September 23, 1997
| PROPOSED AMENDED DECISION | In the matter of |
| Santa Fe Pacific Gold Corp. | |
| PETITION FOR MODIFICATION | Docket No. M-94-18-M |
On February 18, 1994, a petition was filed by Santa Fe Pacific Gold Corporation seeking a modification of the application of 30 CFR 56.6309 to petitioner's Twin Creeks Mine (ID No. 26-01942) located in Humboldt County, Nevada. The petitioner alleged that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection for miners as afforded by the standard.
Standard 56.6309, Fuel Oil Requirements for ANFO, provides:
- (a) Liquid hydrocarbon fuels with flash points lower than
that of No. 2 diesel oil (125 F) shall not be used to
prepare ammonium nitrate-fuel oil, except that diesel fuels
with flash points no lower than 100 F may be used at
ambient air temperatures below 45 F.
(b) Waste oil, including crankcase oil, shall not be used to prepare ammonium nitrate-fuel oil.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings and recommendations with the Administrator. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendations, a Proposed Decision and Order was issued on November 21, 1994, granting a modification of 30 CFR 56.6309 to the Twin Creeks Mine. The modification, which became effective on December 21, 1994, allowed the operator, with certain conditions, to utilize waste oil in lieu of conventional oil when preparing Ammonium Nitrate Fuel Oil blasting agents.
Modification was granted based on the determination that the alternative method, as conditioned on petitioner's compliance with specified factors, would at all times guarantee no less than the same measure of protection afforded by the standard in that strict monitoring and testing was required in all phases of preparation and prior to use or handling by miners.
Relief as outlined in the Proposed Decision and Order was further conditioned upon circumstances existing at the mine at the time the modification was granted.
On December 8 and 29, 1994, the petitioner submitted a review of the conditions relevant to the Proposed Decision and Order. The review noted that conditions No. 2, 6, and 14 were incorrect and in need of modification. The Proposed Amended Decision and Order issued on January 20, 1995 incorporated the modifications noted above.
On August 27, 1997, the petitioner requested that the ethylene glycol limitation be removed from the sampling requirements for used oil. This Proposed Amended Decision and Order incoporates the modification noted above.
FINDING OF FACT AND CONCLUSION OF LAW
Pursuant to 30 CFR 44.53, an amendment of the existing granted petition for modification is proposed based on the review of conditions relevant to the Proposed Decision and Order submitted by the petitioner.
Compliance with this Proposed Amended Decision and Order entitles Santa Fe Pacific Gold Corporation to a modification of the application of 30 CFR 56.6309 to its Twin Creeks Mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that modification of the application of 30 CFR 56.6309 to the Twin Creeks Mine, as it pertains to utilizing waste oil in Ammonium Nitrate Fuel Oil blasting agents, is hereby:
- GRANTED, conditioned on compliance with the following:
- Only waste (used oil), petroleum-based, lubrication oil from equipment at the Twin Creeks Mine shall be recycled for blending with fuel oil and conventional prills to create a blasting agent. The used oil shall not contain any hazardous waste material listed in Subpart D, Title 40, Code of Federal Regulations § 261 (July 1, 1994).
- The used oil shall be recycled by filtering and then stored in tank(s) used exclusively for this purpose. The contents of each storage tank shall, after testing and meeting the specifications provided in Item #4 below, shall have no additional oil or other products, with the exception of diesel fuel (No. 2) or more tested used oil, added until the contents of each tank have been depleted.
- Prior to being blended with the fuel oil, the used oil
shall be filtered with screens arranged in series which
shall insure the oil has no larger particle size than
147 microns. These filters shall be cleaned or
replaced immediately after the used oil (hereinafter
called "recycled oil") has been recycled or when the
filtering system pump pressure reaches or exceeds 50
PSI.
Pressure on the recycled oil filtering system shall be regulated by a pump which will be set for this maximum 50 PSI. The pump shall be maintained in a functional condition when oil is in the system and will regulate flow such that no oil passes into the recycling storage tank when 50 PSI occurs at the pump outlet.
- (a) Tests or analysis shall be conducted on each
storage tank of recycled oil, after the entire contents
are thoroughly mixed and prior to blending with the
fuel oil, to ensure that the recycled oil meets the
following limits:
Arsenic -- 5 ppm maximum
Benzene -- 25 ppm maximum
Cadmium -- 2 ppm maximum
Chromium -- 10 ppm maximum
Lead -- 100 ppm maximum
Total Halogens -- 1,000 ppm maximum
Flash Point -- 100-125 F minimum*
*See condition #4 (b)
(b) A flash point test shall be done on each batch of recycled oil using the open cup ASTM method. Each batch shall have a minimum flash point of 100 Fahrenheit when the ambient air temperature is below 45 Fahrenheit. If the ambient air temperature is above 45 Fahrenheit, a minimum flash point of 125 Fahrenheit shall be maintained.
(c) Any test results higher than the above limits shall be retested immediately. The contents of the recycled oil storage tank shall not be blended with the diesel fuel if the test results are higher than the above limits.
(d) If the above limits are lowered by MSHA or another Federal Agency after the effective date of this Proposed Decision and Order, the Petitioner shall submit a new procedure which could accommodate the new lower limits or submit justification as to why a new procedure would be unnecessary. This request shall be submitted to the Administrator for Metal and Nonmetal within sixty days after the effective date of the new regulations.
- A sight tube to measure water content shall be installed and maintained in a functional condition on each recycled oil storage tank. The recycled oil shall be checked for ethylene glycol and water by use of this sight tube prior to blending with diesel fuel. If either water or ethylene glycol is observed, it shall be drained prior to mixing with the diesel fuel.
- The contents of each blending oil storage tank shall be
considered a batch and no additional oil or other
products, with the exception of diesel fuel or more
blended oil, shall be added until the contents of each
tank has been fully depleted.
The batch of recycled oil and diesel fuel (hereinafter called "blended oil") shall not exceed 50% (by volume) recycled oil. An absorption test on the recycled oil shall be done prior to blending with the diesel fuel to determine the proper mixing ratio.
- The blended oil shall not be modified by heating, the
addition of additives (excluding the diesel fuel), or
in any other way that could change the relevant
properties of the oil.
High viscosity oils of 90W or above shall be restricted to less than 10% of the total quantity of the recycled oil in each storage tank.
- During mixing, the blended oil shall be continuously mixed with the diesel fuel to ensure a thorough blending. Mixing procedures, for the diesel fuel and the blended oil, shall ensure that two consecutive samples, taken five minutes apart, are within 10% viscosity of each other prior to loading the mixture into the bulk vehicle. Viscosity tests of the blended oil shall be taken at ambient outside temperatures before the oil is pumped into the ANFO truck.
- Prior to a batch of blended oil being first used, and every 30 days thereafter, until the batch is depleted, tests for ethylene glycol and water content shall be made by drawing a sample below the blending level. If either substance is observed, use of the blended oil shall be discontinued until the ethylene glycol and/or water is drained from the oil.
- Use of the blended oil shall be suspended when it becomes too viscous to obtain proper absorption (6% fuel by weight) in the prills. Additional diesel fuel may be added to the blended oil and thoroughly mixed to obtain the proper viscosity as described in condition #8.
- Only conventional ammonium nitrate prills shall be used with the blended oil.
- Each new batch of blended oil and ammonium nitrate
prills shall be tested for sensitivity with a #8
detonator, as specified in 49 CFR 173.114(a), prior to
the ANFO being loaded into any drill hole.
This sensitivity test shall be performed on at least three samples, each having minimum dimensions of 3 inches in diameter and 6 inches in length with the detonator placed in the center of each sample. Each sample container shall be non-rigid (such as paper products) to minimize confining effects upon initiation.
- Each blended oil/prill storage tank shall have a
continuous temperature monitoring system installed
consisting of at least the following components:
- Two heat sensors (thermocouple-type) which protrude six inches or more into the mixture. Each sensor shall be installed at the bottom and midway point of each tank and shall be electrically wired to ensure two separate measurement zones. Each sensor shall have a separate LED readout.
- An uninterruptable power supply for the heat sensors in the event of power failure; and
- The heat monitoring system shall be connected to
the mine's computerized dispatch system. An auto
dialer shall be installed in the dispatch system which
shall automatically notify mine security if the storage
tank(s) temperature exceeds 110 Fahrenheit.
This monitoring system shall be maintained in a functional condition. If, for any reason, any part of the system becomes inoperational the mixture shall not be used until the system is repaired and temperature measurements taken of the blended oil/prill mixture. The mixture can be used if readings are below 110 Fahrenheit in accordance with the terms in condition #14. The mixture shall be used immediately, destroyed, or neutralized if readings are above 120 Fahrenheit in accordance with the terms in condition #14.
- In the event of ANFO mixture temperatures exceeding
110 Fahrenheit, a portable heat monitoring system
shall be utilized to take temperature readings at least
once per hour until three consecutive readings indicate
that the temperature is below 100 Fahrenheit. If the
temperature does not fall below 100 Fahrenheit within
24 hours after the first measurement, a sample of the
mixture shall be withdrawn and analyzed by a reputable
laboratory.
The mixture shall not be used, nor shall new oil be added, if the temperature exceeds 120 Fahrenheit. The heated mixture shall be destroyed and/or neutralized in a manner recommended by explosives manufacturers.
- The mixture shall be transported and used in a closed system which prevents skin contact, inhalation of vapors and ingestion of the ANFO product. Personal protective equipment worn by employees who handle the oil or the ANFO mixture, as required by 30 CFR 56.15006, shall be maintained to ensure the intended protection and shall be decontaminated after each use.
- The mixture shall not be used in unventilated spaces or underground blasting operations. The ANFO shall only be used on the Twin Creeks Mine property, shall not be sold to other mine properties, and shall not be stored for more than 96 hours (including holidays and days not working).
- The petitioner shall maintain a daily "load" and "shot" report detailing all holes loaded and shots fired which contain this blended oil/prill mixture.
- Emulsions (heavy ANFO) shall not be used with the blended oil unless the emulsion manufacturer certifies compatibility of the emulsion with the oil.
- Misfires which occur when the blended oil/prill mixture is used shall be immediately reported to the MSHA District Manager.
- A lockout system shall be provided and utilized on each
oil storage tank facility to prevent unauthorized
tampering. Only properly trained and authorized
personnel shall have keys to operate the lockout
system.
This condition does not apply to the exit gate valve during ANFO preparation.
- Material Safety Data Sheets (MSDS) for the used oil and fuel oil shall be maintained at the mine site.
- Records shall be maintained for three years and made
available to MSHA and the miners representative upon
request for the following:
a) Condition #4(a) - test results in PPM;
b) Condition #4(b) - test results in Fahrenheit;
c) Condition #6 - blend mix ratio of diesel fuel to recycled oil for each batch and the absorption test results;
d) Condition #7 - blending date, quantity in gallons of each batch ingredient, and viscosity test results;
e) Condition #12 - sensitivity test results, including whether or not the sample detonated;
f) Condition #13 - date of repairs, items repaired, temperature measurements, and mixture use, destruction or neutralization reports;
g) Condition #14 - results of laboratory analysis and mixture use, destruction or neutralization reports;
h) Condition #17 - "load" and "shot" reports - these records will note the date(s) of loading, blasting, quantities of ANFO or emulsions used, weather conditions, detonation methods, the borehole size(s), the use of plastic hole liners, and the number and location within the round (shot) of any misfires; and
i) Condition #18 - manufacturer's certification of compatibility;
j) Condition #19 - records of misfires
- A correctly labeled diagram of the entire recycling, blending, and mixing system shall be maintained and updated, if appropriate, annually. This schematic drawing shall be made available to MSHA and the miners representative upon request.
- Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit revisions to their approved 30 CFR Part 48 training plan to the MSHA District Manager. These revisions shall include initial and refresher training regarding compliance with the alternative method stated in the petition and the special terms and conditions outlined in this Proposed Decision and Order.
| For /s/ C.N. Narramore |
 _________________________________ Edward C. Hugler Administrator for Metal and Nonmetal Mine Safety and Health |
