| In the matter of Consolidation Coal Company Shoemaker Mine I.D. No. 46-01436 | Petition for Modification Docket No. M-1999-148-C |
On December 27, 1999, 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 petitioner alleges that: a) to require the weekly examinations of approximately 1,000 feet of the return aircourse from 3 South No. 8 mine seal to the airway split to Seabright Air Shaft exposes examiners to the hazards of roof and rib fall from deteriorated roof and rib conditions, b) restoration of the area would require extensive man hours under extremely hazardous conditions, and c) an evaluation of the aircourse at two monitoring stations using air quality and quantity measurements taken by a certified person will provide the same measure of protection as traveling the 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.
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 provide a safe work environment for the miners.
MSHA's petition investigation confirmed that the petitioned aircourse has experienced severe deterioration and roof falls which have rendered the aircourse inaccessible for examination and unsafe for travel by mine examiners. However, the investigators found that the petitioner's two proposed monitoring station locations could not measure the total air volume entering or leaving the area. Therefore, MSHA revised the locations of petitioner's two proposed monitoring stations and added five other monitoring stations.
MSHA determined that to measure the air entering the area from the 3 South No. 61 mine seal would require that evaluation point "L" be moved to a location near survey station 130+64.92 (in the crosscut ahead of 3 South mine seals Nos. 57 and 58) and re-designated as L1. However, a substantially greater volume of air enters the area from the West. That airflow is now measured in each of four common entries as a part of the evaluation system for another modification previously granted to the mine under Docket No. M-92-177-C and must be considered in evaluating the added area addressed by this petition, Docket No. M-1999-148-C. Also, two additional monitoring stations, designated L2 (in the connecting entry between Mains East Intakes and Mains East Returns near survey station 124+50) and L3 (in the Mains East Intakes and Mains East Returns near survey station 125+21.95), were needed to monitor all of the air flow leaving the inaccessible area.
MSHA finds that these relocations of the petitioner's monitoring stations, the addition of a monitoring station, and use of measurements from four monitoring locations which constitute monitoring station I in Docket No. M-92-177-C are necessary to measure the air flowing through the petitioned area and to ensure the evaluations performed detect further deterioration of the aircourse or the loss of ventilation controls creating the aircourse.
MSHA investigators measured air flow quality and quantity at the relocated monitoring stations and at other locations. Those measurements show vastly greater quantities reaching the outlet monitoring stations than the amount measured between seals Nos. 57 and 58 (monitoring station L1). A known quantity of air exiting through L2 and L3 is contributed from the 2 South and 4 North areas which heavily dilutes the air from the 3 South area. However, there are still substantial quantities of air reaching L2 and L3 for which the source or sources are not known, but which could be the result of deteriorated or damaged inaccessible ventilation controls. Therefore, only observed changes in quantity at L1 can provide a means of evaluating the condition of the ventilation controls and inaccessible aircourse in the immediate vicinity of 3 South. While L2 and L3 provide a means of ensuring the sufficient air is flowing through the Mains East Return for adequate ventilation, they do not adequately evaluate the condition of the 3 South seals. Fortunately, even though mine seals Nos. 58 through 61 are between the relocated monitoring stations, MSHA's investigator confirmed that these 3 South mine seals are accessible and being examined in accordance with 30 CFR 75.364(b)(4) and (c)(3). MSHA finds it essential that access to and examination of the seals be maintained since no effective means of evaluation using down wind air qualities and quantities exists.
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.
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 75.364(b)(2) in the Shoemaker Mine is hereby:
- GRANTED, for the unsafe-to-travel segment (approximately 800 feet) of the Mains East Returns from between seals Nos. 57 and 58 of 3 South to the connecting entries between Mains East Returns and the Mains East Intakes, conditioned upon compliance with the following terms and conditions:
- 1. Seven 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) Monitoring station L1, located near survey station 130+64.92 between Nos. 57 and 58 seals at 3 South off of Mains East Returns, to monitor air entering the unsafe-to-travel segment of the Mains East Returns.
- (b) Four monitoring stations located in Nos. 1, 2, 3, and 4 entries in Mains East Returns between survey stations 111+74.23 and 113+36.62 to monitor air entering the petitioned area of Mains East Returns. (See the Amended Proposed Decision and Order issued March 25, 1997, for Docket No. M-92-177-C.)
- (c) Monitoring station L2, located in the connecting entry between Mains East Returns and Mains East Intakes near survey station 124+50, to monitor air leaving the unsafe-to-travel segment of the Mains East Returns.
- (d) Monitoring station L3, located in the connecting entry between Mains East Returns and Mains East Intakes near survey station 125+21.95, to monitor air leaving the unsafe-to-travel segment of Mains East Returns.
- 2. Daily evaluations shall be conducted by a certified person at each of the monitoring stations. The 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 be made using an appropriately calibrated anemometer.
- 3. The weekly examination of 3 South mine seals Nos. 54 through 61 shall be conducted and their condition evaluated and recorded as a part of the evaluation of the petitioned aircourse.
- 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. 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. Any significant difference in the quantities and qualities of air flows, or the air flow directions, shall cause immediate investigation.
- 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 available to all interested parties. In addition, the conditions on the approaches to and of 3 South mine seals Nos. 54 through 61 and air quality measurements resulting from their weekly examinations shall be recorded in the book.
- 8. All monitoring stations and approaches to monitoring stations 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. Precautions shall be taken to ensure that roof falls and restrictions do not impede air flow or the travel to the monitoring stations and mine seals Nos. 54 through 61.
- 9. The monitoring station 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 eliminated or moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
- 10. Prior to implementing this Proposed Decision and Order, 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 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.
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 |
