Petition for Modification
In the matter of
Peabody Coal Company
Camp No. 11 Mine
I.D. No. 15-08357
Docket No.
M-2002-015-C
30 CFR 75.364(b)(2)
PROPOSED
DECISION AND ORDER
On February 21, 2002, a petition was filed
seeking a modification of the application of 30 CFR 75.364(b)(2) to
Petitioner's Camp No. 11 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 travel of at least one entry in its entirety of the
inaccessible 1st Main South West return aircourse, beginning at
crosscut 91 through crosscut 120 for an approximate distance of 1600 feet, with
weekly examinations at four monitoring stations. The proposed monitoring stations are the locations at which a certified
person would: a) determine the airflow quality and quantity, b) examine for
hazards, and c) visually examine sensor used to continuously monitor oxygen and
methane concentrations in the air flow.
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) 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
approximately 1600 feet of 1st Main South West would present a
diminution of safety for the mine examiners and that the rehabilitation of the
area would be hazardous to miners performing such work. MSHA's investigation of the petitioned area
found that the proposed alternative method would monitor air which did not
represent all of the air flow entering and leaving the petitioned aircourse
segment. As a consequence, MSHA's
investigator recommended construction of
permanent ventilation controls which would force all of the airflow
through the proposed monitoring stations.
This would ensure a means of evaluation of the integrity of the
ventilation controls creating the aircourse and insure that the locations of
the proposed Atmospheric Monitoring System sensors would report concentrations
of gases representative of the airflow of the petitioned aircourse. The locations established by MSHA in this PDO
with the additional ventilation controls as located by MSHA, would be
representative of the air flow ventilating the inaccessible return
aircourse. 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 would ensure an adequate evaluation of the condition of
the inaccessible air course segment.
The 2nd Panel Southeast's four mine seals would remain
accessible and must continue to be examined once each week. The alternative method as amended by MSHA
would also detect further reductions in air flow due to roof falls and
out-gassing from two of the four 2nd
Panel Southeast mine seals due to barometric fluctuations or seal deterioration
or failure.
On the basis of the petition and the findings of MSHA'sinvestigation, Peabody Coal Company is
granted a modification of the application of 30 CFR 75.364(b)(2) to its Camp
No. 11 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. 11 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 1600 feet of 1st Main South West return
aircourse which ventilates the accessible 2nd Panel Southeast Mine seals,
conditioned upon
compliance with the following terms and conditions:
1. Four monitoring stations that allow
evaluation of the inaccessible return aircourse ventilating accessible 2nd
Panel Southeast mine seals shall be established at the following locations:
(a) Three monitoring stations where air
enters the inaccessible area, in entries Nos. 1, 2 and 3 at or near crosscut 90
of 1st Main South West)(identified by the petitioner as MS1). 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 the
entry No. 2 of 1st Main South West at or near crosscut 120 (two of
the three regulators are to be closed and converted to stoppings or new
stoppings constructed in the same entries approximately 10 blocks from the
location identified by the petitioner as MS2).
AMS sensors to monitor methane and oxygen concentrations are required to
be used at this monitoring station.
(3)
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 return air course and
the accessible mine seals, shall be created in the 1st Main South
West Main byconstructing permanent ventilation controls (two concrete block
stoppings) in the Nos. 1 and 3 entries at or near crosscut 120 (MS2).
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:
(1) examining for hazards on the approaches to and at the four
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.
(v) examining for hazardous conditions at the accessible 2nd Panel
Southeast mine seals in accordance with the requirements of 30 CFR
75.364(b)(4).
(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 o 1st
Main South West and accessible 2nd Panel Southeast 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 emergency and firefighting
program required by 30 CFR 75.1502 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 response to methane sensor alert and
alarm signals shall comply with 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 accessible 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 accessible 2nd Southeast mine
seals and across the AMS sensor equipped monitoring stations to maintain 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 petitioned area is effectively ventilated, 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. P rior 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,
1100 Wilson Boulevard, Arlington,Virginia 22209-3939.
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.
_________________________________
John F. Langton
Acting Deputy
Administrator
for Coal Mine Safety and Health
