On October 28, 1993, MSHA issued a Proposed Decision and Order (PDO) granting modification of 30 CFR 75.364(b) to the McElroy Mine. That PDO became final November 27, 1993. On April 23, 1997, the petitioner filed a request to amend the modification. The request claimed that ventilation changes and the sealing of worked-out areas, 30 CFR 75.371 approved by the MSHA District Manager, in the ventilation plan, had reduced the extent of the aircourse addressed by the modification and eliminated the need for monitoring stations identified as Evaluation Points Nos. 4, 5 and 6.
MSHA personnel conducted an investigation of the proposed amendment, including the changes to the petitioned area and the elimination of monitoring stations, 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, comments, and MSHA's investigative report and recommendation, this Amended Proposed Decision and Order is issued.
Application of 30 CFR 75.364(b) 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.
On the basis of the proposed amendment to the petition and the findings of MSHA's investigation, McElroy Coal Company is granted a modification of the application of 30 CFR 75.364(b) to its McElroy Mine. This Amended Proposed Decision and Order, when final, shall supersede the Proposed Decision and Order issued October 28, 1993.
ORDER
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 McElroy Coal Company's Petition for Modification of the application of 30 CFR 75.364(b) in the McElroy Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. The Main East return between 1 South and 2 South shall be monitored by monitoring stations established at the following locations to allow effective evaluation of such aircourses:
(a) Monitoring station No. 1, located in the No. 5 entry of Main East return between Nos. 5 and 6 seals at 1 South, to monitor air leaving the petitioned aircourse;
(b) Monitoring station No. 2 at the topside of the overcast in the No. 2 entry of the Main East return at 1 South, to monitor air leaving the petitioned aircourse; and,
(c) Monitoring Station No. 7 located in the No. 5 entry of the Main East return, 150 feet outby spad No. 77+29.98, to monitor air entering the petitioned aircourse.
2. All evaluations shall be made by a certified person on a daily basis. The evaluation shall include the air quantity and quality of all air entering and exiting the affected area at the monitoring stations. The date, initials of examiner, time, and results of these evaluations shall be recorded in a book, or on a date board, that shall be provided at the monitoring stations. Such results shall also be recorded in a book kept on the surface and made accessible to all interested parties. A sign designating the location of each monitoring station shall be conspicuously posted in the adjacent travel entry.
3. A diagram showing the normal direction of the air current flow in this area shall be posted at each monitoring station. Such a diagram shall be maintained in a legible condition. Any change in the flow of the air currents shall be reported to the mine foreman for immediate investigation.
4. All monitoring stations and approaches to such stations shall, at all times, be maintained in a safe condition. The roof shall be adequately supported by roof bolts or other suitable means, and the area between the fall and the stations shall be adequately supported to prevent further deterioration of the roof in the vicinity of the stations.
5. Methane gas or other harmful, noxious, or poisonous gases shall not be permitted to accumulate in these airways in excess of legal limits. An increase of 0.5 percent methane above the last previous methane reading shall cause an immediate investigation of the affected areas. If, at any time, the air quantity at any of the monitoring stations indicates a change in air quantity of 10 percent, an immediate investigation of the affected area shall be conducted.
6. The monitoring stations shall be shown on the mine ventilation map and shall be a part of the approved ventilation plan for the mine. The stations shall not be moved to another location without prior approval by the District Manager as part of the ventilation plan for the mine.
7. Prior to implementing this alternative method, all persons who work in this area shall be instructed immediately in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.1704-2. Persons not normally employed in this area shall be instructed in emergency evacuation procedures and escapeway routes before starting work in the areas.
8. 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 the 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.
_________________________________
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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