| In the matter of Consolidation Coal Company Shoemaker Mine I.D. No. 46-01436 | Petition for Modification Docket No. M-96-007-C |
Date Issued: 04/12/1997
On January 29, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Shoemaker Mine, located in Marshall County, West Virginia. The Petitioner alleges that the proposed alternative method will provide the same measure of protection to miners as 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.
Application of 30 CFR 75.364(b)(4) to the subject mine will result in a diminution of safety to the miners and the alternative method (as amended by MSHA) provides a safe work environment for the miners.
The Petitioner described the access to the No. 3 seal, and the roof fall in front of that seal, as being in an area experiencing deterioration of roof and rib which makes the area impassible and, because of its remote location, would make rehabilitation extremely difficult and expensive. MSHA's investigators elaborated upon the condition by indicating that the roof and rib deterioration and roof and floor closure have reduced the travelway to the seals from the original entry size of 15.5 feet wide by 6.5 feet high to a travelway 3 to 4 feet wide by 3.5 to 5.5 feet high. The severity of deterioration is such that the roof fall cannot safely be cleaned up and the roof re-supported because there is no place to dispose of the material and heavy manual labor in such an environment is extremely hazardous. The alternative is to bring in mechanized equipment and rehabilitate a much larger area, regrading floor and/or taking down and rebolting roof. This can also be extremely hazardous work. It is therefore MSHA's belief that to rehabilitate the area and thereby allow compliance with the standard would be a diminution of safety to miners as compared to using the proposed alternative method (as amended by MSHA) of examining the No. 3 seal.
An uncorrectable deficiency of the proposed alternative method, whereby seal deterioration may not be detectible until the seal has failed, will not pose a significant hazard to miners under the alternative method as amended by MSHA because the sealed area vent bore hole prevents a pressurized build up of methane or oxygen deficient air behind the seals. Further, the close proximity of the Browns Run Shaft would immediately capture and remove from the mine the air released by a failed No. 3 seal.
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)(4) to its Shoemaker Mine.
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)(4) in the Shoemaker Mine is hereby:
GRANTED, for weekly examination of the No. 3 seal which has been rendered inaccessible and hidden from full visibility by fallen roof material and entry deterioration near Browns Run Shaft at a safe location, 20 feet outby the seal, conditioned upon compliance with the following terms and conditions:
1. Three monitoring stations which allow partial and indirect evaluation of the condition of the hidden and inaccessible No. 3 seal near Browns Run Shaft shall be established as follows:
a) A monitoring station 20 feet outby the No. 3 seal and in the blowing air stream ventilating that seal where methane and oxygen content of air at the seal shall be monitored as close to the seal as possible using a hand held detector and extensible probe. The examination at this location shall also include a hazard examination on the approach(es) to and at the monitoring station and the quality and quantity of air flow at the monitoring station.
b) A monitoring station in the old 1-North track entry one block outby the No. 2 seal, to monitor the air entering the aircourse used to ventilate the seals prior to ventilating the No. 3 seal shall be monitored for air quality and quantity.
c) A monitoring station on the west side and at the bottom of the Browns Run Shaft where the total air flow which has passed by the No. 3 seal shall be monitored for air quality and quantity. The measurement of air quantity and quantity at the monitoring stations in paragraphs 1.b) and 1.c) also serve to comply with the requirements of 30 CFR 75.364(c)(2 and 3) for the return aircourse and the No. 1, 2 and 3 seals.
2. A sign(s) showing the safe travel route(s) to the underground monitoring stations shall be conspicuously posted in an adjacent travel entry.
3. A weekly evaluation shall be conducted by a certified person at the monitoring stations. The evaluation shall include the quantity and quality of air entering or leaving the monitoring station and the quality of air at the seal using an appropriate, MSHA approved multi-gas hand held detector and extensible probe.
4. A diagram showing the normal direction of the air flow shall be posted at the 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.
5. The date, initial 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 also be recorded in a book kept on the surface and made accessible to all interested parties.
6. All monitoring station(s) and approaches to monitoring station(s) 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.
7. 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 or a decrease of 0.5 per centrum oxygen as compared to the last previous readings or a 10 percent change in air flow quantity shall cause an immediate investigation (to the extent practicable) of the affected area. The changes in air flow quantity and direction of air flow at any monitoring station shall be the basis of an evaluation to determine the condition of the No. 3 seal. Should airflow quantities increase at the Brown's Run Shaft to become significantly greater than at the old 1-North track entry, one or more of the mine seals (No.s 1 through 3) may be damaged or failed. Seals No. 1 and 2 can be physically examined and, if intact, any damage can be attributed to the No. 3 seal or in the stoppings creating the aircourse. This and other combinations of changes may require additional quantity and quality measurements be made in the accessible areas of the Brown's Run Shaft to determine the condition of stoppings and/or evaluate the effectiveness of ventilation in inaccessible locations. When needed to interpret the meaning of changes occurring at the monitoring stations listed in this PDO, additional measurements shall be made and the results recorded in the book kept on the surface used in complying with Paragraph 5.
8. The monitoring station location(s) and air quantity and quality measurements 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. New locations must provide a meaningful evaluation method.
9. Prior to implementing this alternative method, all mine personnel will be instructed that no travel 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.
10. 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 this 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 |
