In the matter of
Arch of Illinois
Conant Mine
I.D. No. 11-02886
| Petition for Modification
Docket No.M-96-194-C
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Date Issued: 05/29/1998
PROPOSED DECISION AND ORDER
On December 16, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.333(b)(3) to Petitioner's Conant Mine, located in Perry County, Illinois. The petition was modified on March 3, 1997, to include 75.333(b)(4) under the petition. The petition is specific to a unique mining system developed by the petitioner and referred to as the Archveyor system. The Archveyor system includes, as a unit, the stageloader, the continuous haulage conveyor, the continuous mining machine, and when used, a bolter car.
An on-site investigation was conducted by MSHA and a report of the investigation results was received on March 3, 1997. Comments were received from the miner’s representative on various aspects of the Archveyor system. Studies of various aspects of the Archveyor system have been conducted by NIOSH both in the mine and under laboratory conditions.
The Agency has reviewed and considered all pertinent information available in developing this Proposed Decision and Order.
Finding of Fact and Conclusion of Law
The petitioner alleges that by altering the design section ventilation and by limiting access to the Archveyor system, application of the standard would result in a diminution of safety to the miners. The petitioner further alleges that the proposed alternative method will at all times guarantee no less than the same measure of protection as the standard.
The petition would permit use of the Archveyor system in a retreat mining mode referred to as “winging.” In this application, a panel of coal is developed similar to the development of a panel for a retreating longwall. Once developed, however, retreat would be conducted using the remotely controlled Archveyor system wherein successive diagonal cuts would be made completely across the panel. The Archveyor system would include three methane detection devices near the face and a blowing ventilation tube carried on the Archveyor system, discharging near the face. A web, or rib, of coal several feet in width is left between each wing cut. As successive wing cuts are developed, the webs are designed to crush, resulting in a panel gob area similar to a longwall gob.
The investigation report develops and discusses factors associated with section ventilation using the Archveyor system. The investigation report also indicates that daily methane liberation at the mine is approximately 200,000 cubic feet.
Section 30 CFR 75.333(b)(3) and (b)(4) generally require that permanent stoppings be built and maintained to separate the belt entry from intake aircourses and from the primary escapeway. When continuous haulage is used the unmodified standard requires that stoppings be maintained to the outby most point of travel of the dolly or 600 feet from the point of deepest penetration, whichever is less. The standard is intended to protect and ensure the integrity of the intake aircourse and primary escapeway in the event of a fire in the belt haulage entry. The alternative method, as stipulated, provides equivalent protection through an additional carbon monoxide sensor attached to the atmospheric monitoring system, and through use of ceramic curtains which are either in place or which can be dropped rapidly in the event of a fire or alarm of the monitoring system.
The alternative method proposed by the Petitioner together with the following terms and conditions will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.333(b)(3) and (b)(4).
On the basis of the petition and the findings of MSHA's investigation, Arch of Illinois is granted a modification of the application of 30 CFR 75.333(b)(3) and (b)(4) to its Conant 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 Arch of Illinois's Petition for Modification of the application of 30 CFR 75.333(b)(3) and (b)(4) in the Conant Mine is hereby:
GRANTED, for application only to the Archveyor system (i.e. stageloader, system conveyor, continuous mining machine, and bolter car if used), conditioned upon compliance with the following terms and conditions:
1. When the Archveyor system is used, permanent stoppings or other permanent ventilation control devices separating the belt/continuous haulage entry from the intake and primary escapeway entries shall be built and maintained to a point not to exceed 900 feet from the point of deepest penetration in the conveyor belt entry or to a distance from the point of deepest penetration in the conveyor belt entry not to exceed 1.6 times the length of the Archveyor system, whichever distance is less.
2. Ceramic fire resistant check curtains, described by Steven J. Luzik in “MSHA Develops New Fire-Resistant Check Curtains,”
Coal magazine, pages 102-104, (June 1993), or equivalent, attached as part of this modification, shall be installed in the crosscuts inby the permanent stoppings to the location required by unmodified 30 CFR 75.333(b)(3) and (b)(4). One curtain may be rolled up with a provision to drop the curtain rapidly in the event of an emergency such as a fire or alarm of the atmospheric monitoring system. The other curtains shall be kept rolled down when the opening is not needed for ventilation or for machinery access through the crosscuts. All personnel assigned to the section shall be instructed on the proper use of the curtains.
3. An additional carbon monoxide sensor shall be added to the existing mine wide atmospheric monitoring system required by the modification of 30 CFR 75.350, Docket No. 94-157-C, which shall be located in the adjacent entry common with the belt entry in which the control cab is located. This sensor shall be maintained and operated in compliance with the terms and conditions set out in the modification of 30 CFR 75.350. Responses to alerts or alarms shall be the same as required by the modification of 30 CFR 75.350.
4. A two-way communication system shall be maintained at all times between the transformer/control cab area and a manned surface location. No wing cut shall be started unless such a communication system is operating properly.
5. Prior to implementation, personnel assigned to the section where the Archveyor system operates shall be instructed in the requirements of this modification. Within 60 days after this modification becomes final, the Petitioner shall submit any necessary proposed revisions for its approved 30 CFR 48 training plan to the District Manager. These revisions shall specify initial and refresher training regarding compliance with the conditions specified by this modification.
6. Prior to implementing this modification and beginning the initial wing cut, the Archveyor system shall be inspected by MSHA and determined to be in compliance with the terms and conditions of this modification. MSHA shall be given at least 5 working days notice to conduct the initial compliance inspection of the Archveyor system.
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.
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Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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