On January 5, 1999 a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) 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.
Specifically, the petitioner alleged that massive roof falls and severe deterioration of the roof have rendered approximately 1,600 feet of the return aircourse, used in ventilating Main North, 1st SubMain East's nine mine seals and other mine areas, unsafe for the mine examiners to travel even one entry in its entirety. The petitioner proposed to make weekly air quality and quantity measurements at four evaluation points approximately 1,600 feet apart to monitor all of the air entering and leaving the inaccessible, unsafe-for-travel return aircourse 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 found the length of the massive roof falls to be approximately 900 feet along the route originally traveled by the examiner. In addition, the investigator confirmed by telephone that two, and in some locations, all three adjacent common return entries are also severely deteriorated, and that the petitioned aircourse segment is unsafe to travel and would be difficult and hazardous to rehabilitate. The investigation report, with an attached drawing, recommended elimination of one monitoring station, the construction of two stoppings and the relocation of the remaining three monitoring stations such that the entire airflow entering and leaving approximately 1450 feet of the Main North return can be effectively monitored.
On the basis of the petition and the findings of MSHA's investigation, Peabody Coal Company Inc. is granted a modification of the application of 30 CFR 75.364(b)(2) 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) in the Camp No. 1 Mine is hereby:
GRANTED, for the evaluation of airflow through an approximately 1,450-foot long, unsafe-to-travel segment of common return aircourse entries in Main North, conditioned upon compliance with the following terms and conditions:
1. Three monitoring stations which allow effective evaluation of the air entering and leaving the unsafe- to-travel portion of the return aircourse in Main North near the exhaust shaft bottom, an approximately 1,450-foot long segment of return aircourse used to return air having ventilated the 1st Submain East mine seals and other outby areas to the mine's exhaust shaft and surface mine fan, shall be established at the following locations:
(a) In the No. 9 entry of Main North between mine seals Nos. 7 and 8 of the 1st Submain East (relocated monitoring point 994), to monitor air entering the unsafe-to-travel segment of the aircourse.
(b) In the crosscut No. 105 between entries Nos. 6 and 7 of Main North (relocated monitoring point 993), to monitor air entering the unsafe-to-travel segment of the aircourse.
(c) In the No. 8 entry of Main North between crosscuts Nos. 89 and 90 (relocated monitoring point 992), to monitor air leaving the unsafe-to- travel segment of the aircourse.
2. Two ventilation controls (stoppings), necessary to ensure that the monitoring stations are representative of the airflow entering and leaving the petitioned area and meeting the requirements of 30 CFR 75.333, shall be constructed in:
a) the No. 7 entry of Main North between crosscuts Nos. 88 and 89 and,
b) crosscut No. 110 between entries Nos. 3 and 4.
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 of 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 use an appropriate, calibrated anemometer. The weekly examination shall include an examination for hazards along the route(s) of travel to the monitoring station and at the monitoring stations. Mine examiners and belt examiners for the Main North 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 return 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 and 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.
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 location(s) 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. In addition, should the air quality or quantity measurements indicate an increased potential for accumulations of methane, noxious gases or water within the petitioned area, the District Manager is authorized to increase the frequency of examination to daily examinations at the monitoring stations. Such increased potential for accumulation would result from ventilating a working section through the petitioned area, deterioration or out gassing from sealed areas, additional roof falls or water significantly reducing air flow quantity through the area.
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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
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