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Petition for Modification


In the matter of
Monterey Coal Company
No. 1 Mine
I.D. No. 11-00726
Docket No. M-2002-113-C
30 CFR 75.350

PROPOSED DECISION AND ORDER

On January 5, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Perry County Mining Company's Eas #1 Mine, located in Perry County, Kentucky. MSHA issued a Proposed Decision and Order granting the modification (Docket No. M-1999-150-C) which became final June 10, 2001. Subsequently, the mine name and company name were changed and the mine ventilation system was altered.

On January 14, 2002, the petitioner sought a modification of the application of 30 CFR 75.364(b)(2) to the HZ4-1 Mine. The petition was investigated by MSHA district personnel and a report filed dated March 26, 2002. Neither the petition nor the investigation report noted that the petitioned area was covered under the existing modification. Before a Proposed Decision and Order for Docket No. M-2002-004-C could be issued the petitioner made additional ventilation changes which rendered the proposed method of evaluation invalid. Those changes were submitted and approved as changes to the mine ventilation plan by the MSHA District Manager in conformance with 30 CFR 75.370.

On June 20, 2002, the petitioner sought a modification of 30 CFR 75.364(b)(2) to the HZ4-1 Mine. That petition was assigned Docket No. M-2002-053-C and reflected the ventilation changes approved by the District Manager May 6, 2002. The petition did not note the modification was covered under the existing modification under Docket No. M-1999-150-C and that the same areas were investigated under Docket No. M-2002-004-C.

The petitioner alleges that approximately 2,400 feet of intake / neutral aircourse in the Southeast Mains has become unsafe for mine examiners to travel and that the taking of air quantity and quality measurements at four locations down the length of the aircourse will provide no less than the same measure of protection as the standard. The requested modification would reduce the area described in Docket No. M-1999-150-C by approximately 1400 feet in the Roll Mains. All entries in the Roll Mains have been made common with the belt and track entries by removing stoppings. The weekly examination of the entries can be made and the modification is no longer needed for that location. However, the remaining area in the Southeast Mains remains unsafe-for-travel. Air is diverted from the Southeast Mains, through regulators, into the Roll Mains to ventilate an active conveyor belt entry and common rail haulage entry. This must be intake air and the modification must address 30 CFR 75.364(b)(1) rather than 75.364(b)(2). The petitioner added a monitoring station immediately down wind of the Southeast Mains Seals. The Petitioner alleges that application of this standard 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 personnel conducted an investigation of the petition and filed a report 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 report and recommendation, this Proposed Decision and Order (PDO) is issued.

Finding of Fact and Conclusion of Law

Application of 30 CFR 75.364(b)(1) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.

The petitioner's proposed alternative method consists of daily examinations at four evaluation points to monitor the air quality and quantity in each of two entries along approximately 2,400 feet of intake aircourse which has become unsafe for mine examiners to travel for weekly examinations. These are entries number 8 and 9 of the Southeast Mains near the junction with the Roll Mains. In addition, the petitioned area will extend across the 9 Southeast Mains seals to immediately downwind of the seal in No. 1 entry, an additional 800 feet. MSHA's investigation confirms the area to have deteriorated roof and roof falls rendering the aircourse unsafe for travel and essentially impractical to rehabilitate. It also confirms that the area of the mine for which the modification is requested is ventilated by a blowing/forced air ventilation fan. Further, due to the roof falls and entry closure on the petitioned aircourse, less than 25 percent of the air flow at the beginning of the petitioned area reaches the end.

The air flow decreased because of leakage through approximately 60 ventilation controls, including two regulators and an overcast, which separate the petitioned area from the Roll Mains. The investigation map indicates that the aircourse consists of two common entries, increasing to three common entries and decreasing back to two entries in the southern most entries of Southeast Mains before entering a short section of the Roll Mains where the airflow is directed across the belt entry through an overcast and across the 9 Southeast Mains mine seals. The inclusion of ventilating the Southeast Mains mine seals adds an area not addressed in the original modification granted under Docket No. M-1999-150-C. The airflow ventilating the Southeast Mains 9 Mine seal is shown as "designate return aircourse".

The map also indicates that, at the present time, there are no ventilated worked-out areas or sealed areas from which methane or oxygen deficient air could be released into the aircourse. That designation is not consistent with this PDO. Air quantity readings taken during the investigation of Docket No. M-1999-150-C indicate substantial leakage exists through the ventilation controls creating the aircourse. That leakage decreases the air flow in the petitioned aircourse, with the leakage increasing air flow in the adjacent belt entry. Therefore, MSHA continues to require monitoring of the level of leakage during daily examinations and weekly examination of ventilation controls to provide early detection of further restriction of air flow by roof falls, or short circuiting of air flow should a ventilation control(s) fail.

The mine map shows projected development which may require significant ventilation changes. Because of the very high leakages of air flow from the petitioned aircourse into the adjacent track haulage or belt haulage entries, the petitioned aircourse is not suitable for designation as a return and, if used to ventilate future sealed areas, those seals should be examined on a preshift basis. All seals are currently accessible and being examined weekly.

This modification does not cover the mine seals in the Roll Mains or Southeast Mains. The evaluation system under Docket No. M-2003-053-C is not intended to provide an effective evaluation of the condition of those seals and examinations of those seals must continue.

On the basis of the petition and the findings of MSHA's investigation, Perry County Coal Corporation is granted a modification of the application of 30 CFR 75.364(b)(1) to its HZ4-1 Mine. This PDO, when final, shall supercede and replace the PDO issued under Docket No. M-1999-150-C.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Perry County Coal Corporation's Petition for Modification of the application of 30 CFR 75.364(b)(1) in the HZ4-1 Mine is hereby: 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

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.

_________________________________

John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health