| In the matter of Consolidation Coal Company Osage No. 3 Mine I.D. No. 46-01455 | Petition for Modification Docket No. M-93-81-C |
Date Issued: (no date provided yet)
AMENDED PROPOSED DECISION AND ORDER
On May 21, 1993, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's Osage No. 3 Mine, located in Monongalia County, West Virginia. On December 13, 1993, MSHA received an amendment revising the requested modification to include application of 30 CFR 75.364(b)(1) and (b)(2). 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. The air courses addressed by this petition are essentially those previously covered under Docket No. M-88-229-C. Subsequent changes to the mine's ventilation system resulted in seeking a modification of 30 CFR 75.364(b)(1) and(b)(2).
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, the amendment to the petition, and MSHA's investigative report and recommendation, a Proposed Decision and Order was issued July 5, 1994. Upon becoming final, the Proposed Decision and Order of July 5, 1994, superseded the Proposed Decision and Order, Docket No. M-88-229-C, issued August 8, 1989. A request for a hearing on specific terms and conditions of the Proposed Decision and Order was filed by Consolidation Coal Company on August 8, 1994, and the case was referred for hearing to the Chief Administrative Law Judge in accordance with 30 CFR 44.15. On January 18, 1995, the case was remanded to the Administrator for reconsideration of the July 5, 1994, Proposed Decision and Order. After review and reconsideration, this new Proposed Decision and Order is issued, superseding the Proposed Decision and Order of July 5, 1994.
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, the amendment to the petition, and MSHA's investigative report and recommendation, a Proposed Decision and Order was issued July 5, 1994. Upon becoming final, the Proposed Decision and Order of July 5, 1994, superseded the Proposed Decision and Order, Docket No. M-88-229-C, issued August 8, 1989. A request for a hearing on specific terms and conditions of the Proposed Decision and Order was filed by Consolidation Coal Company on August 8, 1994, and the case was referred for hearing to the Chief Administrative Law Judge in accordance with 30 CFR 44.15. On January 18, 1995, the case was remanded to the Administrator for reconsideration of the July 5, 1994, Proposed Decision and Order. After review and reconsideration, this new Proposed Decision and Order is issued, superseding the Proposed Decision and Order of July 5, 1994.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b)(1) and (b)(2) 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. Weekly evaluation, rather than daily is appropriate at monitoring stations 10D and 15 because at monitoring station 10D air flow is from an intake track entry; air flow leaving monitoring station 15 is also monitored by a daily pressure reading at the overcast; and, a systematic means of monitoring the condition of ventilation controls by monitoring leakage between monitoring stations is applied to all of the petitioned aircourses.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b)(1) and (b)(2) to its Osage No. 3 Mine.
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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(1) and(b)(2) in the Osage No. 3 Mine is hereby:
GRANTED, for three separate return aircourses and one intake aircourse in the
vicinity of Statler Airshaft, conditioned upon compliance with the following terms and conditions:
1. Monitoring stations which allow effective evaluation of air flow through the return aircourse known as the Mains 2-C Bleeder connector to Statler Airshaft shall be at the following locations as shown on the Petitioner's map (Exhibit A), and described as follows:
Statler Airshaft, shall be at the following locations as shown on the Petitioner's map (Exhibit A), and described as follows:
6. The aircourse between stations 7 and 15 in entry No. 1 of 7 West which was covered by Docket No. M-88-229-C is now part of the 7 West Bleeder System, and is not subject to examination under 30 CFR 75.364(b)(1) or (2).
7. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.
8. Similar signs for safe travel routes to any bleeder evaluation points being examined within the petitioned aircourse(s) shall also be provided in adjacent travel entries. All such bleeder evaluation points shall continue to be examined in accordance with 30 CFR 75.364(a)(1) and (a)(2) and the examination route shall be maintained safe to travel.
9. Daily evaluations shall be conducted by a certified person at each of the monitoring stations, except monitoring stations 10D and 15, identified in Items 4(a) and 3(a). Weekly examinations at the excepted monitoring stations 10D and 15 shall be conducted by a certified person. The evaluations shall include measurements of the quantity and quality of air entering or exiting the monitoring station. Air quality measurements shall be made for oxygen and methane using MSHA approved devices in accordance with 30 CFR 75.320. In addition, where the air leaving monitoring station 15 crosses over the overcast at track marker 465+00 on 2 West haulage, a magnahelix pressure gage will be installed and a daily reading of pressure will be taken and recorded. The evaluation shall also include a determination of each aircourse's leakage, defined and measured as stated in Item 11 below.
10. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for the aircourse.
Damaged stoppings or other ventilation structures shall be repaired or replaced to minimize leakage. Where the leakage change is solely the result of deliberate mine ventilation changes, a new base line percentage leakage shall be established.
.
12. A diagram showing the normal direction of the air flow 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.
13. The date, initials of the examiner, time, and air quantity and quality of air shall be recorded in a book or on a date board that shall be provided at the monitoring stations. Such results, including the calculated aircourse leakages, shall also be recorded in a book kept on the surface and made accessible to all interested parties. The calculation and recording of leakage shall be done on a weekly basis unless evaluations of all monitoring stations for an aircourse are conducted daily.
14. All monitoring stations and approaches to monitoring stations 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.
15. The monitoring station locations and representative air quantity and quality measurements for each monitoring station location shall be shown on the annually submitted mine ventilation map. The stations shall not be moved to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
16. Prior to implementing this alternative method, all mine personnel will be instructed that no travel into petitioned aircourses except along designated routes 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 investigate and correct significant 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.
17. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR 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.
GRANTED, for three separate return aircourses and one intake aircourse in the
vicinity of Statler Airshaft, conditioned upon compliance with the following terms and conditions:
1. Monitoring stations which allow effective evaluation of air flow through the return aircourse known as the Mains 2-C Bleeder connector to Statler Airshaft shall be at the following locations as shown on the Petitioner's map (Exhibit A), and described as follows:
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(a) At 2CB and 2CC immediately outby the crosscuts between entries No. 8 and No. 9, midway between gas well locations Mon. 960 and Mon. 973 and at 2CA at the 2C Bleeder regulator, to monitor the air entering the aircourse.
(b) At 8A, 8B, and 8C immediately inby the crosscuts between entries
No. 7, No. 8, and No. 9 west of 1C Bleeder and immediately north of Statler Airshaft, to monitor the air exiting the aircourse.
Statler Airshaft, shall be at the following locations as shown on the Petitioner's map (Exhibit A), and described as follows:
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(a) At 10B in entry No. 9 of 11 North Mains immediately prior to joining Main West and at 10A immediately inby the regulator in entry No. 10 on the north side Main West, to monitor the air entering the aircourse.
(b) At 9A and 9B in the north side entries No. 8 and No. 9 of Main West between and near track markers 450+00 and 455+00, to monitor the air exiting the aircourse.
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(a) At or immediately outby bleeder evaluation station No. 15 in entry No. 1 of 7 West near the September 1986 longwall recovery location, to monitor air entering the aircourse.
(b) At the overcast at track marker 465+00 on 2 West haulage to monitor negative pressure differential between the petitioned aircourse and the haulage entry.
(c) At 8D and 8E outby the two overcasts crossing the Mains entry No. 6, to monitor the air exiting the aircourse.
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(a) At 10D at or inby the regulator in the crosscut between the entry No. 7 track heading and entry No. 8 near track marker 490+00, to monitor the air entering the aircourse.
(b) At 10B in entry No. 9 of ll North Mains immediately prior to joining Main West return, to monitor the air exiting the aircourse.
6. The aircourse between stations 7 and 15 in entry No. 1 of 7 West which was covered by Docket No. M-88-229-C is now part of the 7 West Bleeder System, and is not subject to examination under 30 CFR 75.364(b)(1) or (2).
7. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.
8. Similar signs for safe travel routes to any bleeder evaluation points being examined within the petitioned aircourse(s) shall also be provided in adjacent travel entries. All such bleeder evaluation points shall continue to be examined in accordance with 30 CFR 75.364(a)(1) and (a)(2) and the examination route shall be maintained safe to travel.
9. Daily evaluations shall be conducted by a certified person at each of the monitoring stations, except monitoring stations 10D and 15, identified in Items 4(a) and 3(a). Weekly examinations at the excepted monitoring stations 10D and 15 shall be conducted by a certified person. The evaluations shall include measurements of the quantity and quality of air entering or exiting the monitoring station. Air quality measurements shall be made for oxygen and methane using MSHA approved devices in accordance with 30 CFR 75.320. In addition, where the air leaving monitoring station 15 crosses over the overcast at track marker 465+00 on 2 West haulage, a magnahelix pressure gage will be installed and a daily reading of pressure will be taken and recorded. The evaluation shall also include a determination of each aircourse's leakage, defined and measured as stated in Item 11 below.
10. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for the aircourse.
-
(a) An increase of 0.5 per centum methane above the last previous methane reading, or, for monitoring stations with more than 9,000 cfm air flow, a 10 percent change in air flow quantity between weekly evaluations or a cumulative 10 percent change in air flow during a calendar month shall cause an immediate investigation of the affected area.
(b) An increase of 0.5 per centum methane above the last previous methane reading, or, for monitoring stations with less than 9,000 cfm air flow, a 20 percent change in air flow between weekly evaluations or a cumulative 20 percent change in air flow during a calendar month shall cause an immediate investigation of the affected area.
Damaged stoppings or other ventilation structures shall be repaired or replaced to minimize leakage. Where the leakage change is solely the result of deliberate mine ventilation changes, a new base line percentage leakage shall be established.
.
12. A diagram showing the normal direction of the air flow 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.
13. The date, initials of the examiner, time, and air quantity and quality of air shall be recorded in a book or on a date board that shall be provided at the monitoring stations. Such results, including the calculated aircourse leakages, shall also be recorded in a book kept on the surface and made accessible to all interested parties. The calculation and recording of leakage shall be done on a weekly basis unless evaluations of all monitoring stations for an aircourse are conducted daily.
14. All monitoring stations and approaches to monitoring stations 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.
15. The monitoring station locations and representative air quantity and quality measurements for each monitoring station location shall be shown on the annually submitted mine ventilation map. The stations shall not be moved to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
16. Prior to implementing this alternative method, all mine personnel will be instructed that no travel into petitioned aircourses except along designated routes 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 investigate and correct significant 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.
17. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR 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 |
