The mining industry is strongly opposing proposed federal regulations to deal with respirable coal mine dust and black lung disease.

In a Mine Safety and Health Administration hearing yesterday on the proposal, industry representatives said the regulations would cost jobs while not properly addressing the problem. It was a full-court press, with a panel of experts questioning regulator assumptions and data about coal mine dust and black lung.

"We do not believe the proposed rule is warranted," said Bruce Watzman with the National Mining Association. He added that it would result in tens of thousands of violations for mining companies every year and said it would have a "devastating impact" on the industry, which is trying to absorb other new and proposed safety and environmental rules.

A new regulatory framework for addressing black lung among the nation's miners is a top priority for the Obama administration and MSHA.

"We've got some scientific evidence that favors intervention," said Gregory Wagner, MSHA's deputy assistant secretary for policy.

As a justification for the regulatory action, MSHA is relying on studies showing a need for the government to step in with more regulation surrounding respirable coal dust.

While the cases of black lung among miners have decreased dramatically since the 1970s, government statistics show an increase during the last decade, especially among miners with more than 20 years on the job.

"They are, as we all know, preventable," said MSHA Director Joe Main, adding that previous regulatory efforts have helped but not eradicated the problem.

MSHA leaders and other mine safety advocates say reducing a miner's exposure to respirable coal mine dust is the only way to tackle the black lung problem. That is why the proposed rule would lower the existing concentration limits, require more medical surveillance of miners and require miners to use continuous personal dust monitors.

The current dust sampling program, according to MSHA, only accounts for eight hours, while miners often works longer shifts. MSHA is calling for full-shift sampling.

United Mine Workers of America President Cecil Roberts said the proposed rules represent "a tremendous step forward for coal miners' long-term health."

Still, the mining industry believes the black lung problem may be overstated. At least, experts who spoke on behalf of the industry contend that regulators have not made the case for tough new rules.

Tony Cox, a risk assessment expert and president of Denver-based Cox Associates, asked, "What would happen if you left the standards as they are but enforce them? These are the things that need to be answered but have not been answered well."

Cox said MSHA tends to inflate its exposure estimates and cannot prove coal mine dust exposure is to blame for any increase in black lung cases. He said bad nutrition, poverty and smoking can also contribute to the problem for miners.

Dennis O'Dell, safety point person for the United Mine Workers, called many industry claims "junk science" and said the black lung problem is likely much worse than reported.

Regulators leading the hearing disputed industry claims. The discussion got heated at one point with a back-and-forth exchange between the regulators and industry witnesses as they disagreed about the practical implications of the proposed changes.

MSHA's Main said, "I cannot emphasize enough that this is a proposed rule." In other words, the regulations are not set in stone and industry input may indeed change the course of the debate.

But in his criticism of the proposal, the NMA's Watzman said MSHA has not done enough to take industry perspectives into account and study the practical impacts of the proposed rules.

"We recognize there are some problems in the industry, but we disagree with the agency about the breadth of those problems, whether the solution they put out there is necessary," Watzman said.

Watzman also questioned the wisdom of mandating the increased use of the personal dust monitors.

"It provides the potential for phenomenal change across the industry," he said. "We think there are serious questions that still have to be answered to ensure the devices are telling us what we need to know."

Joseph LaMonica with the Bituminous Coal Operators Association supported the argument that MSHA does not have enough information about what level of respirable coal mine dust miners have been exposed to.

The United Mine Workers' O'Dell agreed with the need for much more exposure research. He called for a rule that is "realistic, possible and gives best protections."

About the personal dust monitors, LaMonica recommended further use to gather more information about miner exposure levels and to "assure that the PDM is ready for prime time."

The new rule to tackle black lung will be much different if industry has its way. The NMA and other industry leaders are promising to propose alternatives. MSHA officials are OK with that as long as the measures are enough to deal with the problem.

"This is not only an issue of death for the miners but an issue of extended suffering for years before they die," Wagner said.