Petition for Modification

In the matter of                   

Oxbow Mining, LLC

Elk Creek Mine

I.D. No. 05-04674                

Docket No. M-2002-069-C

30 CFR 75.350

PROPOSED DECISION AND ORDER 

On August 2, 2002, Oxbow Mining, LLC, filed a petition seeking a modification of the application of 30 CFR 75.350 to its Elk Creek Mine, located in Gunnison County, Colorado.  The Petitioner alleges that the alternative method out­lined in the petition will at all times guarantee no less than the same measure of protec­tion afforded by the stan­dard.

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, MSHA's investigative report and recom­mendations, ­this Proposed Decision and Order is issued. 

Finding of Fact and Conclusion of Law 

The petition filed by Oxbow Mining, LLC would permit the use of the belt entry to ventilate active working places.  The investigation report indicates that the conditions stated in the petition are correct.  The mine currently monitors each underground belt flight with a Conspec Senturion Model 500 atmospheric mine-wide monitoring system in conjunction with carbon monoxide sensors.  The Conspec system is used in lieu of heat type sensors.  All belt drive assemblies use heat activated water sprinklers for fire suppression.

The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.350. 

On the basis of the petition and the findings of MSHA's investigation, Oxbow Mining, LLC is granted a modifi­ca­tion of the application of 30 CFR 75.350 to its Elk Creek 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 Oxbow Mining, LLC=s Petition for Modification of the applica­tion of 30 CFR 75.350 in Elk Creek Mine is hereby:

GRANTED,  to allow air coursed through conveyor belt haulage entries to be used to ventilate active working places , conditioned upon compli­ance with the following terms and con­ditions: 

1.  An early warning fire detection system (car­bon monox­ide monitoring system) shall be installed as

     fol­lows: 

(a)     The carbon monoxide monitoring sys­tem shall be installed in all belt en­tries utilized to course in­take air to a working place.

(b)     Sensors shall be installed near the center and in the upper third of the belt entry in a location that would not expose personnel working on the system to unsafe situations.  Sensors shall not be located in intersections, abnormally high areas or in other areas where airflow patterns do not permit products of combustion to be carried to the sensors.­­­­­

(c)     Sensors shall be installed between 50 and 100 feet down­wind of each belt drive, drive/belt take-­up combination, and at each tail­piece at a loca­tion to prevent damage from mobile equipment, and at inter­vals not to ex­ceed 1,000 feet along each conveyor belt en­try.  Where the air current splits in two directions in the conveyor entry a sensor shall be installed inby and outby the split, located as called for in 1.(b), between 50 and 100 feet.

(d)     Where a belt drive discharges onto a belt con­veyor tailpiece as a continu­a­tion of a belt conveyor haulage system, and the belt drive, belt take­-up and belt tail­piece are on the same split of air, only one carbon mon­oxide sen­sor shall be required at this loca­tion.  Where the belt haul­age system chan­ges direction, if the receiving convey­or belt tailpiece is located out­side the rib line of the dumping belt entry, an addi­tional sensor shall be re­quired at the tail­piece. 

(e)     Sensors shall be in­stalled not more than 100 feet downwind of all electric­al installations in the belt or neutral entry(s) and any equi­pment or location in the con­veyor belt entry where a po­tential fire source exists. 

2.  The early warning fire detection system shall be designed and maintained as follows:

(a)     The carbon monoxide monitoring system shall be capable of provid­ing both visual and audi­ble sig­nals.  A visual or audible alert sig­nal shall be acti­vated when the carbon monox­ide level at any sensor rea­ches the level determined in Condition 4.  An audi­ble and visual alarm signal dis­tin­guish­able from the alert sig­nal shall be activated when the carbon monoxide level at any sensor reaches the alarm level determined in Condition 4.

(b)     Alarm devices shall give visu­al and audible signals that can be seen and heard on the working sections.  These signals must also be seen and heard at a location on the surface of the mine where a person designated by the operator to oversee the carbon monoxide monitoring system (CO monitoring person) is on duty at all times when miners are underground.  This can be the same person as the responsible person designated by the operator for purposes of 30 CFR 75.1501 or it can be a different person whose job is directed to overseeing the carbon monoxide monitoring system.  Alert devices shall give visual or audi­ble signals that can be seen or heard at such surface loca­tion.  Audible and visual alarm devices used on the sec­tions shall be of the per­missible type if installed in areas where permissible equip­ment is re­q­uired.

(c)     The carbon monoxide monitoring system shall act­ivate alarm signals at the work­ing sec­tion(s) and alert and alarm signals at a loca­tion on the surface of the mine where either the co monitoring person or the responsible ­person designated under 75.1501 is on duty at all times when miners are under­ground. 

(d)     Sensors locat­ed from the mouth of the section to the sec­tion load­ing point shall acti­vate section alarms if the alarm level is reached.  During initial development of a section, all sensors for a distance of 4000 feet outby the section loading point shall activate the section alarm if carbon monoxide reaches the established alarm levels. The distance outby the mouth of the panel may be decreased proportionately as the section advances to a total of 4000 or more feet; at such time, the sensors outby the mouth of the panel shall not be required to activate the section alarm.

(e)     The carbon monoxide monitoring system shall be capable of monitoring elec­trical continu­ity and detecting   elec­trical malfunctions such as open-cir­cuits,  short-circuits, ground-faults and, where appropriate, pneu­matic mal­functions in the system.

(f)      The carbon monoxide monitoring system shall be capable of identifying any activat­ed sen­sor(s).

(g)     The carbon monoxide monitoring system shall be capable of giving warning of a fire for a mini­mum of 4 hours after the source of power to the belt is removed as required by 30 CFR 75.1103-4(e).  When power is re­moved

(h)     The carbon monoxide monitoring system shall limit time delay periods to not more than a total of 180 sec­onds for the alert and alarm.  If used, time delays shall be specified in the mine ventilation plan.  Time delays shall only be used in mines using diesel equipment.

3.    Velocity in the belt conveyor entry.

(a)     The air in the belt con­veyor entry shall have a velocity of at least 50 feet a minute and have a defi­nite and distinct movement in the des­ig­nated direction. 

(b)     Velocity measurements shall be deter­mined at loca­tions in the entry which are represen­tative of the cross-sec­tional areas found thro­ughout the entry and not at loca­tions where the entry is abnor­mally high (e.g. belt drives) or low (e.g. under overcas­ts).

4.    Determination of the carbon monoxide alert, alarm, and ambient levels in the conveyor belt entry.

(a)     The alert and alarm settings for the mine shall be deter­mined by adding the ambient level to the levels estab­lished from Tables 1 - 6 which are attached and incorporated into this Proposed Decision and Order.

(1)  The carbon monoxide alert and alarm level can be different for vari­ous areas in the mine.  For exam­ple, settings in the main conveyor belt entries could be lower than settings in mech­a­nized min­ing sec­tions due to larg­er air quanti­ties.  The number of carbon monoxide alert and alarm set­tings used shall be mini­mized and may be limited by the District Manager to maintain system effectiveness. 

       (2)  Alert and alarm settings can also be dif­ferent for devel­op­ment, retr­eat, longwall set-up and longwall

              removal (in the event that longwall mining is performed).

(b)     The interim ambient level shall be zero (0) parts per million (ppm).  Ambient levels can be different for various areas of the mine.  When dif­ferent ambient levels are deter­mined for distinct portions of the mine, either the lowest ambient level can be utilized throughout the mine or the carbon monoxide monitoring system can be divided into distinct areas that utilize the ambient level determined for each area.  The ambi­ent level shall be de­termined under normal mining con­di­tions as follows:

(1)  A properly calibrated carbon monoxide sensor(s) shall be used for an ambient determina­tion.  Measurements from one sen­sor can be used to determine the level in the conveyor belt entry for each separate conveyor belt airsplit not exceeding 10,000 feet in length.  For airsplits longer than 10,000 feet in length, additional sensors shall be used so that at least one sensor is used for each additional 10,000 feet or part thereof.  Hourly readings shall be taken and recorded for a total of five (5) production shifts to establish a mine history of carbon monoxide levels.  The average of the data collected for each separate conveyor airsplit will determine its ambient level.

(2) MSHA shall be notified when ambient levels will be determined and ambient levels shall be represen­ta­tive of nor­mal operating conditions.  Diesel equipment shall not be unnecessarily idled in the air split where the ambient level is being determined.

(c)     The cross-sec­tional areas used for alert and alarm level deter­mination from the Tables shall be measured at locations in the entry rep­resen­tative of the cross-sectional areas found thro­ughout the entry and not at loca­tions where the entry is abnor­mally high (i.e. belt drives) or low (i.e. under over­cas­ts).  For belt entries that are common with other entries, the sum of cross-sec­tional areas for belt entries and the com­mon entries shall be used. 

(d)    Where the representative total cross-sectional area of the belt entry and the common entry ex­ceeds the 240 square feet, the alert and alarm levels shall be determined from Table 6 for air quantities up to 202,000 cubic feet per minute (cfm).  Air quan­tities greater than 202,000 cfm cannot be used.

    (e) If two or more en­tries are common with the belt entry, a study of the ef­fects of dif­fusion and/or dilu­tion

         of carbon monoxide shall be conducted to estab­lish ap­pro­priate alert and alarm lev­els. 

(1)  The operator shall cooperate and participate with MSHA in con­ducting a sys­temat­ic evaluation of the effects of multi­ple common entries upon the diffu­sion of carbon monoxide and the appro­priate alert and alarm levels for an early warning fire detection system.  The operator will provide a controlled environment for the study by establish­ing and main­taining air quan­ti­ties, control­ling equipment activity, and main­taining venti­lation controls of the test area.  Sig­nificant ven­tilation changes in the test area shall not be made without prior agreement with MSHA personnel involved in the evaluation. 

(2)  Until the study is completed and the report is finalized, interim alert and alarm levels in the area(s) affect­ed by the tests shall be taken from Table 6 for the appropri­ate air quanti­ty.  During such time, the air quantity in the belt and common entries shall not exceed 134,000 cfm.

(3)  Upon completion of the test(s) and final report, the mine ventilation plan shall be revised to show the appro­priate sensor spacing, alert levels, and alarm levels which have been deter­mined in the test.  Sensor spacing may be less than 1,000 feet and the alert and alarm levels may be less than the in­terim levels taken from Table 6, as shown to be appropriate by the test.

(4)  Should the test results show that a carbon monoxide monitoring system cannot provide early warning fire detection, within the belt and common entries, this Proposed Decision and Order shall be amended or revoked as applicable.

(f)       The air quantity used for the sensor level deter­mi­na­tion from the Tables shall be the sum of the air quanti­ty mea­sured or planned to be used in the belt con­veyor entry and any common en­try(s).  The deter­mi­nation shall be made at loca­tions represent­ing the greatest volume of air in the entry(s). 

5.       The carbon monoxide alert and alarm levels and the ambi­ent level(s) determined in Condition 4 shall be submitted to the District Man­ager for veri­fication and shall be in­cluded in the mine venti­la­tion plan.  The Dis­trict Manager is au­tho­rized to require reeval­uation of alert, alarm, and ambient lev­els if condi­tions change.  If changes in conditions affect the alert, alarm or ambient level, the mine ventilation plan shall be revised to reflect such changes.

6.       When the carbon monoxide monitoring system gives a visu­al or audible alert signal, all miners in the working sections on the same split of air shall be notified immedi­ately and an inves­tiga­tion shall be conducted to determine the cause of the actua­tion.  When the carbon monoxide system gives an audible and visual alarm signal, all miners in the same split(s) of air shall be withdrawn immedi­ately to a safe location at least one sen­sor outby the sen­sor(s) activat­ing the alarm, unless the responsible person designated under 75.1501 orders the miners to be evacuated in accordance with the mine emergency evacuation and firefighting program.  Where the cause of the audible and visual alarm signal is known not to be a hazard to the miners, they may remain on the working section.  When the car­bon monox­ide warning system gives an audi­ble and visual alarm signal at shift change, no one shall be per­mitted to enter the mine except qualified persons des­ignated to inves­tigate the source of the alarm.  If miners are en route underground, they shall be held at, or be with­drawn to, a safe loca­tion, at least one sen­sor outby the sen­sor(s) acti­vating the alarm unless an evacuation is ordered by the responsible person designated under 75.1501.  When a de­termination is made as to the source of the alarm, and that the mine is safe to enter, the miners shall be   per­mit­ted under­ground.  The mine emergency evacua­tion and firefighting program re­quired by 30 CFR 75.1502 shall be   re­vised to speci­fy the actions to be taken for alert and alarm signals.  Such revisions shall be ap­proved by the   Dis­trict Manager.  A record of each alert and alarm signal given, and the action taken, shall be maintained at the mine for a peri­od of one year and made available to all interested persons.

7.       The co monitoring person, stationed at the surface location de­scribed in Condition 2, shall have two-­way commu­nications with all working sec­tions.  When the estab­lished alert and alarm levels are reached, such person shall notify all working sec­tions and other locations where person­nel are normally assigned to work (e.g. belt trans­fers) and follow the provisions of condition 6 above.  If the co monitoring person does not also serve as the responsible person designated under 75.1501, then he/she must also immediately notify the 75.1501 responsible person.  Personnel stationed at the surface location shall also be trained in the     oper­ation of the carbon monox­ide moni­tor­ing system and in the proper pro­cedures to follow in the event of an emer­gency or malfunction and, in that event, shall take appropriate action imme­diately. 

8.       The carbon monoxide monitoring system shall be exam­ined visually at least once each shift.  The monitoring system shall be inspected at intervals not exceeding 7 days to ensure that the system is operating properly.  The monitoring sensors shall be calibrated with known concen­trations of carbon monoxide and air mixtures at intervals not to exceed 31 calendar days.  An inspection re­cord shall be maintained on the surface and made available to all interested persons.  The inspection record shall show the date and time of each weekly inspection and monthly cali­bration and all main­tenance per­formed, whether at the time of the weekly inspection or otherwise.

9.        If at any time the carbon monoxide monitoring system or any portion of the system required by this Proposed Decision and Order has been de-energized for rea­sons such as routine mainte­nance or failure of a sen­sor unit, the belt con­veyor may continue to operate provided the miners in the affected work­ing section are notified and the affected portion of the belt conveyor entry is con­tin­uously patrolled and monitored for carbon monoxide in the fol­low­ing manner until the affect­ed moni­tor­ing system is re­turned to normal oper­a­tion: 

(a)     The patrolling and monitoring must be conducted by a person or persons trained in the mine evacuation plan, the operation of a handheld carbon monoxide detection device, use of the two-way communication device provided, and the following procedures:

(1)  The trained person(s) performing moni­toring shall be provided with a two-way communica­tion device en­abling the per­son(s) to commu­nicate with the sur­face;

(2)  Each of these trained persons shall be provided with a hand-held carbon monoxide de­tec­tion device.  A carbon mono­xide detection device shall also be avail­able for use on each work­ing section.

(3)  If one sensor becomes inoperative, the trained person shall monitor at that sensor location; 

(4)  If two or more adjacent sensors become inop­era­tive, a trained person shall patrol and monitor the area affected; and 

(5)  If the complete system becomes inopera­tive, a suffi­cient number of trained person(s) shall patrol and monitor the affected entries of the mine so that the affected en­tries will be trav­eled once each hour in their entire­ty. 

(b)     The procedure outlined above is applicable only for a short period of time that is to be deter­mined by the reason­able amount of time re­quired to repair or re­place the equip­ment causing the malfunc­tion.  The mine opera­tor shall begin cor­rec­tive action immediately and continue until the defective equip­ment caus­ing the mal­func­tion is replaced or repaired.  The respon­sible person on the sur­face shall immediately establish two-way com­munication with the work­ing sec­tion(s) and notify them of the par­ticu­lar malfunction(s) or prob­lem­.

10.     The details for the early warning fire detection system includ­ing, but not necessarily limited to, type of moni­tor, specif­ic sensor location on the mine map, and the alert and alarm levels shall be included as a part of the mine ventilation plan re­quired by 30 CFR 75.370.  The Dis­trict Manager may require addi­tional carbon monox­ide sensors to be installed as part of said plan to en­sure the safety of the miners.

11.     The concentration of respirable dust in the in­take air coursed through a belt conveyor haulage way shall not exceed 1.0 mg/m³.  Com­pliance with this requirement will be deter­mined by establish­ing a Designated Area (DA) sampling location within 15 feet outby the working sec­tion belt tailpiece and sampled in accor­dance with 30 CFR 70.208.  The specific DA sam­pling loca­tion shall be identified in the mine venti­lation plan with a four-digit number begin­ning with 8, fol­lowed by the middle two digits of the MMU number, and ending with 9 (i.e., 811-9 for MMU 011-0). 

12.      Intake escapeways shall be maintained free of potential fire sources unless such sources are maintained as follows:

(a)     Battery powered and electrical sources, allowed by 30 CFR 75.380, shall be equipped with a automatic fire suppression system installed and maintained as required by the provisions of 30 CFR 75.1107-3 through 30 CFR 75.1107-16.

(b)     Self-propelled diesel-powered equipment, allowed by 30 CFR 75.380, shall be provided with a automatic fire suppression system which meets the requirements of 30 CFR 75.1911.

13.     The integrity of the atmosphere in the primary escapeway shall be protected during mine layout and design.  Fac­tors such as location of the primary escapeway with respect to the belt and return air courses, the number of entries within each air course, and the projected venti­lating air quantities and pressures shall be considered.  In areas of the mine developed after the effective date of this Proposed Decision and Order, the system shall be designed such that an air course containing the conveyor belt carries less than half of the air for section ventilation and, to the extent practical, the pressure differential shall be maintained from the primary escapeway to the belt entry air course.  Air measure­ments shall be made at the loca­tions spec­i­fied in 30 CFR 75.364(c)(1).  Wherever the pressure dif­ferential is from the belt entry air course to the primary escapeway, special care shall be taken to mini­mize leakage.  This shall include the repair and sealing of ventilation controls as needed.  The design of the system shall be speci­fied in the mine ventilation plan.

14.     Before belt haulage entries are used to ven­tilate working places, miners shall be trained in proper evacuation procedures, including instruction and drills in evacua­tion and instruction in pre­cautions to be taken for escape through smoke.

15.     Prior to implementing the alternative method, the early warning fire detection system shall be inspected by MSHA and be fully oper­ational and in compliance with the terms and condi­tions of this Proposed Decision and Order.

16.     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 District Manager.  These proposed revi­sions shall specify initial and re­fresher train­ing regarding compli­ance with the condi­tions spec­ified by 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, 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. 

TABLES USED TO DETERMINE ALERT AND ALARM SETTING

                                                                                        _________________________________

                                                                      John F. Langton

                                                          Acting Deputy Administrator

                                                              for Coal Mine Safety and Health