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 or 2) in the Robinson Run No. 95 Mine is hereby:
GRANTED, for the "North Mains" aircourse ventilating eight 1-East seals, two 26-Block seals and six of eighteen 3-Block seals, conditioned upon compliance with the following terms and conditions:
1. Three monitoring stations, which allow effective evaluation of the air flow in the inaccessible aircourse between block No. 38 immediately after ventilating the last 1-East seal to block No. 6 immediately prior to ventilating the first 3-Block seal, shall be established at the following locations:
(a) In the entry immediately prior to ventilating the first 1-East seal at block No. 43 (identified as the 1-East seals check point in the petition investigation report) to monitor the air entering the air-course.
(b) In the crosscut at block No. 25 where the aircourse jogs around well No. 320 to monitor the air after ventilating the 26-Block seals so as to monitor the condition of ventilation controls by monitoring leakage.
(c) In the Main North No. 9 entry between crosscuts Nos. 3 and 4 (identified as the 3-Block seals check point in the petition investigation report) to monitor air leaving the aircourse.
2. Permanent ventilation controls (stoppings) shall be constructed in the Main North entries Nos. 9 and 10, immediately inby crosscut No. 25 to ensure that all air flowing in the aircourse passes through the monitoring station referenced in Paragraph 1(b).
3. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry.
4. Similar signs for safe travel routes to 1-East seals, 26-Block seals and the 3-Block seals shall also be provided in adjacent travel entries. These seals shall continue to be examined weekly in accordance with 30 CFR 75.364. Special attention shall be given to providing and maintaining adequate roof support by roof bolts or other suitable means to prevent further deterioration of the roof on the approach and in the vicinity of the single accessible seal.
5. Weekly 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 air quality measurements shall be made using an MSHA approved hand-held methane and oxygen meter. The evaluation shall also include calculations required by
Paragraph 11.
6. 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.
7. The certified person making the weekly evaluation shall certify by initials, time and date on a date board or in a book to be maintained at each monitoring station that the evaluation was made. The measured quantity and quality of air shall also be recorded at each monitoring station.
8. At the completion of any shift during which a portion of the weekly evaluation is made, a record of the results and location of air measurements and tests shall be made in a book kept on the surface and made available to all interested parties. The record shall be made by the certified person making the evaluation or a person designated by the operator and shall be countersigned by the mine foreman. If the record is made by a person other than the certified person, the certified person shall verify the record by initials and date. This record shall also include the results of calculations required in Paragraph 11 and the findings of investigations and any necessary corrective actions, where applicable, required by Paragraph 10.
9. All monitoring stations, approaches to monitoring stations and access to the seals along the aircourse 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.
10. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for an intake aircourse or, if appropriately designated by the mine operator and approved by the District Manager, for a return aircourse. An increase of 0.5 percent 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.
11. During the first evaluation following implementation of this Decision and Order, a baseline calculation of the discrepancy between the air quantity entering and exiting the affected aircourse, as measured at the monitoring stations, shall be made. During each subsequent evaluation, the discrepancy between the air quantity entering and exiting the affected aircourse shall be calculated weekly and recorded in the book referred to in Paragraph 7. A 10 percent change from the baseline calculation results shall cause an immediate investigation to determine the cause of the change. Where changes from the baseline are not solely the result of deliberate mine ventilation changes affecting the pressure differential between the affected aircourse and the adjacent aircourse(s), the investigation shall include examination of accessible permanent ventilation structures. Damaged stoppings and other ventilation structures shall be repaired or replaced as required by 30 CFR 75.333. This evaluation shall be made separately for the aircourse segment between 1-East seal and 26-Block seals and the aircourse segment between 26-Block seals and the 3-Block seals. Where the change from the baseline is solely the result of deliberate mine ventilation changes, a new baseline calculation shall be established.
12. The monitoring station locations and representative air quantity and quality measurements at each of the monitoring stations 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. The District Manager shall evaluate the proposed ventilation changes so that the evaluation method outlined in the terms and conditions of this proposed decision and order remain effective.
13. Prior to implementing this alternative method, all mine personnel shall be instructed that no travel into the petitioned segment of the Main North intake aircourse or, if properly designated and approved by the District Manager, 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.
14. 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
|
