Petition for Modification
In the matter of
R & R Mining Inc.
# 73 Mine
I.D. No. 36-00844
Docket No. M-93-282-C
30 CFR 75.364(b) and (c)
On September 28, 1993, a petition was filed by Commercial Mining, Inc. seeking a modification of the application of 30 CFR 75.364(b) and (c) to Petitioner's No. 1 Mine, located in Cambria County, Pennsylvania.
The Petitioner alleges that application of this standard which requires traveling at least one entry of the petitioned aircourses and examination of the mine seals during the weekly examination will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA's investigation of the petition was delayed due to the operator's proposed alternative method relying on a forced air / blowing mine ventilation system which had not been approved in the mine ventilation plan or installed at the mine. The ventilation changes necessary to evaluate the proposed method were not implemented in the mine due to the operators limited resources until August of 1994. The petition investigation report was completed September 15, 1994, and found the proposed aircourse monitoring stations and the air flow at those points inadequate to provide assurance that the subject aircourses and inaccessible mine seals were being effectively ventilated. Additional delay occurred while efforts to increase the airflow to the monitoring stations were attempted.
On May 4, 1995, the Petitioner submitted an amendment to the petition in which a monitoring station was relocated and changes to the aircourses and mine ventilation were documented. Additional delay resulted while the airflow in the mine and at the proposed monitoring stations was again investigated and supplemental petition investigation reports prepared. The supplemental investigation report dated July 20, 1995, continued to show little or no air flow at the proposed monitoring stations with significant quantities of carbon dioxide in the air reaching various monitoring stations and worked-out area evaluation points. To address these concerns the Petitioner again modified the mine ventilation by installing a larger main mine fan, by moving the locations of the production mining unit and by making changes to the mine ventilation controls. The changes were completed by the end of December 1995.
On January 2, 1996, a revised notice of legal identity was filed with MSHA reflecting a change in the mine's operating company. The new mine operating company was Pelesmitco, Inc., and the new mine name was Pelesmitco No. 3. MSHA contacted the new mine operator to determine whether it wished to continue with the petition for modification. After being notified that Pelesmitco Inc. did wish to pursue the modification, MSHA conducted an additional investigation to evaluate the changes made in the mine ventilation system. The supplemental report of investigation was submitted February 26, 1996, which indicated that the changes had resulted in improved ventilation and that the monitoring points were functioning properly with "good air movement" in the intended direction. Subsequent to that investigation, the active mining section moved deeper into the underground areas of the formerly abandoned mine workings of the Bethlehem No. 73 Mine, Berwind-White No. 37 Mine and adjacent worked-out areas of an unidentified mine.
On August 3, 1998, the Pelesmitco No. 3 Mine was temporarily abandoned and remained unventilated and unexamined until reopened September 14, 1999, by R & R Mining Inc. MSHA's contact with the new operating company confirmed that R & R Mining continues to request modification of 30 CFR 75.364(b) and (c) under the mine's new name, No. 73 Mine.
MSHA personnel conducted several investigations of the petition and filed several reports of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative reports and recommendation, this Proposed Decision and Order is issued.
Application of 30 CFR 75.364(b)(1, 2 and 4) and (c)(1, 2 and 3) to the subject mine will result in a diminution of safety to the miners. The Petitioner's proposed alternative will provide a safe work environment for the miners.
MSHA's investigations revealed that the No. 73 Mine consists of the reopened interconnected workings of the formerly abandoned Bethlehem No. 73 Mine, the Berwind-White No. 37 Mine and adjacent worked-out areas of an unidentified mine. These mines, as shown on the Petitioner's mine map, are in excess of 3,000 acres and are composed predominately of worked-out, pillared and inaccessible areas.
MSHA has approved staged rehabilitation plans, including changes to allow blowing ventilation to permit concurrent mining of coal near the mine portal while rehabilitation in the deeper workings progresses.
The requested modification would allow two air courses, ventilating seals, to be left inaccessible such that the aircourses and seals could not be examined. Petitioner proposes as an alternative method, four monitoring stations at which air flow direction and air quality would be monitored on a daily basis. The first aircourse is over 7,800 feet in length with two seals separating the old Bethlehem No. 73 Mine from an adjacent large abandoned mine at approximately the midpoint. The mine map submitted with the petition shows a single monitoring station (M.P. #4 )at the beginning of six parallel entries which neck down to two entries as they approach two mine seals. Over the course of time this monitoring station has been relocated in conjunction with mining. The air flow then travels through three entries and is diverted into three worked-out panels which are partially flooded by permanent mine pooled water; the pool elevation line is shown on the mine map. The air flow then travels through seven entries to a single monitoring station (M.P. #3). The second aircourse is nearest the mine portals and ventilates fourteen seals which isolate worked-out areas within the old Bethlehem No. 73 Mine. That aircourse is a continuation of a bleeder system for an even larger worked-out area and consists of two return entries. Later ventilation changes resulted in reversing airflow direction and relocation of a monitoring station such that the monitoring station for air entering the aircourse (M.P. #1) is immediately before ventilating the first mine seal in the OLD MAIN entries. This second aircourse is approximately 2,000 feet in length and begins approximately 1400 feet inby the mine portals. Three seals and approximately 450 feet of aircourse are accessible near the beginning of the aircourse and the remaining 11 seals and 1500 feet of aircourse are inaccessible and unsafe to travel and examine up to the proposed monitoring station (M.P. #2) where air leaves the aircourse. The active working section is at least 8,700 feet inby the portals and isolated from this second petitioned aircourse by a stopping line.
MSHA's petition investigations revealed that: a) the rehabilitation effort had not progressed to where the petitioned mine seal locations or the aircourses approaching and ventilating those seals can be safely traveled or examined; b) the proposed evaluation method and monitoring stations provide no means for visual examination of the condition of the mine seals; c) the rehabilitation work necessary for establishing access would be hazardous and prohibitively costly; d) travel to the proposed monitoring stations for examinations for the areas inby the working section can be done safely using appropriate equipment and precautions by experienced certified mine examiners; e) the mine rehabilitation has reopened sufficient areas for the present mine fan to move air through the aircourses, and the proposed evaluation points and air quality measurements provide information that air is flowing through the inaccessible aircourses; and, f) the effectiveness of the blowing mine fan, proposed seals, gob boreholes and bleeder evaluation points is sufficient for mining, but must be carefully reevaluated preceding every cut-through in to old workings to assure air reversals do not occur.
On the basis of the petition and the findings of MSHA's investigation, R & R Mining Inc. is granted a modification of the application of 30 CFR 75.364(b)(1, 2 and 4) and (c)(1, 2 and 3) to its No. 73 Mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that R & R Coal Inc.'s Petition for Modification of the application of 30 CFR 75.364(b)(1, 2 and 4) and (c)(1, 2 and 3) in the No. 73 Mine is hereby:
GRANTED, for the evaluation of the inaccessible intake or return air course ventilating inaccessible mine seals, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations, which allow evaluation of air flowing through the segment (1400 feet of the approximate 2000 feet) of the Old Mains aircourse ventilating 11 inaccessible seals of the 14 mine seals between the junction of Old Mains and 5 Right and 6 Left bleeder connection to the aircourse, shall be established at the following locations:
(a) In the No. 1 entry of 5 Right, immediately before joining with Old Main, to monitor air traveling the inaccessible aircourse segment ventilating the inaccessible seals across Old Main and along the north entry of Old Main. (Referred to in the petition as #1 M.P.)
(b) In the No. 1 entry of Old Main, immediately prior to the location where air ventilating 6 Left joins the air flow, to monitor air traveling the inaccessible aircourse segment ventilating the inaccessible seals across Old Main and along the north entry of Old Main. (Referred to in the petition as #2 M.P.)
2. Two monitoring stations, which allow evaluation of the air traveling the 6 common and inaccessible entries inby 3-Left off of the Main Headings and two inaccessible mine seals, shall be established as follows:
(a) In the No. 4 entry (old track entry) of the Main Headings, inby 3 Left to monitor air traveling the aircourse which ventilates the two inaccessible mine seals separating the operator's mine and the abandoned mine to the north. (Referred to in the petition as #4 M.P.)
(b) In the No. 4 entry of 8 South Mains at the junction with 2nd Panel to monitor air traveling the inaccessible aircourses and inaccessible mine seals. (Referred to in the petition as #3 M.P.)
3. Signs showing the safe travel route to each monitoring station shall be conspicuously posted in traveled entries.
4. Evaluations shall be conducted by a certified person at each of the monitoring stations. The evaluation shall include the quantity and quality of air entering or exiting the monitoring stations. Air measurements at monitoring stations shall be conducted daily. These air measurements shall be made using MSHA approved and calibrated hand-held multi-gas detectors to check the methane, oxygen and carbon dioxide gas concentrations and appropriate, calibrated anemometers or chemical smoke to check air flow volume.
5. A diagram showing the normal direction of the air flow and air flow quantity shall be posted at each monitoring station. The diagram shall be maintained in legible condition and any change in air flow direction shall be reported to the mine foreman for immediate investigation. The air flow reversal, the measured air quantities and qualities, and the results of the investigation shall be immediately reported to the MSHA District Manager.
6. The date, initials of the examiner, time and the measured quantity and quality of air shall be recorded in a book, or on a date board, that shall be provided at each monitoring station. Such results shall also be recorded in a book kept on the surface and made accessible to all interested parties.
7. All monitoring station(s) and approaches to monitoring station(s) shall, at all times, be maintained in a safe condition. The roof shall be adequately supported by roof bolts or other suitable means to prevent deterioration of the roof in the vicinity of the stations.
8. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for intake or return air as determined by the air course usage approved in the mine ventilation plan. An increase of 0.5 per centum methane above the last previous methane reading or presence of carbon dioxide in excess of 0.5 percent or a 10 percent change in air flow quantity shall cause an immediate investigation of the affected area. The investigation shall include examination of the entry(s), accessible mine seals and accessible ventilation controls to determine if roof fall(s) or seal failure has influenced the quantity or quality of air flow. The results of the investigation shall be immediately reported to the mine foreman and to the MSHA District Manager.
9. The monitoring station locations, air direction at these monitoring stations, and the CFM, CH4 and O2 readings shall be shown on the annually submitted mine ventilation map. The monitoring stations shall not be moved to another location nor the direction of the air flow changed without prior approval by the District Manager, as a part of the Ventilation Plan approval for the mine.
10. Prior to implementing this modification, all mine personnel shall be instructed that, except along designated routes, no travel into the petitioned aircourses shall be permitted and all other approaches shall be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry in the area shall be permitted only to conduct investigations as required by paragraphs 4, 5 and 8 and to correct problems with air flow detected through the monitoring process and all such work will be done under the supervision of an authorized person. All persons who work in this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383. Also, all certified mine examiners shall be instructed in the hazards of approaching or entering into potentially oxygen deficient atmosphere down wind of sealed or ventilated worked-out areas and to be continually on the alert for airflow reversals, aware of the potential hazards of rapidly falling barometric pressure and the hazard(s) posed by the presence of carbon dioxide and/or oxygen deficiency.
11. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall include initial and refresher training regarding compliance with this Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
