Mine Safety and Health Administration (MSHA) - Petitions for Modification - Finalized Petitions: Consolidation Coal Company Shoemaker Mine I.D. No. 46-01436 Docket No. M-96-193-C 30 CFR 75.364(b)(2)

In the matter of
Consolidation Coal Company
Shoemaker Mine
I.D. No. 46-01436

Petition for Modification

Docket No. M-96-193-C

Date Issued: 01/07/1998

PROPOSED DECISION AND ORDER

On December 16, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's Shoemaker Mine, located in Marshall County, West Virginia. 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.

The petitioned aircourse segment is approximately 4,025 feet of the Main East returns which have become unsafe for mine examiners to travel. There are five, dropping to four, common entries which have experienced severe roof and rib deterioration and roof falls such that not even one entry can be traveled in its entirety through the petitioned segment.

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)(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.

MSHA’s investigation confirmed that the petitioned area had been developed with appropriate consideration for roof support in a long life area. However, the deterioration of the roof, roof falls and deteriorated ribs has resulted in conditions hazardous for mine examiners to travel through the area. In addition, the investigation concurred that rehabilitation of the area would be extremely hazardous and that with the addition of two monitoring stations an effective evaluation method could provide an effective alternative means of examination.

The investigation also established that the air entering the area first ventilates the 5 North seals and that out-gassing from those seals, either during rapid drops in barometric pressure or should seal deterioration occur, could introduce methane and oxygen deficient air into the petitioned aircourse. The presence of the track rectifier (as a potential ignition source should methane migrate into the petitioned area), the potential for further reductions in the airflow through the area due to additional roof falls causing lower velocity airflow and increased potential for accumulations in inaccessible roof fall cavities, and consideration of the potential for releases of methane or oxygen deficient air resulted in MSHA requiring daily and preshift examinations at monitoring stations. The more frequent examinations provide earlier detection of a developing hazard. The preshift examination at the rectifier is required for electrical installations under 30 CFR 75.360(b)(9) with this Proposed Decision and Order adding the requirement to check the quality and quantity of air entering the petitioned aircourse segment (approximately 4,025 feet of Main East Returns) after having ventilated the rectifier. Therefore, the petitioner's proposed alternative method has been amended by MSHA to provide for early detection of further deterioration, reduced air flow, or out-gassing from seals creating accumulations and potential fire or explosion hazards associated with ventilating electrical installations to an aircourse which can not be physically examined.

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)(2) to its Shoemaker 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 Consolidation Coal Company’s Petition for Modification of the application of 30 CFR 75.354(b)(2) in the Shoemaker Mine is hereby:

GRANTED, for the unsafe-to-travel 4025-foot segment of the Main East Returns near Seabright Air Shaft, conditioned upon compliance with the following terms and conditions:

1. Four monitoring stations which allow effective evaluation of the air entering and leaving the unsafe- to-travel segment of the return aircourse shall be established at the following locations:

(a) In the connecting crosscut between Main East Intakes and Main East Returns near survey station No. 167+46.67 to monitor air entering the unsafe- to-travel segment of the aircourse. (Attachment map, Exhibit A MSHA, Check Point N)

(b) In the connecting crosscut between Main East Intake and Main East Return or in the regulator controlling airflow ventilating the electrical installation/track electrical trolley rectifier near survey station No. 162+06 to monitor air entering the unsafe-to-travel segment of the aircourse. (Attachment map, Exhibit A MSHA, Check Point O)

(c) In the crosscut 50 feet north of No. 54 seal at 3 South off of Main East Returns to monitor air quality for air leaving the unsafe-to-travel segment of the aircourse and prior to ventilating the seals. (Attachment map, Exhibit A MSHA, Check Point M)

(d) In the regulator near survey station No. 132+05 located in the crosscut between seals Nos. 55 and 56 at 3 South off of Main East Returns to monitor air leaving the unsafe-for-travel segment of the aircourse. (Attachment map, Exhibit A MSHA, Check Point L.

2. Daily evaluations shall be conducted by a certified person at each of the monitoring stations (Check Points L, M, N and O). The 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 made using an appropriately calibrated anemometer. Only air quality shall be measured at the Check Point M for comparison with Check Point L in evaluating whether the 3 South seals are out-gassing or the petitioned aircourse is a contributing source of any gases detected. Preshift evaluations shall be conducted by a certified person at the monitoring station (Check point O) which is also the location of an electrical installation subject to preshift examination under 30 CFR 75.360(b)(9). Such preshift evaluations shall include the measurement of air quality and quantity as described for daily evaluations above.

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

4. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for return. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity shall cause and immediate investigation of the affected area. Any significant difference in the quantities of air flow at the monitoring stations or in the sum of the air flow quantities entering the petitioned aircourse segment at Check Points O, M and N, as compared to Check Point L where it exits the area, shall cause immediate investigation of the condition of stoppings which create the aircourse. Those stoppings which prevent airflow over the old 3 South overcasts one block north of Check point L, the stoppings in the entries of Main East return directing the airflow to Check Points M and L nearest the monitoring stations and the stoppings in the connecting crosscuts between Main East Intakes and Main east returns (approximately 10 in total) shall be examined and repaired to restore the air flow balance between air entering and leaving the petitioned area. If stoppings are inaccessible for examination or repair and the balance cannot be restored, additional evaluation points may be required. Relocation or additional monitoring stations shall be proposed and approved as described in Paragraph 8.

5. 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.

6. 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 separate book kept on the surface kept for the purpose of recording the preshift and daily examinations required by this Proposed Decision and Order and made accessible to all interested parties.

7. 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 roof falls and restrictions shall not impede air flow or the travel to the monitoring stations. Should air flow through the petitioned area dramatically decline, the reduced ability of airflow velocity to keep high place/roof fall cavities free of accumulations of methane, possibly out-gassed from sealed areas, shall cause alternative ventilation of the rectifier or relocation of the rectifier currently at Check Point O. Similarly, if monitoring stations become inaccessible and the petitioned area can no longer be effectively evaluated, the aircourse shall not continue to be used in the ventilation of the rectifier.

8. The monitoring stations 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 added or moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.

9. 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 provision of 30 CFR 751101-23 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 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