On December 4, 1996, a petition was filed seeking a modification of the application of 30 CFR 77.1304(a) to Petitioner's Jacobs Ranch Mine, located in Campbell County, Wyoming. On February 3, 1997, the Petitioner filed an amended petition in which supplemental information was provided. On April 9, 1997, the Petitioner filed comments on MSHA’s Report of Investigation of the petition and included a revised amended petition.
The Petitioner alleges that the alternate method outlined in the final amended petition will at all times guarantee no less than the same measure of protection afforded by the standard.
This petition differs from other previous requests to allow used petroleum based lubrication oil to be mixed with fuel oil to sensitize ammonium nitrate and create a blasting agent. In this petition the petitioner proposes to utilize a continuous flow process which will ensure that the used oil is “on specification,” or recognized as suitable for recycling uses by state and federal environmental authorities. Previous requests for modification of the standard used a “batch process” which required testing of each full, used oil tank to ensure that the contents did not have prohibited levels of contaminates. Other safeguards are required for each batch of then recycled oil and fuel oil mixture (“blended oil”) under the “batch process.”
The “continuous flow process” has been proposed in this petition by Kerr-McGee and would require that the metered flow of used oil/recycled oil be sampled and tested for contaminants quarterly (at least four times per year, or at an interval not to exceed 90 days), or every 30,000 gallons, whichever results in more frequent sampling. In support of its petition, the Petitioner has submitted documentation that the state environmental protection agency has approved this method, known as the “product knowledge” method, of characterizing the filtered used oil for recycling purposes as “on specification.”. The product knowledge method assures that the used oils are similar to the original petroleum lubricating products used, and the method relies on the control of the sources of the used lubricating oils such that the quantities and types of used oils, the used oil chemical properties, and the techniques employed by the mine to protect against unintentional introduction of contaminants are known.
The product knowledge method of characterizing the used oil presumes that the quarterly or every 30,000 gallon test results are representative of the entire flow metered since the previous sampling. The Petitioner has submitted a history of sampling results upon which the state’s approval of the method was based. The petitioner also provided documentation that the use of on-specification “recycled oil” mixed with fuel oil and used to sensitize ammonium nitrate is an approved recycling use of used petroleum based lubricating oils.
The Petitioner proposes to collect used petroleum-based lubricating oils utilized to maintain the Jacobs Ranch Mine's mining equipment. The used oil would be strained and pumped into a used oil tank at the mine. The used oil tank will be kept thoroughly mixed, using a dried compressed air system, and strained used oil will be continuously added, mixed and withdrawn for use. Upon demand, used oil would be withdrawn, filtered and pumped to the blended oil tank. The filtered used oil would be periodically tested for contaminates based upon product knowledge as the means approved means by the state environmental protection agency to characterize the filtered oil for recycling uses. The metered flow of filtered, used oil (recycled oil), would be blended with a metered flow of No.1 or 2 diesel fuel in a blended oil tank and kept mixed using an aeration system. Samples of the blended oil for various percentage blends up to 50% recycled oil would be withdrawn and tested for viscosity, absorption and blasting cap sensitivity over the mine’s blasting operations temperature range. The blended oil would, upon demand, be pumped into the on-board tank of bulk mixing / ANFO loading vehicles. The bulk mixing / ANFO vehicles would transport the components of the blasting agent (blended recycled oil and fuel oil, and ammonium nitrate prill) for mixing and use at any of the mine's strip pits.
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 recommendations, this Proposed Decision and Order is issued.
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA investigators) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 77.1304(a).
MSHA’s investigation found that the petitioner has compiled a history of testing and on-specification compliance for the used oil. Consequently, the state environmental protection agency approved a product knowledge continuous flow method for characterizing the used oil as suitable for recycled oil uses. The investigation confirmed that the blending of filtered used oil (recycled oil), using the approved product knowledge, and periodic on-specification testing method, with fuel oil for sensitizing ammonium nitrate is one such recycling use accepted by the state and federal environmental protection agencies. MSHA concludes that the product knowledge method provides adequate assurance that the blended oil used to sensitize ANFO will result in an effective and safe blasting agent if appropriate viscosity, absorption and cap sensitivity tests are conducted, and the safety precautions required by MSHA are observed.
In order to reduce any possibility that the used/recycled oil has been contaminated and made unfit for use under this petition, MSHA has added terms and conditions which require immediate reporting of any test results outside the on-specification compliance requirements, immediate suspension of the use of the filtered used oil in the creation of a blasting agent, immediate investigation and reporting of the cause of the non-compliance test result(s) to the MSHA District Manager, and suspension of implementation of the petition while MSHA conducts an investigation into the need to amend or revoke the petition. In addition, MSHA has required documentation of the Petitioner’s continued approval by the appropriate state or federal environmental protection agency to use the product knowledge characterization method, and this documentation must be available for examination by MSHA inspection personnel. The withdrawal of approval by the state or federal environmental protection agency will be immediately reported to the MSHA District Manager, and the withdrawal of approval will result in the immediate suspension of this PDO.
On the basis of the petition and the findings of MSHA's investigation, the Kerr-McGee Coal Corporation is granted a modification of the application of 30 CFR 77.1304(a) to its Jacobs Ranch 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 Kerr-McGee Coal Corporation’s Petition for Modification of the application of 30 CFR 77.1304(a) at the Jacobs Ranch Mine is hereby:
GRANTED, for the collection, processing, and use of petroleum-based used oils, for blending with No. 2 diesel fuel (fuel oil), to sensitize ammonium nitrate prill and use of the resulting blasting agent-- ammonium nitrate and fuel oil (ANFO), conditioned upon compliance with the following terms and conditions:
1. This PDO shall be implemented only where the mine has current approval by the state or federal environmental protection agency for the use of product knowledge and periodic testing as the method of characterizing used petroleum-based lubricating oils as recycled oil. At the time of issuance of this PDO, the documentation of this approval consists of the Kerr-McGee letter dated March 21, 1997 to the Wyoming Department of Environmental Quality (WDEQ) requesting approval of their method of characterizing recycled oil, and the Wyoming Department of Environmental Quality / Solid and Hazardous Waste Division (WDEQ/SHWD) letter dated April 3, 1997 approving the company’s specification used oil sampling characteristic program.
The letters outlining the program and granting the approval shall be available for inspection by MSHA personnel and other interested parties. MSHA shall be immediately informed whenever the approval is modified or terminated, or the WDEQ ceases to have primacy in the area of solid and hazardous waste disposal.
For the purpose of interpreting the remainder of this PDO, “batch” shall be defined as the metered flow of filtered used oil, not to exceed 30,000 gallons or the amount of metered flow in a quarter year (the period of time not to exceed 90 days between sampling) whichever results in more frequent sampling. Each batch shall be sampled and tested at least once for contaminates and properties in Paragraph 6. The District Manager is authorized to require sampling and testing at a shorter interval or lesser quantity. The interval or quantity shall be reduced when the WDEQ/SHWD approval is modified to a shorter interval or quantity or where test results approach the limits set in Paragraph 6, and the District Manager determines more frequent testing is warranted.
2. Only petroleum-based lubrication oils, which are recycled from equipment at the Jacobs Ranch Mine shall be used for blending with fuel oil to create ANFO. No transformer oils shall be incorporated in the used oil. Provisions shall be added to the operating manual for the used oil / blending facility to ensure that the used oil is not contaminated with polychlorinate biphenyl (PCBs) or any other hazardous waste materials listed in 40 CFR Section 261. In addition, an annual test for PCBs of the recycled oils (filtered used oils) shall be made to ensure that the provisions are effective.
3. All petroleum-based lubrication oils used in mining equipment shall be tested twice during operation prior to their removal from the mining equipment. The test analyses shall demonstrate that the levels of contaminants do not approach the levels listed in Paragraph 6 of this PDO. Petroleum products with elevated halogen levels (halogen levels greater than the original / unused lubricating product), or any cleaning solvents (whether or not containing halogens) shall not be mixed with used oil. High viscosity oils of 90W or above shall be restricted to less than 10 percent of the total quantity of recycled oil in the strained used oil tank.
4. During the winter months when ambient temperatures are frequently below 32oF for extended periods, the mine may use No. 1 diesel fuel or varying mixtures of No. 1 and No. 2 diesel fuel for blending. At all other times the fuel oil used for blending shall be No. 2 diesel fuel.
5. The used oils shall be processed
through strainers before entering an aerator pipe equipped used oil storage tank. The out-flow of the used oil tank
shall be processed through filtering prior to entering the blended oil tank in which it will be mixed with fuel oil. The filters shall be checked once every 30 days and replaced or cleaned when necessary. This first stage filtering shall utilize two parallel systems each capable of removing all particulates 220 microns or greater in size. The filtration system for the used oil shall not be bypassed and there shall be no valving or bypass plumbing designed into the system. Filtered used oil (presumed to be on-specification and meeting the requirements of Paragraph 1 and 6) is hereinafter referred to as "recycled oil”.
6. The recycled oil shall be sampled and tested at the interval established in Paragraph 1 with the sample drawn from the system after passing through the 220 micron filters and before being mixed with fuel oil. The entire metered flow since the last sample was taken and the tests performed shall be considered a batch of recycled oil. Each batch of recycled oil, before blending with fuel oil, shall be tested in accordance with this paragraph to ensure that the recycled oil is within the following specifications:
| (1)
| Arsenic
| 5 ppm maximum
|
| (2)
| Benzene
| 25 ppm maximum
|
| (3)
| Cadmium
| 2 ppm maximum
|
| (4)
| Chromium
| 10 ppm maximum
|
| (5)
| Lead
| 100 ppm maximum
|
| (6)
| Total Halogens
| 1,000 ppm maximum
|
| (7)
| Flash point
| 100° F minimum |
Test results shall be reported and recorded to the nearest part per million or degree in order to provide a record of fluctuations in contaminates, and provide sufficient warning that the used oil may not be acceptable for blending with fuel oil. Pass/fail testing shall not be used. The flash point shall be verified using the open cup ASTM D1310-86 (reapproved 1990) method or the closed-cup ASTM D3941-90 method.
7. Any test result on the recycled oil which is above the specifications set in Paragraph 6 shall cause the operator to retest the batch immediately. Use of the recycled oil for blending with fuel oil shall be suspended during the retesting and while the reporting and investigations required by Paragraph 8 are conducted.
8. Any test result which is above the specifications set out in Paragraph 6 shall be cause for the immediate reporting of the test result(s) to the MSHA District Manager. The implementation of this petition shall be suspended while MSHA conducts an investigation into the cause for the high contaminant(s) level, and whether there is cause to amend or revoke the petition.
9. If the contaminant limits in Paragraph 6 are changed by MSHA or any other Federal agency after the effective date of this Proposed Decision and Order, the Petitioner shall submit an amendment to this petition to accommodate the new, changed limits or submit justification as to why an amendment would be unnecessary. This request shall be submitted to the Administrator for Coal Mine Safety and Health within 60 days after the effective date of the new contaminant limits.
10. The recycled oil shall be metered and mixed with not less than an equal volume of diesel fuel in a aerator pipe equipped storage tank. The blend of recycled oil and fuel oil shall hereinafter be called "blended oil." The contents of the blended oil tanks shall be thoroughly mixed using an aeration system. The compressed air used by the aeration systems in both the used oil tank and the blended oil tank must be dried three times prior to use.
11. The blended oil shall undergo additional filtration. A minimum of two filters in series shall be used in the second stage filtering system. Each filter shall be a minimum of 100 mesh, i.e., able to retain particles nominally larger than 149 microns. The filters used in both the first and second stage filtration systems shall be cleaned or replaced on a regularly scheduled basis, and whenever the filters become clogged to the extent that a pressure of 50 psi exists at the pump outlet. Pressure on the filtering systems shall be regulated by a pump which shall be set for a maximum 50 psi. The pumps shall be maintained in a functional condition when oil is in the system and shall regulate flow such that no oil passes into the blended oil tank or the on-board storage tanks of the bulk mixing / ANFO loading vehicles when a pressure of 50 psi is reached at the pump outlet. The filtration system for the blended oil shall not be bypassed and there shall be no valving or bypass plumbing designed into the system.
12. The strained used oil tank shall be checked at least weekly (at an interval not exceeding 7 days) to ensure that water or ethylene glycol is not present prior to filtering and blending with the fuel oil. Similarly, before blended oil is used, and every 30 days thereafter, the blended oil tank shall be checked to ensure that water or ethylene glycol is not present when mixing with ammonium nitrate. Any practical means can be used to perform the check, such as a sight tube or a sample valve on the tanks. If either water or ethylene glycol is observed, the strained used oil shall not be blended with fuel oil, and the blended oil shall not be pumped to the on board tanks of bulk mixing / ANFO loading vehicles until the mixture stratifies so that the ethylene glycol and/or water can be drained from the tank(s), and disposed of in the appropriate manner. MSHA's on-site inspection shall determine whether an acceptable method is provided to conduct the check.
13. The blended oil not exceed 50 percent (by volume) recycled oil.
14. The recycled oil shall be continuously mixed while being blended with fuel oil to ensure a through blending. The blended oil tank aeration system shall be operated for a length of time sufficient to ensure the equivalent mixing of recirculating at three times the total volume of the blended oil tank.
15. The blended oil shall not be modified by heating, addition of additives (with the exception of fuel oil), or in any other way that could change the relevant properties of the recycled or blended oil.
16. The flows of recycled oil and fuel oil, measured in gallons, shall be metered and controlled so as to maintain over time a consistent mixture within the blending tank, except where it is necessary to increase the proportion of fuel oil to reduce viscosity or increase absorption with the ammonium nitrate prill.
17. The blended oil shall be remixed within 24 hours of being discharged into any bulk mixing vehicle. This remixing shall be the equivalent of recirculating at least 25 percent of the total volume of blended oil in the storage tank. Mixing procedures shall ensure that two consecutive viscosity samples, taken at least 5 minutes apart, are within 10 percent of each other before being pumped to the onboard tank of any bulk mixing / ANFO loading vehicle.
18. For the purpose of this PDO and determining absorption, a “mixture” shall be defined as the relative proportion of recycled oil to fuel oil in the blended oil mixture, that is, 5% recycled oil / 95% fuel oil, 10% recycled oil / 90% fuel oil, etc., in 5% increments at a given temperature. These tests absorption as described in Paragraph 19, shall be repeated at 10 degree intervals over the temperature range for which the mine conducts blast hole loading operations to establish the corresponding viscosities and absorptions. Test results shall be recorded as outlined in paragraph 35.
19. An absorption test for each mixture of blended oil shall be performed, using a representative sample of ammonium nitrate, prior to bulk mixing with ammonium nitrate at the blast hole. Should the absorption test fail to show the ANFO to be at least six percent (6%) fuel oil by weight, additional fuel shall be added to the blended oil tank. The blended oil already on board bulk mixing / ANFO loading vehicle(s) shall be returned to the blended oil tank. The blended oil shall again be remixed and retested for meeting the absorption requirement before use.
20. The petitioner shall conduct tests in which the used oil or blended oil tank aeration system used for mixing is operated for increasing periods of time and samples drawn from the lowest to the highest fill depth of the used oil tank tested for viscosity. These tests shall be conducted at a near constant temperature of the tank contents. The length of aeration time (at a known compressed air pressure and flow rate) which results in the used oil through out the tank being the same viscosity shall be the equivalent to mixing by recirculation pumping. The test results shall be approved by the MSHA District Manager when accepted as establishing that the tank aeration system provides equivalent mixing to recirculation pumping.
21. When low temperatures cause the blended oil to become too viscous for proper absorption (at least 6 percent fuel by weight) in the ammonium nitrate prill, use of the blended oil shall be suspended. Viscosity tests and absorption tests at various temperatures may be performed to obtain their correlation with temperature. Once these correlations are obtained, they may be used to verify proper absorption. In the event proper absorption cannot be obtained as a result of high viscosity, additional fuel oil may be added to the blended oil and thoroughly mixed. A record of the quantities of fuel oil used in blended oil and any additional quantities added for the purposes of adjusting absorption and viscosity shall be kept as outlined in paragraph 35.
22. Each mixture of blended oil and ammonium nitrate prill shall be tested for sensitivity with a No. 8 strength detonator, as specified in Test 5(a) of "Recommendations on the Transport of Dangerous Goods, Test and Criteria" 2nd Edition, United Nations, 1990.
23. This sensitivity test shall be performed on at least three samples, each having minimum dimensions of 3-3/8 inches in diameter and 6-3/8 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.
24. The blended oil shall be transported and used in a closed system which prevents skin contact, inhalation of vapors, and ingestion of the ANFO products. Whenever persons may be exposed to vapors or contact with waste oil, recycled oil, blended oil, ammonium nitrate or the sensitized blasting agent, appropriate personal safety equipment shall be provided in accordance with 30 CFR 77.1710 and as described in the Material Safety Data Sheets referenced in paragraph 32.
25. The ammonium nitrate prill/blended oil mixture shall not be used in blasting operations in confined spaces or underground. The ammonium nitrate prill/blended oil mixture shall be used only at the Jacobs Ranch Mine property. The ammonium nitrate prill/blended oil mixture shall not be used in holes less than 9 inches in diameter.
26. Blasting records for each shot utilizing the ammonium nitrate prill/blended oil mixture shall be maintained and identified as a specific blended oil batch and the number of gallons of recycled oil consumed since the most recent testing for contaminants described in paragraphs 1 and 6.
27. Emulsions (heavy ANFO) shall not be used with the blended oil unless the manufacturer of the emulsion certifies compatibility of the emulsion and the blended oil. The certification document(s) shall be maintained at the mine property and be made available to MSHA or other interested parties upon request.
28. Misfires which occur when blended oil has been used to sensitize the blasting agent, shall be investigated to determine the cause of the misfire. The investigation results shall be reported to the MSHA District Manager within 5 working days.
29. The ammonium nitrate prill/blended oil mixture (blasting agent) shall not be stored. The Jacobs Ranch Mine shall utilize bulk ammonium nitrate trucks which meter and mix the blended oil and ammonium nitrate prill as it is loaded into the blast holes.
30. A lockout system shall be provided on all oil storage tank facilities used in this process to prevent unauthorized access. Only properly trained authorized personnel shall have keys to operate the lockout system. This condition does not apply to the exit gate valve during ANFO preparation.
31. Signs shall be provided at each used oil disposal site which detail the types of oil allowed to be disposed.
32. Material Safety Data Sheets for each of the used oils original constituents (petroleum-based lubricants), fuel oil(s) and ammonium nitrate shall be maintained on the mine property and made available to MSHA and miners' representatives upon request.
33. The oil filtering and blending facility shall not be put into operation until an on-site inspection is conducted by MSHA to ensure that the terms and conditions of this Proposed Decision and Order are being followed. Detailed drawings of the facilities, including product flow direction needed for this inspection shall be submitted to MSHA.
34. The operations manual shall be revised as needed to reflect the terms and conditions of this Proposed Decision and Order and any design changes resulting from the pre-operating inspection.
35. The following records shall be maintained for a period of 3 years and made available to MSHA and miners' representatives upon request:
- Paragraph No. 2 - results of the annual tests for presence of PCBs in the used oil;
- Paragraphs Nos. 5 and 11 - dates and description of all filter cleaning and replacement activities;
- Paragraph Nos. 6 and 7 - sampling date and test results in ppm, flashpoint in degrees Fahrenheit;
- Paragraphs Nos. 16, 17, 18, 19, 20 and 21 - blend mix ratio of fuel oil to recycled oil and the absorption test results, test date, quantity in gallons of each batch ingredient, and viscosity test results;
- Paragraph Nos. 22 and 23 - sensitivity test results, including whether or not the sample detonated;
- Paragraph No. 26 - "load" and "shot" reports - these records shall note the date(s) of loading and blasting, quantities of ANFO or emulsions used, including the date and number of gallons of recycled oil used since the last test results of paragraph No. 6, weather conditions, detonation methods, size and depth of all borehole(s), number and location within the shot of all boreholes and all misfires, and the use of plastic hole liners;
- Paragraph No. 28-- a record of misfires which occurred when using blended oil, the results of the investigation into the cause of the misfires, and the method and date of reporting to the MSHA District Manager shall be maintained; and
36. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions to its approved 30 CFR Part 48 training plan to the District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the conditions stated in 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
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