Skip to content
In the matter of                                                                
Keystone Coal Mining Corporation
Urling No. 1 Mine
I.D. No. 36-04852 		Petition for Modification


Docket No. M-96-122-C


Date Issued: 11/26/1997

PROPOSED DECISION AND ORDER

On September 16, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's Urling No. 1 Mine, located in Indiana County, Pennsylvania. 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.

Specifically, the petitioner alleges that the deteriorated roof conditions and roof falls in the intake aircourse between the aircourse’s connection with sealed section 002 Mains and the 2 Right seals make the weekly travel of that portion of the aircourse hazardous for the mine examiner. In addition, the petitioner alleges that because the aircourse is not used to ventilate any active working section, there is no high voltage in the area, the aircourse is not a designated escapeway and no miners or supplies travel through the area other than the mine examiner, the proposed weekly evaluation of the air entering and leaving the area at two designated monitoring stations will provide 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.

Finding of Fact and Conclusion of Law

Application of 30 CFR 75.364(b)(1) 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.

MSHA’s investigators found approximately 800-ft. of the three common intake air entries of the West Extension area of the mine to have numerous roof falls, severely deteriorated roof, and to be unsafe for travel. The investigation confirmed that the air flow is sufficient to ventilate the mine seals and had not ventilated nor is being used to ventilate a working section. The investigation further, confirmed that the mine seals at the OO2 Mains are of relatively recent construction, in good condition and accessible for examination as required by 30 CFR 75.364(b)(4). Also, the sealed area created by the seals is vented to the surface by a pressure relief borehole. Electrical installations and belt conveyor system in the area are separated from the petitioned air course by a stopping line. That stopping line also separates sumps and pump installations from the petitioned aircourse MSHA’s investigators also found the air flow quantity to increase dramatically between the monitoring station/”check points” where air enters the segment near survey station No. 51 and where it leaves near survey station No. 204. This can only be attributable to the use of check curtains in two of the three common entries at each end of the petitioned aircourse segment to direct the air across the monitoring stations.

For these reasons, MSHA has amended the operator’s proposed alternative method to include requirements to replace temporary ventilation controls (check curtains) with permanent controls (stoppings), or to examine the check curtains weekly, to make weekly examinations of the stopping line separating the aircourse from electrical ignition sources, to take precautions against water accumulations in the petitioned area, and to prohibit air flowing through the area from ever being used to ventilate any active working section, or any permanent duty station, such as an underground maintenance shop, underground warehouse area or track spur, or where electrical equipment is used.

On the basis of the petition and the findings of MSHA's investigation, Keystone Coal Mining Corporation is granted a modification of the application of 30 CFR 75.364(b)(1) to its Urling No. 1 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 Keystone Coal Mining Corporation’s Petition for Modification of the application of 30 CFR 75.364(b)(1) in the Urling No. 1 Mine is hereby:

GRANTED, for the evaluation of airflow through an approximately 800-ft. long, unsafe to travel, segment of three common intake aircourse entries of the West Extension area, conditioned upon compliance with the following terms and conditions:

1. Two monitoring stations which allow effective evaluation of the air entering and leaving the unsafe to-travel segment of the intake aircourse, consisting of the common Nos. 6, 7 and 8 entries of the West Extension area, shall be established at the following locations:

(a) In the No. 8 entry, approximately 100 feet south east of survey Station No. 53, to monitor air entering the unsafe-to-travel segment of the aircourse. (Attachment-map, Exhibit A, Checkpoint-1)

(b) In the No. 6, entry approximately 100 feet south east of survey station No. 188, to monitor air leaving the unsafe-to-travel segment of the aircourse. (Attachment-map, Exhibit A, Checkpoint-2)

2. The temporary ventilation controls (check curtains) which divert air from the common entries into the entry in which monitoring stations are located, shall be examined weekly or shall be constructed as permanent ventilation controls (stoppings) meeting the construction requirements in 30 CFR 75.333. In addition, the air flowing through the petitioned aircourse shall not be used to ventilate any working section, or any permanent duty station, such as an underground maintenance shop, underground warehouse area or track spur, or where electrical ignition sources exist.

3. Weekly evaluations shall be conducted by a certified person at each of the monitoring stations. Each evaluation shall include measurement of the quality and quantity air entering or leaving the monitoring station. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall be measured with a low speed anemometer or chemical smoke tubes where the quantity is lower than an anemometer can measure. The weekly examination shall include an examination for hazards along the route(s) of travel to the monitoring stations and at the monitoring stations. Mine examiners and belt examiners for the West Extension area shall be alert to indications of water accumulation and immediately report any indications of water which may accumulate in the inaccessible, petitioned area.

4. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.

5. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for intake air. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity shall cause an immediate investigation of the affected area. Any significant difference in the quantities of air flow at or between the two monitoring stations shall cause immediate investigation of the condition of stoppings separating the petitioned aircourse segment from the adjacent belt entry; the stoppings installed to replace the check curtains; or the check curtains as described in Paragraph 2 and 002 Mains seals.

6. A diagram and/or enlarged map 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 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.

8. 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. Precautions shall be taken to ensure that water accumulations shall not impede air flow or travel to the monitoring stations.

9. The monitoring station locations and representative air quantity and quality measurements for each monitoring station location shall be shown on the annually submitted mine ventilation map (30 CFR 75.372). Station locations shall not be moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.

10. Prior to implementing this alternative method, all personnel shall be instructed that no travel into the petitioned aircourse segment shall be permitted and all other approaches shall be fenced off or barricaded with "Do not enter" warning signs. Entry into the area shall be permitted only to investigate and correct significant problems with air flow detected through the monitoring process. All such work shall be done under the supervision of an authorized person. All persons who work in the area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.

11. 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