On October 13, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Wabash Mine, located in Wabash County, Illinois. The Petitioner alleges that examination of seven Main West seals presents a hazard to miners because a roof fall and deteriorated roof prevent safe access to the seal. Therefore, it contends 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.
Review of the petition indicates that the designated return aircourse ventilating the petitioned seals is also unsafe for travel. Therefore, the petition is being treated as a request to modify 30 CFR 75.364(b)(2) and (b)(4). In addition, comments from the representative of miners and a request from Wabash Mine Holding Company were received, both indicating that the examinations at the proposed monitoring stations be conducted on a preshift examination basis. Therefore, the proposed alternative method was amended to reflect examination of the seals and return aircourse on a preshift rather than weekly basis.
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 (PDO) is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b)(2) and (b)(4) to the subject mine will result in a diminution of safety to the miners.
MSHA's investigation report and subsequent discussions with the investigators confirm that the roof fall in front of the Main West No. 1 Mine seal, water accumulations in front of seals Nos. 2 through 5 and deteriorating roof in front of seals Nos. 6 and 7 have rendered the seals and the aircourse ventilating the seals unsafe for travel. In addition, the ventilation controls that direct the air flow to the seals are also inaccessible for examination. The proposed amended alternative method consists of continuously monitoring the air quality for methane and oxygen content and conducting preshift examinations at two monitoring stations of the air flow immediately prior to ventilating the No. 1 Main West Mine seal and immediately following the ventilation of the No. 7 Main West mine seal. MSHA has further amended the alternative method to provide specific requirements for the installation, calibration and maintenance of the monitoring sensors and detailed requirements as to the locations, maintenance and examinations to be conducted at the monitoring stations. This amended alternative method can detect severe seal deterioration or failure but, due to the dilution of out-gassing from the sealed area, the method provides a less reliable means of detecting the early stages of seal deterioration than would be possible if the seals could be visually examined and gas concentrations monitored at the seals. Therefore, the alternative method provides a safe work environment for examiners but does not provide the same measure of protection as the standard would provide if the seals could be safely approached and examined.
On the basis of the petition and the findings of MSHA's investigation, Wabash Mine Holding Company is granted a modification of the application of 30 CFR 75.364(b)(2) and (b)(4) to its Wabash 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 Petition for Modification of the application of 30 CFR 75.364(b)(2) and (b)(4) in the Wabash is hereby:
GRANTED, for continuous monitoring using intrinsically safe sensors installed as part of the mine's Atmospheric Monitoring System (AMS) and preshift examination and evaluation of air entering and leaving approximately 900 feet of designated return aircourse that ventilates the seven inaccessible Main West Mine seals, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations, that allow evaluation of the aircourse ventilating the 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 immediately before the regulator (immediately west of survey station No. 38). AMS sensors to monitor methane and oxygen concentrations are not required to be used at this monitoring station.
(b) One monitoring station where air leaves the inaccessible area, in entry No. 1 of Main South (immediately north of survey station No. 56) and prior to joining with other air splits reporting to the Return Air Shaft P1. 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. A certified person shall:
(a) Examine for hazardous conditions at the monitoring stations. The examination shall be conducted as a preshift examination. Such examinations must meet the requirements of 30 CFR 75.360(a)(2),(d),(e),(f) and (g) 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 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 a properly 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; and
(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 Main South seals. Reduced air flow in the petitioned aircourse and unchanged airflow in the aircourse segment ventilating the Main South seals indicate failure of or deterioration of the ventilation controls creating the aircourse.
(b) Determine, from the AMS surface location readouts, the oxygen and methane concentrations from the sensors located at the monitoring station. This determination shall be made on a preshift basis, within 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work or travel underground, 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 Main West return entry and the inaccessible mine seals.
(c) Record the results of each preshift examination and each preshift determination of the air quality required by Paragraphs 2(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 75.360(e),(f) and (g) (which are the same as 30 CFR 75.364(g), (h), and (i)) shall be met.
3. The date, initials of examiners, time, and results of the preshift examinations shall be recorded in a book or on a date board, that shall be provided at the monitoring stations.
4. 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.
5. 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 |
1.0% |
(b) An audible and visual alarm signal shall be activated at the following initial levels:
| Oxygen |
19.5% |
| Methane |
2.0% |
(c) In lieu of the above alert and alarm levels, the District Manager is authorized to require lower alert and alarm levels.
6. 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. 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.
7. 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 decreasing the restriction of the regulator controlling airflow in the petitioned aircourse, to force greater air flow in front of the inaccessible mine seals and across the AMS sensor equipped monitoring stations to meet a 5,000 cfm minimum airflow requirement;
(c) the elimination of continuous monitoring using AMS sensors where a representative and measureable air flow velocity across the sensors can not be ensured and revert to only preshift 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 Main 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.
8. 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.
9. 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.
10. A sign showing the safe travel route to each monitoring station shall be conspicuously displayed in the main intake haulage entry.
11. 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.
12. 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 any ignition sources in nearby entries.
13. 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.
14. 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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