| In the matter of K and S Coal Company First Chance Slope Mine I.D. No 36-07629 | Petition for Modification Docket No. M-94-135-C |
Date Issued: 10/12/1997
PROPOSED DECISION AND ORDER
On August 18, 1994, a petition was filed seeking a modification
of the application of 30 CFR 75.332(b)(1) and (b)(2) to Petitioner's first Chance Slope Mine, located in Schuylkill County, Pennsylvania. Subsequent to the filing, discussions between MSHA and anthracite industry personnel determined that 75.332(b)(1) and (b)(2) could be complied with and that 30 CFR 75.334(a)(1) and (b)(2) is the appropriate regulation to modify. 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 that 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
The mining and ventilation practices common to underground anthracite mines have developed mainly as a result of mining coal seams that can pitch from 20 to 90 degrees. Removal of coal from the pitched beds sometimes results in cracks and breaches to the surface. It is quite common for these breaches to allow air to enter and exit the mine through these unintentionally created openings. The fresh air that enters the mine through these openings aids in mine ventilation. At other times when the fan is off, these same openings provide a degree of natural ventilation to the mine. Moreover, some coal reserves have been and continue to be accessed through old works that were not sealed. Such old works frequently have openings to the surface through breaches and cracks which also allow outside air to enter and exit the mine. Atmospheric testing by industry and MSHA personnel has determined that air entering areas in the mine where persons work or travel through such breaches meets the air quality requirements specified in 75.321. Additionally, investigators found evidence to support the petitioner's claim that the installation of seals to prevent air from entering the mine from the surface openings would be impractical and subject miners to inherent hazards of coal bed pitch and entry configuration.
Consequently, application of 30 CFR 75.334(a)(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.
On the basis of the petition and the findings of MSHA's investigation, K and S Coal Company is granted a modification of the application of 30 CFR 75.334(a)(1) and (b)(2) to its First Chance Slope Mine.
Consequently, application of 30 CFR 75.334(a)(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.
On the basis of the petition and the findings of MSHA's investigation, K and S Coal Company is granted a modification of the application of 30 CFR 75.334(a)(1) and (b)(2) to its First Chance Slope 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 K and S Coal Company's Petition for Modification of the application of 30 CFR 75.334(a)(1) and (b)(2) in the First Chance Slope Mine is hereby:
GRANTED, for the quality of air used to ventilate the First Chance Slope Mine, conditioned upon compliance with the following terms and conditions:
1. A certified person designated by the operator shall, before every shift, take an air reading at the mouth of the gangway just off the intake air haulage slope to determine the quality of air entering the working section by testing for methane, carbon dioxide, and oxygen deficiency.
If the air quality readings obtained at the mouth of the gangway:
- exceed 0.25 percent carbon dioxide;
- exceed 0.25 percent methane; or
- fall below 20.0 percent oxygen;
2. Air quality readings for methane, carbon dioxide, and oxygen shall be taken on the working section during the on-shift examination. Air quality readings shall also be taken at least once each shift where miner(s) are performing work outby the working section. If, at any time, the air quality does not meet the standards specified in stipulation No. 1 then:
- all production work shall be immediately stopped;
- all electrical equipment shall be deenergized; and
- all miners, except those whose presence is necessary to correct the condition, shall be withdrawn from the mine.
4. 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 |
