| In the matter of Clinch Valley Coal Corporation No. 5 Mine I.D. No. 46-07642 | Petition for Modification Docket No. M-93-212-C |
Date Issued: (no date provided yet)
PROPOSED DECISION AND ORDER
On August 3, 1993, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's No. 5 Mine, located in McDowell County, West Virginia. 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 is issued.
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 is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(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.
On the basis of the petition and the findings of MSHA's investigation, Clinch Valley Coal Corporation is granted a modification of the application of 30 CFR 75.364(b)(2) to its No. 5 Mine.
On the basis of the petition and the findings of MSHA's investigation, Clinch Valley Coal Corporation is granted a modification of the application of 30 CFR 75.364(b)(2) to its No. 5 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 Clinch Valley Coal Corporation's Petition for Modification of the application of 30 CFR 75.364(b)(2) in the No. 5 Mine is hereby:
GRANTED, for the west return aircourses of the Big Creek Mains, conditioned upon compliance with the following terms and conditions:
1. Four monitoring stations which allow effective evaluation of air flow in the west return aircourse of Big Creek Mains shall be at the following locations:
-
(a) In each of the two entries connecting the proposed 3rd Left Section to the return aircourse of Big Creek Mains, outby spad Nos. 2222 and 2204, to monitor the air entering the aircourse. (Attachment Map for Clinch Valley Coal Corporation, No. 5 Mine, location labeled BEP A.)
(b) In each of the two regulators in entries No. 3 and 4, in line with the main mine surface fan, three blocks inby the mine portals, to monitor air exiting the aircourse. (Attachment Map for Clinch Valley Coal Corporation, No. 5 Mine, location labeled BEP B.)
3. Weekly examination of each stopping separating the Big Creek Mains return aircourse from the adjacent belt entry and the mine's alternate escapeway shall be conducted and the stopping maintained to minimize leakage. Each stopping examined shall have date boards upon which the initials of the examiner, date and condition of the stopping are to be recorded.
4. Daily 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 station. The evaluation shall also include a determination of each aircourse's leakage, defined and measured as stated in paragraph 9 below.
5. 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.
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 the monitoring stations. Such results shall be recorded in a book kept on the surface and made accessible to all interested parties.
7. 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.
8. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for return air. An increase of 0.5 per centrum methane above the last previous methane reading or a 10 percent change in air flow quantity shall cause an immediate investigation of the affected area.
9. The aircourse's initial leakage shall be determined during the first evaluation following implementation of this modification. Leakage is defined as the discrepancy between the air quantity entering and exiting the aircourse, as measured at the monitoring stations. A 10 percent change from the initial leakage in each aircourses shall cause immediate examination of all permanent ventilation structures. Damaged stoppings or other ventilation structures shall be repaired or replaced to minimize leakage.
10. The monitoring station locations and representative air quantity and quality measurements at each of the monitoring stations shall be shown on the mine ventilation map. Station locations shall not be moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
11. Prior to implementing this alternative method, all mine personnel shall be instructed that no travel into the Big Creek Mains return aircourse 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 shall 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.
12. 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 |
