric circles of contacts - one group contacts the
                 next group, etc. The priority contact-tree should be based on geographical
                 location and should include vendors, suppliers, the State, the mine rescue
                 teams, and emergency pager notification, police, fire, support for families and
                 the media, etc.
             4. Each on-duty mine site supervisor should have a current mine emergency book
                with step-by-step procedure for determining the nature of the accident and for
                declaring an emergency.
             5. Utilize MERITS for emergency response training and as a checklist during an
                event.
                 Developed by the National Institute for Occupational Health and Safety
                 (NIOSH), the MERITS software is web-based and trains the rescue teams and
                 the people who are in command of the response. It includes procedures to deal
                 with the public and others and is available via the CDC NIOSH webpage.
             6. Each mine should have an emergency logistics coordinator identified.
                 That person should have a response plan which provides listings of vendors,
                 local motels, how to set up additional phone lines, media notification list, etc.




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                 Challenges                                              Opportunities
What new training is needed to        1. A review of existing required training should be made in relation to the new
implement the notification response      law.
portions of the law?                      Initial and annual training requirements need to be updated to include
                                          provisions of the new law. Additional training should include skills in first aid,
                                          egress, and survival . What level of cross training should be required in case
                                          someone goes down or is unable to perform their role? Training should also
                                          include reviews of the mine maps for the mines where they work.
                                      2. Training should take advantage of all available information resources – like
                                         NIOSH software, booklets, etc.
                                      3. The State should consider establishing multiple MERD (mine emergency rescue
                                         demonstration) sites.
                                          Such sites should provide realistic conditions for working through a simulated
                                          disaster for superintendent, foremen, the mine rescue team, response
                                          commander, and supporting responder levels. These facilities might be located
                                          in the surface and underground mines in southern and northern WV close to
                                          operating facilities.
                                      4. Training for potential support responders should be included in their annual
                                         training requirements.
                                          State and local police, fire and EMS annual training requirements should be
                                          modified to include responding in support of a mine rescue team.
                                      5. Training on effective communication management should be required for all
                                         mine response commanders.
                                          It is paramount that communication be timely and effective between the
                                          response commanders, families and the media to minimize inaccurate
                                          information.

How do we handle liability for mine   1. The State should extend statutory protection against liability for the rescue
emergency responders?                    teams between mines.
                                          Currently there are laws that define workers compensation liability for mine
                                          rescue teams assisting an emergency other than the one they work for,
                                          however, there are no similar statutes regarding other liabilities. (Good


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               Challenges                                                    Opportunities
                                                Samaritan Law) Liability must be considered for two groups: 1. for the person
                                                that responds to make sure they are covered, and 2. the company that sends
                                                them.
                                            2. Site-specific emergency plans should recognize liability issues and provide
                                               solutions. We lack statutory solutions.
                                            3. Statutory requirements for inter-mine emergency response agreements that
                                               encourage and support inter-connected rescue teams are recommended.

Will communication/tracking                 1. We may need to consider two communications/tracking systems – pre- and
technologies that work pre-disaster            post-event.
continue to work post-disaster?                 It may be that a post-event system is required that is designed to survive
                                                destruction of the pre-event system.
                                            2. Focus performance standards on post-disaster conditions.
                                                Design of any rules should be focused on encouraging development of systems
                                                that will work post-event.
                                            3. Design flexibility into the law to use alternative and/or develop new technology.
                                                Technology will change…rules should be such that they encourage
                                                development of better systems. Also systems must be available that are
                                                feasible for all operations, or a staged implementation should be considered.
                                            4. Find way to keep communications/tracking power on post-event.
                                                One of the primary post-event concerns is powering a system if all the power to
                                                a mine has been cut.

What are the optimum                        1. Need to be able to transmit surface-to-mine and vice versa.
communication/tracking performance              It is preferred that a system allow two-way communication.
standards and certification requirements?   2. Systems need to meet the requirements of the law in all situations.
                                                This will likely require that multiple systems be available to meet not only the
                                                site-specific differences between mines but also the varied requirements of the
                                                law.
                                            3. Collect and verify performance of existing systems and establish benchmarks.
                                                Efforts by the Federal agencies and state agencies should be coordinated to


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              Challenges                                             Opportunities
                                        speed understanding of the state of current and evolving communication and
                                        tracking systems. The results should be used to educate the mining community
                                        on what’s available today.
                                    4. Engage an independent certification process to evaluate technologies.
                                        Certifying organizations such as the American Society for Testing and
                                        Materials (ASTM) or Institute of Electrical and Electronics Engineers (IEEE)
                                        should be contacted to develop peer-reviewed industry standards for surface
                                        and underground communication and tracking devices.
                                    5. Systems should allow for interoperability and integration of systems with
                                       redundancy.
                                        One of the lessons from review of the response to the 9/11 attack was the
                                        incompatibility of communications systems and the results of losing key
                                        segments of communication infrastructure without backups. Systems deployed
                                        should consider these features in their design.
                                    6. Need to address insurance and liability issues.
                                        Somehow the industry or government must address the issue of liability
                                        insurance for communications and tracking devices. If a way is not found to
                                        limit or indemnify product liability the smaller companies will be forced out of
                                        the market by high premiums.

How do we speed                     1. Rules need to define process for deployment and upgrading.
communication/tracking technology       The rules should define the process used to deploy new systems – including
deployment?                             training – such that the system will work as advertised.
                                    2. Need trial period to assess whether technology works in all situations.
                                        Deployment guidelines should be developed that include demonstration that it
                                        works in a specific mine under any situation anticipated – worst-case scenario;
                                        e.g., low seam mine, standards for these tests should be defined.
                                    3. Flexibility to revise an operation’s plan for communication and tracking.
                                        Not only will technology change but the natural evolution of the mining plan
                                        may dictate changes to communication system to meet the needs of the law.
                                        The planning process should be such that timely modifications of the plan can


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               Challenges                                                 Opportunities
                                             be made as needed.
                                         4. For emerging technology a means of encouraging the involvement of
                                            universities for proof-of-concept tests should be developed.

Can we change the MSHA approval to       1. Minimum functional specifications.
ensure that technologies will work           Development of MSHA minimal operating standard testing should be
properly, not just that they are safe?       developed and incorporated into the certification process.
                                         2. Guidelines to mining operators.
                                             The certification should come with MSHA guidelines to operators for how to
                                             operate the technology.
                                         3. Streamline MSHA approval.
                                             The existing process should be streamlined to take advantage of certification
                                             procedural techniques adopted by other agencies faced with similar pressures.

How can we encourage development of      1. Conduct a technology needs survey and roadmap.
communication & tracking systems?            Work with industry, regulators, and others to define the needs for
                                             communication and tracking, the operating environment they must work in,
                                             and lay out a roadmap for major milestones to overcome technology shortfalls.
                                         2. Communication and review of previous research done by the Bureau of Mines
                                            (BOM).
                                             Since the 1980’s progressively larger budget cuts ending in the final
                                             abolishment of the BOM left the US with no coordinated effort to advance
                                             underground communications and tracking. With the exception of limited
                                             efforts by the Department of Energy few efforts have been undertaken in the
                                             last 20 years. A comprehensive review of the work done by BOM and any
                                             subsequent work should be undertaken and published to spur development
                                             interest in the subject.
                                         3. Re-establish technical communication/tracking conference series.
                                              Ironically WV played a leadership role in this area in the past. For many years
                                             West Virginia University (WVU) conducted annual mining ElectroTechnology
                                             Conferences until the BOM funding ended…this effort should be restarted.


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               Challenges                                                Opportunities
                                             These international forums and subsequent publications would do much to
                                             advance development interest and advance the technology.
                                         4. Advance research and development (R&D) where necessary.
                                             Government and industry should jointly work to fund R&D in those areas were
                                             technology barriers exist.

How do we include flexibility into the   1. Multi-tiered rules that provide for compliance now and transition to future
communication/tracking rules?               solutions.
                                         2. Need technical review committee to support decision-making by the Director of
                                            MHS&T.
                                         3. Financial incentives to encourage modernization of communication and tracking
                                            systems.
                                         4. Standardized performance levels for equipment that relates to needs of geology,
                                            geometry and mining plan.
                                         5. Ensure rules are practical and pragmatic.
                                             The measures must be able to be understood and used by all miners.
                                             Additionally, solutions must be available that are feasible for all operations, or
                                             a staged implementation should be considered.

How do we emphasis survivability of      1. Define system performance around worst-case.
communication and tracking systems?          Provide specific classifications for less than worst-case survivability and limit
                                             their use to areas of less risk.
                                         2. Miner-based device vs. wall-based device.
                                             One option is to encourage systems that are based on the miner, so even if the
                                             event destroys the tunnel, the system will work even if the miner is isolated.
                                         3. Update MSHA approval process.
                                             The certification process should be modified to reflect the degree of device or
                                             system survivability.




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               Challenges                                                    Opportunities
How do we ensure adequate training in      1. Define responsibility for training.
use and service for communication and          By defining who is responsible for initial and ongoing training it is more likely
tracking systems?                              to get done. Also the level of training should be defined – one level for the
                                               superintendent, another for a miner, and another for a rescue team member.
                                           2. Backup procedures/equipment in case of system failure.
                                               There should be plans in place and practiced in the event that communications
                                               systems fail. Technology can make people too dependent upon it.
                                           3. Training for troubleshooting and maintenance of equipment.
                                               Site maintenance crews should be trained to maintain communication and
                                               tracking equipment. We can not afford to have the system down waiting for
                                               repair when people’s lives could be affected.

How do we ensure the availability of       1. Develop larger market to attract investment.
communication and tracking devices?            The market size is too small to justify the expenditure of funds for R&D by
                                               major communications companies. A concerted effort to grow an international
                                               market or to find solutions that would cross multiple industries must be found.
                                           2. Small business incentives.
                                               Financial incentives should be developed to encourage smaller firms to bring
                                               solutions to the market. Possibly involving the WV Secretary of Commerce to
                                               encourage WV small business in the market.
                                           3. Development of consortia to stimulate development of new products.
                                               WV should encourage the establishment of consortia to develop mine
                                               technology in conjunction with industry, government and academia. Such a
                                               consortium should attract federal R&D money as well as private sector
                                               participation.

Will new wireless                          1. Mine-specific field tests prior to implementation should be required.
communication/tracking systems interfere       Demonstration should be required before selection of any particular system.
with existing wireless systems?            2. Should allow for improved equipment.
                                               Systems deployed must not have the consequence of limiting the deployment
                                               of other technology.


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              Challenges                                                   Opportunities
                                          3. Allow for exceptions…or alternative approaches, case-by-case. Leave flexible
                                             enough for geology, geometry, and mining plan.
                                              Each mine will be different not only in layout but in the range of equipment it
                                              uses. In addition mines can be within ‘range’ of other
                                              communications/tracking systems either horizontally or vertically which will
                                              drive the need for unique solutions. The performance of available
                                              communication/tracking systems should be taken into consideration in
                                              determining compliance requirements.

How do we handle scale of                 1. New technology must be cost-effective and reliable for small mines as well as
communication/tracking for small mines?      large.
                                              Capital cost and operating costs while not the primary factor become more of
                                              an issue with smaller operators. Solutions must be flexible enough to ensure
                                              the ability to communicate and track miners without forcing smaller miners out
                                              of business.

How can WV encourage development of       1. Focus on performance standards, not solutions.
communication/ tracking technologies?         By defining the level of performance rather than specific solutions, innovative
                                              entrepreneurs are more likely to develop solutions.
                                          2. Create financial incentives for R&D of mine safety technologies
                                              Specific modification to State and Federal R&D incentives should be made for
                                              those developing and demonstrating communication/ tracking systems.
                                          3. Allow flexibility in compliance with rules to encourage mines to demonstrate
                                             new technology.
                                              Provisions should be made to allow for demonstration and financial incentives
                                              for costs of the demonstration – provided the results are shared with
                                              everybody.

Will storing additional self-contained    1. The goal must remain to Aid to Escape.
self-rescuers (SCSR’s) encourage miners       Train miners that escape is the first and preferred option.
to barricade rather than escape?          2. Determine right number of SCSR’s so miners are confident of escape.


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               Challenges                                                 Opportunities
                                        3. Develop and train “to escape” plans.
                                        4. Miners must be provided with realistic information to avoid a feeling of false
                                           security in barricading vs. escape.
                                            The message must be leave first, with practical suggestions for miners to make
                                            the stay/don’t stay decision while under extreme stress.

What are practical consequences of      1. Develop different size units.
storing large numbers of SCSR’s in a        Develop units that are smaller in size and or have a longer effective life, thus
working section?                            reducing the storage space requirement.
                                        2. Develop remote inventory-and-status monitoring technology to reduce
                                           inspection/inventory time.
                                            It will be necessary to determine that the SCSR’s are where they are supposed
                                            to be and are in operating condition. Part of this process should include the
                                            ability to identify individual SCSR’s through a registration number to track its
                                            ‘shelf life’ and to recover it when needed for replacement, service, or recall.
                                        3. Units that contain compressed air or oxygen must be able to survive a fire
                                           without becoming a fire hazard themselves.
                                        4. Units that have oxygen generators must be inherently safe in large numbers.
                                           MSHA testing determines if a single unit is safe, not if large quantities stored in
                                           a locker are safe.
                                        5. Do not limit emergency air supply options.
                                            Evaluate air supply options other than SCSR’s.

Are the SCSR storage intervals right?   1. MSHA study on travel time in various height tunnels needs to be reviewed in
                                           relation to reasonable storage intervals.
                                            MSHA has determined that travel time in 38 inch tunnel is 15 minutes for
                                            1,250 feet. With a 60 minute useful life SCSR would be changed out at ¼ of
                                            the useful life. Each change of SCSR increases the potential that the miner will
                                            be exposed to hazardous gases.




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                 Challenges                                                  Opportunities
Should the law focus on providing          1. Focus on emergency air so best fits for individual mines can be selected.
emergency air instead of selecting a           Such an approach might encourage development of additional options for
particular solution?                           emergency air.
                                           2. Ensure the rules are practical and pragmatic.
                                              The measures must be able to be understood and used by all miners.
                                              Additionally, solutions must be available that are feasible for all operations, or
                                              a staged implementation should be considered.

While SCSR costs are not the primary       1. Work to develop lower cost alternatives.
concern, what provision can be made for        The State should encourage the development of consortia to foster the
assisting smaller mines?                       development of cost effective alternatives.
                                           2. Provisions should be made to subsidize the costs of SCSR’s for smaller mines
                                              through tax credits.

What can be done to control the costs of   1. The State should look into the possibility of an insurance pool to underwrite
liability insurance for operators and         insurance issued for WV operators.
product liability insurance for SCSR       2. An education program should be undertaken for insurance underwriters to
manufacturers?                                establish a greater understanding of mining.

Are there barricading alternatives that    1. Conduct a study of practicality of refuge chambers.
should be explored?                            The study should look at examples used in other mining situations, review
                                               reports on mine accidents for cases where barricading should have helped, and
                                               propose standards for barricades (size, food, water, fire rating, mobility,
                                               survivability, air for days not hours).
                                           2. Alternatives must apply to diversity of mine conditions.
                                               Each mine is different – based upon geology, geometry and mine plan,
                                               different solutions will work best. Standards should allow for selection of the
                                               option that is most likely to maximize survival of miners who cannot escape.




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               Challenges                                                 Opportunities
How do we fund development of            1. Conduct an emergency air needs survey and develop a technology roadmap.
alternative emergency air solutions?         Work with industry, regulators, and others to define the needs for emergency
                                             air supply, the operating environment, and lay out a roadmap for major
                                             milestones to overcome technology shortfalls.
                                         2. Encourage government-industry partnership to develop alternative technologies.
                                             A consortium should be developed to coordinate development of mine
                                             technologies.

How do we need to modify training of     1. Determine what procedures are involved in utilizing the stored SCSR’s and
miners to address the emergency air         other features the law/rules might require.
provisions of the law?                   2. Provide training on the use of multiple devices.
                                             As there may be people in a mine during an emergency from various
                                             organizations with different equipment, miners and rescue team members
                                             should be trained to use any device available.
                                         3. Review new worker and annual training requirements and make changes as
                                            needed.
                                         4. Include procedures in the training to provide miners the knowledge and skills
                                            they need to decide when it is appropriate to escape and when they should
                                            barricade.
                                         5. Review past reports on emergencies and determine where survival rate should
                                            have increased if miners had improved skills and/or knowledge.
                                         6. Find practical solution for changing out SCSR’s under high concentration of
                                            carbon monoxide and other hazardous gases.

What kind of future development should   1. Goal - Aid to Escape.
be pursued?                                  Whatever is pursued should focus on aiding miners to escape when in an
                                             emergency.
                                         2. Docking and hybrid SCSR’s.
                                             On idea might be solutions that do not require the removal of the SCSR mask.




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Challenges                                      Opportunities
             3. Re-breathers / closed systems.
                 Another idea might be transfer of technology from the military where closed
                 systems are used that allow re-breathing, thus eliminating the need to have
                 extra units.
             4. Review studies done in other countries and other industries for solutions.
                 In Australia there was testing data collected a few years ago on emergency air
                 options. An Australian non-profit organization called “Mine Rescue” does
                 training and setups based upon these studies
             5. Oxygen generation alternatives.
                 Other options are available in non-mining application for generation of oxygen
                 such as sodium chlorate that should be explored.
             6. Integrated ambient atmosphere sensors.
                 A real-time means to determine when a miner can transfer to filter systems or
                 breathe the air in the tunnel would be useful and provide confidence.




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                        APPENDIX D - ROUNDTABLE PROCEDURE

Roundtable Purpose:

   To allow for a facilitated discussion of the challenges and opportunities for implementing the
   SB-247

Roundtable Outcome:

   A listing of significant challenges and opportunities for effective implementation of SB-247

Roundtable Strategy:

   Invited representatives of critical industry categories affected by or involved in
   implementation of SB-247 were facilitated through a discussion of the challenges and
   opportunities. Invitation nominations were solicited from the coordinating committee and
   then each person contacted was asked who else they thought would round out the group.

Representatives for the Roundtable

   The objective was to invite a group of no more than 40 individuals whose experience
   provided insight into implementation challenges and opportunities in these categories:
       Regulators (State and Federal)              Operators
       Legal                                       Inspectors
       Insurers                                    Responders
       Vendors                                     Labor
       Technologists/Scientists                    Training
   A complete listing of roundtable members is found in Appendix A.

Roundtable Operation:

   Segment the discussion into logical topics covering the three foci of SB-247.
      Topic I – Emergency notification and response
      Topic II – Communications and tracking
      Topic III – Emergency air supply

   Topic I – Emergency notification and rapid response
      One-hour, small group breakout—subgroup A, B, C, each with its own facilitator,
      flipchart scribe, and recorder
      Thirty minute report back to plenary group and discuss

   Topic II – Communications and tracking
      One-hour, small group breakout—subgroup A, B, C
      Thirty minute report back to plenary group and discuss




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   Topic III –       Emergency air supply
      One-hour, small group breakout—subgroup A, B, C
      Thirty minute report back to plenary group and discuss

Roundtable members were provided with a detailed procedure for the meeting including a list of
potential discussion questions for each topic. The facilitators were instructed to use the questions
as means of initiating discussion if there was limited interaction…that was not typically the case,
generally, discussion flowed freely. The facilitators directed the group’s discussion of each
subject toward a description of the challenges and opportunities that the subject presented.
Scribes recorded points on pads while recorders simultaneously created an electronic version.
While no attempt to prioritize the challenges was undertaken an attempt to consolidate was
pursued to get manageable 5-6 challenges per subgroup per topic.

Proposed Questions for Topic I - Emergency Notification and Rapid Response
(Developed by the coordinating team from a strict reading of SB-247)
 − What constitutes an emergency?
 − Who declares an emergency?
 − Does this apply to surface mines?
 − What is the status of the statewide emergency reporting system?
 − What is the status of the mine accident rapid response system?
 − What training is needed by West Virginia's Homeland Security and Emergency Management
    responders to respond to mine disasters?
 − What cross-training is needed to coordinate training and response of mine safety teams and
    Homeland Security emergency responders?
 − How do local non-mine emergency response teams integrated into the Homeland Security
    and Emergency Management system fit into the mine accident rapid response process?
 − Since much of West Virginia is not served by cell phone service, how will the system
    respond when key players are out of range?
 − Who controls access to the mine during an emergency?
 − What is the definition of “bodily injury” in the rule?
 − What is a realistic timeframe for West Virginia mines to become fully compliant with new
    regulations?

Proposed Questions for Topic II - Communications and Tracking
(Developed by the coordinating team from a strict reading of SB-247)
 − Can the vendors of an MSHA approved communication and or tracking device respond to
    demand in a timely fashion?
 − If MSHA subsequently approves other communications and or tracking systems and a plan
    has been approved but the vendor has not made delivery can the operator modify the
    implementation plan?
 − Would a wireless voice telephone system replace the emergency and tracking system?
 − What if the communication and or tracking device doesn't cover the entire mine area or has
    black out areas?




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 −   Do visitors need to be equipped with communicators and tracking devices and extra
     SCSR’s?
 −   From a miner's perspective, what are the good and bad features of communication and
     tracking technologies?
 −   What purposes are served by communication and tracking systems besides safety?
 −   What processes are there to allow evaluations and introduction of new technology?
 −   What will be the training and operational challenges of implementing these changes?
 −   What are the likely impacts on small mines (less than 30 underground miners)?
 −   What is a realistic timeframe for West Virginia mines to become fully compliant with new
     regulations?
 −   What is the process to attain "mine permissibility" certification of new technologies?
 −   What can be done to streamline the process without compromising certification standards?
 −   How will this affect current approaches to inspect mine operations?
 −   What are the technological and mine worker acceptance challenges of developing and
     commercializing new mine safety devices?

Proposed Questions for Topic III - Emergency Air Supply
(Developed by the coordinating team from a strict reading of SB-247)
 − What is the production capability to the SCSR manufacturers?
 − Will a mix of different types of SCSR’s present a problem for maintenance and training?
 − Will the construction standard for the cache be such that it can be easily moved to a
    barricaded area?
 − How will we handle extra SCSR's for contractors doing temporary specific work in a section
    or non-working section of the mine?
 − Is the issue the number of SCSR’s or continuous breathing capacity? If an SCSR with 2
    hours of performance is developed, does this mean fewer per miner?
 − Since SCSR’s remove moisture from the air, will continuous use dehydrate the body?
 − Is the number of SCSR’s required to be stored in a cache equal to the number of miners in
    by that area or the total amount of miners in the entire mine?
 − Will the storage cache plan only allow SCSR’s or will it allow other options that accomplish
    the same level of protection?
 − As a mine expands in size or reduces in size, if SCSR's are not available for the expansion,
    does the operator need to request modification to the plan or keep a Purchase Order for the
    purchase of the SCSR’s on file at the mine?
 − Regarding the intrinsically safe strobes, what determines the automatic activation? How
    long should the battery operate the alert? Are there any MSHA approved strobe lights?
 − What is the evaluation process for introduction of new emergency air supply technologies
    into mines?
 − What are the likely performance improvements in SCSR’s over the next few years?
 − What are the likely impacts on small mines (less than 30 underground miners)?
 − From a miner's perspective, what are the good and bad features of existing safety
    technologies and processes, and where could improvements be made?
 − Are there other industries and federal agencies that have technologies that could be used for
    SCSR applications if the technologies were to undergo the "mine permissibility"
    certification process?



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 −   Are the SCSR’s to be provided by the employer or employee?
 −   What is a realistic timeframe for West Virginia mines to become fully compliant with new
     regulations?

Coordinating Team Roles:

     Subgroup facilitators (3): technical or semi-technical people who are schooled in facilitation
     techniques and familiar with mining who help guide discussion to gather input. Facilitators
     will use flipcharts or cards to document conversations. Facilitators will give the reports back
     to the plenary group.

     Subgroup scribes (3): technical or semi-technical people who write legibly and capture
     salient points of the conversation on the flipcharts or cards for all participants to see – may be
     the same person who is also facilitating the group if the facilitator is comfortable handling
     two functions simultaneously. Flipcharts or cards may become an essential tool for the one-
     hour report-back plenary sessions. One scribe will be asked to do double duty as the plenary
     flipchart scribe.

     Subgroup recorders (3): technical or semi-technical people who are familiar with mining and
     can type fast and spell well to capture the conversation on a computer file for later reference
     and use in compiling results.

     Plenary scribe (1): technical or semi-technical people who write legibly and capture salient
     points of the conversation on flipcharts or cards for all participants to see.

     Moderator (plenary): A technical or semi-technical person who is familiar with mining and
     the relevant issues who can facilitate reports back from the smaller group discussions and
     who can moderate discussion among the larger group, as appropriate.

Reporting:

     The results of the Roundtable were compiled in a report for promoting further dialogue,
     especially at the March 1, 2006 Mine Safety Forum hosted by Governor Joe Manchin III.
     The report is to be available at www.nrcce.wvu.edu/energyforum.

     An addendum is being prepared and will be available as above that will contain all the
     unedited comments from the facilitation sessions.




                                                                                           Page 40 of 40
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National Research Center for Coal and Energy
                West Virginia University
                    P.O. Box No. 6064
              Morgantown, WV 26506-6064
                   Voice: 304-293-2867
                    Fax: 304-293-3749
             Email: Enquiry-NRCCE@mail.wvu.edu
              Website: http://www.nrcce.wvu.edu/

Richard A. Bajura                   Trina Karolchik-Wafle
Director                            Deputy Director
304/293-2867, ext. 5401             304/293-2867, ext. 5402
Richard.Bajura@mail.wvu.edu         TKWafle@mail.wvu.edu


                          NRCCE Programs

National Alternative Fuels Training Consortium
Industries of the Future—West Virginia
National Environmental Services Center
 − National Drinking Water Clearinghouse
 − National Environmental Training Center for Small
    Communities
 − National Onsite Demonstration Program
 − National Small Flows Clearinghouse
Petroleum Technology Transfer Council
Appalachian Oil & Natural Gas Research Consortium
Zero Emissions Research and Technology Center
West Virginia Water Research Institute
 − National Mine Land Reclamation Center
 − Appalachian Clean Streams Initiative
 − Acid Drainage Technology Initiative
 − Combustion Byproducts Recycling Consortium
 − National Environmental Education Training Center
 − Institute for Industrial Decommissioning
 − Water Resources Research
 − EPA Experimental Program to Stimulate Competitive
    Research
 − Monongahela Basin Mine Pool Project
Center for Advanced Separation Technologies
Consortium for Fossil Fuel Science
West Virginia-US. Department of Energy Experimental
Program to Stimulate Competitive Research

				
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