Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1507 Emergency Response Plan; refuge alternatives. ( a ) The Emergency Response Plan (ERP) shall include the following for each refuge alternative and component: ( 1 ) The types of refuge alternatives used in the mine, *i.e.*, a prefabricated self-contained unit or a unit consisting of 15 psi stoppings constructed prior to an event in a secure space and an isolated atmosphere.
( 2 ) Procedures or methods for maintaining approved refuge alternatives and components.
( 3 ) The rated capacity of each refuge alternative, the number of persons expected to use each refuge alternative, and the duration of breathable air provided per person by the approved breathable air component of each refuge alternative.
( 4 ) The methods for providing breathable air with sufficient detail of the component's capability to provide breathable air over the duration stated in the approval.
( 5 ) The methods for providing ready backup oxygen controls and regulators.
( 6 ) The methods for providing an airlock and for providing breathable air in the airlock, except where adequate positive pressure is maintained.
( 7 ) The methods for providing sanitation facilities.
( 8 ) The methods for harmful gas removal, if necessary.
( 9 ) The methods for monitoring gas concentrations, including charging and calibration of equipment.
( 10 ) The method for providing lighting sufficient for persons to perform tasks.
( 11 ) Suitable locations for the refuge alternatives and an affirmative statement that the locations are— ( i ) Not within direct line of sight of the working face; and
( ii ) Where feasible, not placed in areas directly across from, nor closer than 500 feet radially from, belt drives, take-ups, transfer points, air compressors, explosive magazines, seals, entrances to abandoned areas, and fuel, oil, or other flammable or combustible material storage. However, the operator may request and the District Manager may approve an alternative location in the ERP if mining involves two-entry systems or yield pillars in a longwall that would prohibit locating the refuge alternative out of direct line of sight of the working face.
( 12 ) The maximum mine air temperature at each of the locations where refuge alternatives are to be placed.
( b ) For a refuge alternative consisting of 15 psi stoppings constructed prior to an event in a secure space and an isolated atmosphere, the ERP shall specify that— ( 1 ) The breathable air components shall be approved by MSHA; and
( 2 ) The refuge alternative can withstand exposure to a flash fire of 300 degrees Fahrenheit (°F) for 3 seconds and a pressure wave of 15 pounds per square inch (psi) overpressure for 0.2 seconds.
( c ) If the refuge alternative sustains persons for only 48 hours, the ERP shall detail advanced arrangements that have been made to assure that persons who cannot be rescued within 48 hours will receive additional supplies to sustain them until rescue. Advance arrangements shall include the following: ( 1 ) Pre-surveyed areas for refuge alternatives with closure errors of less than 20,000:1.
( 2 ) An analysis to demonstrate that the surface terrain, the strata, the capabilities of the drill rig, and all other factors that could affect drilling are such that a hole sufficient to provide required supplies and materials reliably can be promptly drilled within 48 hours of an accident at a mine.
( 3 ) Permissions to cross properties, build roads, and construct drill sites.
( 4 ) Arrangement with a drilling contractor or other supplier of drilling services to provide a suitable drilling rig, personnel and support so that a hole can be completed to the refuge alternative within 48 hours.
( 5 ) Capability to promptly transport a drill rig to a pre-surveyed location such that a drilled hole would be completed and located near a refuge alternative structure within 48 hours of an accident at a mine.
( 6 ) The specifications of pipes, air lines, and approved fans or approved compressors that will be used.
( 7 ) A method for assuring that within 48 hours, breathable air shall be provided.
( 8 ) A method for assuring the immediate availability of a backup source for supplying breathable air and a backup power source for surface installations.
( d ) The ERP shall specify that the refuge alternative is stocked with the following: ( 1 ) A minimum of 2,000 calories of food and 2.25 quarts of potable water per person per day in approved containers sufficient to sustain the maximum number of persons reasonably expected to use the refuge alternative for at least 96 hours, or for 48 hours if advance arrangements are made under paragraph (c) of this section;
( 2 ) A manual that contains sufficient detail for each refuge alternative or component addressing in-mine transportation, operation, and maintenance of the unit;
( 3 ) Sufficient quantities of materials and tools to repair components; and
( 4 ) First aid supplies.
[73 FR 80699, Dec. 31, 2008]