On January 5, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Camp No. 1 Mine, located in Union County, Kentucky. 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.
Petitioner's proposed alternative method is to replace weekly examination of the inaccessible 4th Panel West seals with weekly examinations at two monitoring stations. The proposed monitoring stations are the locations at which a certified person will determine the airflow quality and quantity upwind and downwind of the four inaccessible mine seals.
MSHA's investigation of the petitioned area found that the proposed alternative method would monitor air which could be diluted by return air which had not passed in front of the inaccessible mine seals and, therefore, would not be representative of the air ventilating the inaccessible seals.
In addition, the proposed downwind monitoring station had an appreciably greater quantity of air than the upwind location suggesting that the inaccessible stoppings directing the airflow may be damaged and that the return entry downwind of the seals is more deteriorated than the map indicates. MSHA concluded that changes to the permanent ventilation controls and the proposed downwind monitoring station location (making one existing regulator a stopping, making an existing stopping a regulator, moving the downwind monitoring stations further downwind, and the construction of two additional stoppings) were required for the proposed monitoring of air quality and quantity to provide a meaningful alternative to visually examining the seals and taking gas checks at each seal. However, making the required ventilation changes will create an identifiable and separate return air split through which roof falls preclude safe travel by persons conducting examinations. Therefore, this petition is being treated as a request for modification of 30 CFR 75.364(b)(2 and 4) and (c)(3).
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, the petition amendment and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b)(2 and 4) and (c)(3) 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 has determined that travel to examine individual mine seals is a diminution of safety for the mine examiners and that the rehabilitation of the area would be hazardous to miners performing such work. The locations established by MSHA in this PDO with the additional ventilation controls as located by MSHA, are representative of the air flow ventilating the inaccessible mine seals. The monitoring of air entering and leaving the inaccessible return aircourse entry through weekly examinations at the monitoring stations, and the use of continuous monitoring of the mine atmosphere ensures an adequate evaluation of the condition of the inaccessible mine seals. The alternative method as amended by MSHA will also detect further reductions in air flow due to roof falls and out-gassing from the mine seals due to barometric fluctuations or seal deterioration or failure.
On the basis of the petition and the findings of MSHA's investigation, Peabody Coal Company is granted a modification of the application of 30 CFR 75.364(b)(2 and 4) and (c)(3) to its Camp 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 Peabody Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(2 and 4) and (c)(3) in the Camp No. 1 Mine is hereby:
GRANTED, for continuous monitoring using intrinsically safe sensors installed as part of the mine's Atmospheric Monitoring System (AMS) and weekly evaluation of air entering and leaving approximately 900 feet of return aircourse which ventilates the inaccessible 4th Panel West Mine seals and an inaccessible portion of the North Main return aircourse, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations that allow evaluation of the aircourse ventilating inaccessible mine seals shall be established at the following locations:
(a) One monitoring station where air enters the inaccessible area, in the crosscut between entries Nos. 1 and 2 in North Main (even with haulage route marker 119+60 in entry No. 5 and at the location identified by Petitioner as monitoring station 996). AMS sensors to monitor methane and oxygen concentrations are required to be used at this monitoring station.
(b) One monitoring station where air leaves the inaccessible area, in the entry No. 3 of North Main (even with haulage route marker 111+75 in entry No. 5 and at the location 8 blocks or approximately 600 feet south of the location identified by the petitioner as monitoring station 995 and between crosscuts 162 and 163 as identified by the investigation report). AMS sensors to monitor methane and oxygen concentrations are required to be used at this monitoring station.
(c) Where AMS sensors are required, they shall be located such that the air flowing over the sensor is representative of the air flowing through the inaccessible common intake entries.
2. An identifiable return air split, representative of the air ventilating the inaccessible mine seals, shall be created in the North Main by:
(a) constructing permanent ventilation controls (two concrete block stoppings) in the Nos. 1 and 2 entries between crosscuts Nos. 162 and 163 even with haulage route marker 111+75:
(b) constructing a permanent ventilation control (concrete block stopping) in the No. 1 entry (replacing an existing regulator) and construct a regulator in No. 3 entry (replacing an existing stopping with a man door), both even with haulage marker 120+00.
3. A certified person shall:
(a) Examine for hazardous conditions at the monitoring stations. The examination shall be conducted at least every 7 days and include:
(i) examining for hazards on the approaches to and at the two monitoring stations;
(ii) visually examining the AMS sensors;
(iii) evaluating and measuring the quality and quantity of air entering or leaving the monitoring stations. 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. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for a return aircourse. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity at any monitoring station shall cause an immediate investigation of the affected area.
(iv) determining if the air being continuously monitored is representative of the air moving through the common return aircourse entries by comparing the petitioned aircourse measurements to previous measurements and to air quality and quantity measurements for the adjacent, parallel return entry. Reduced air flow in the petitioned aircourse and increased airflow in the adjacent aircourse indicates whether additional roof falls or further roof deterioration is choking off airflow in front of the inaccessible 4th Panel West mine seals; and,
(b) Determine, from the AMS surface location readouts, the oxygen and methane concentrations from the sensors located at the monitoring stations. This determination shall be made daily, within 3 hours preceding the first operating shift, and before anyone on that shift, including certified persons, enters the petitioned area or any underground area ventilated by the air that has ventilated the inaccessible common return entries of North Main and the inaccessible 4th Panel West Mine seals.
(c) Record the results of each weekly examination and each daily determination of the air quality required by Paragraphs 3(a) and (b) in a separate book on the surface which shall be made available to all interested parties. The certification, record keeping, and retention period requirements of 30 CFR 75.364(g), (h), and (i) shall be met.
4. The date, initials of examiners, time, and results of the weekly examinations shall be recorded in a book or on a date board, that shall be provided at the monitoring stations.
5. An AMS meeting the minimum requirements of 30 CFR 75.351 shall be used to continuously monitor methane and oxygen concentrations. Sensor signals for each of the monitored gases shall activate alarms at the surface location and any affected working sections and any other affected permanent underground locations where miners are scheduled to work or travel. Oxygen and methane sensors shall be tested and calibrated in accordance with 30 CFR 75.351(f) and the manufacturers' instructions. Manufacturers' information concerning the calibration and accuracy of the sensors used shall be submitted to the District Manager as a part of the mine ventilation plan.
6. The AMS monitoring sensors for methane and oxygen shall be capable of providing both visual and audible signals.
(a) A visual or audible alert signal shall be activated at the following initial levels:
| Oxygen |
19.9% |
| Methane |
0.5% |
(b) An audible and visual alarm signal shall be activated at the following initial levels:
| Oxygen |
19.5% |
| Methane |
1.5% |
(c) In lieu of the above alert and alarm levels, the District Manager is authorized to require lower alert and alarm levels.
7. The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revised to specify the action to be taken to determine the cause of the alert and alarm signals, the location(s) for withdrawal of miners for each alarm signal, the steps to be taken after the cause of an alert signal is determined, and the procedures to be followed if an alarm signal is activated. Such revisions shall be approved by the District Manager. The determination as to the appropriate response to alert and alarm signals generated by oxygen sensors shall be subject to the District Manager approval in the mine's 30 CFR 75.1101-23 program of instruction. The response to methane sensor alert and alarm signals is dictated by 30 CFR 75.323(b). A record of each alert and alarm signal given and the action taken shall be maintained at the mine for a period of 1 year.
8. Any time the District Manager determines that changes are necessary to ensure the air flowing over the monitoring stations is representative of the air flow ventilating the inaccessible return aircourse and inaccessible mine seals, changes shall be made through the mine ventilation plan approval process. Such changes may include:
(a) relocation of monitoring stations or adding monitoring stations should further roof deterioration render the present locations no longer representative of the air flow ventilating the inaccessible mine seals;
(b) the installation of additional temporary or permanent ventilation controls or increasing the restriction of the regulator described in Paragraph 2(c), to force air in front of the inaccessible mine seals and across the AMS sensor equipped monitoring stations to meet the 5,000 cfm minimum airflow requirement;
(c) the elimination of continuous monitoring using AMS sensors where a minimum 50 fpm of air flow velocity across the sensors can not be ensured and establishing daily examinations, including gas checks using MSHA approved hand-held multi-gas detectors, and measuring air quantity using appropriate and calibrated anemometers at the monitoring stations; or
(d) where the District Manager determines that the above changes to the terms and conditions cannot provide assurance that the 4th Panel West seals are intact and effectively isolating the sealed area from the active area of the mine, other actions may be required. Those actions may include any rehabilitation necessary to gain access to the seals or the construction of new mine seals which isolate the failed seals within a larger sealed area while action to revoke this PDO is taken pursuant to 30 CFR 44.52.
9. The permanent ventilation controls, monitoring stations and atmospheric monitoring system sensor locations shall be shown on the annual mine ventilation map submitted in accordance with 30 CFR 75.372.
10. All monitoring stations and sensor locations and approaches to both stations and sensors shall, at all times be maintained in 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.
11. A sign showing the safe travel route to each monitoring station shall be conspicuously displayed in the main intake haulage entry.
12. A diagram showing the normal direction of the air current flow in this area shall be posted at each monitoring station. Such diagram shall be maintained in a legible condition and shall show the cross sectional area to be used in calculating air quantities. The diagram shall provide notice to mine examiners that any change in air quantities resulting in air flow at AMS sensors falling below 5,000 cfm shall be reported to the mine foreman for immediate investigation and the results of that investigation shall be immediately reported to MSHA.
13. Prior to implementing this alternative method, all mine personnel will be instructed not to travel into petitioned aircourses except along designated routes 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. Mine examiners and persons assigned to work in the vicinity of the petitioned area, and in the return down wind of the petitioned inaccessible seals, shall be instructed in the potential explosion and asphyxiation hazards associated with the out-gassing from damaged or failed mine seals, and alerted to the ignition sources of the nearby belt and haulage entries.
14. Prior to implementing this PDO, an inspection shall be conducted by MSHA to ensure that the terms and conditions of this PDO have been complied with and that the miners have been trained in proper evacuation procedures, including instructions and drills in evacuation.
15. Within 60 days after this PDO 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 specify initial and refresher training regarding the conditions specified by the PDO.
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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
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