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PA Bulletin, Doc. No. 10-593

PROPOSED RULEMAKING

DEPARTMENT OF ENVIRONMENTAL PROTECTION

[ 25 PA. CODE CH. 208 ]

Board Of Coal Mine Safety Acceptance of Rulemaking Petition for Study

[40 Pa.B. 1749]
[Saturday, April 3, 2010]

 On March 17, 2010, the Board of Coal Mine Safety (Board) accepted two rulemaking petitions for study. The first petition, submitted by Karen Hampton, requests the amendment of two sections to be proposed in 25 Pa. Code §§ 208.1 and 208.70 for inclusion of the requirements pertaining to the placement, training and maintenance of an automated external defibrillator (AED). The Board proposes to add the definition of an ''automated external defibrillator.'' The Board also proposes to add § 208.70 detailing where AEDs are to be located, the maintenance of AEDs and the training standards miners are required to meet for the use of AEDs. Section 208.70 will also extend the requirements and protection under 42 Pa.C.S. § 8331.2 (relating to Good Samaritan civil immunity for use of automated external defibrillator).

 The second petition, submitted by John Gallick, requests the amendment of proposed §§ 208.1 and 208.71 for the further clarification of what constitution an ''accident'' and when a mine operator is required to contact the Department of Environmental Protection (Department) within 15 minutes of the incident. Under the Bituminous Coal Mine Safety Act (52 P. S. §§ 690-101—690—708), the definition of ''accident'' includes, but is not limited to, a list 14 of predetermined events. The petition suggests amending the list to include two additional incidents for a total of 16 predetermined events. The petition would also remove the word ''including'' from the definition of accidents which would then be defined as the 16 predetermined events.

 Under the Board's accepting of the petitions, the Department will prepare a rulemaking package for the inclusion of the requirements pertaining to the placement, training and maintenance of automated external defibrillators. The Department is also preparing a proposed rulemaking package to amend the definition of ''accident'' as well as further detailing the accident notification requirements.

 The previously-referenced petitions are available to the public by contacting the Board of Coal Mine Safety, Fayette County Health Center, 100 New Salem Road, Uniontown, PA, (724) 439-7289, and are accessible on the Department's web site at www.depweb.state.pa.us (select ''Public Participation;'' ''Board of Coal Mine Safety;'' ''Meeting/Agendas Handouts/Minutes'').

JOHN HANGER, 
Chairperson

[Pa.B. Doc. No. 10-593. Filed for public inspection April 2, 2010, 9:00 a.m.]


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