UAE CoalCorp Associates
Harmony Mine
I.D. No. 36-07838
Docket No. M-2000-058-C
30 CFR 49.2(b)
On April 14, 2000, a petition was filed seeking a modification of the application of 30 CFR 49.2(b) to Petitioner's Harmony mine, located in Northumberland County, Pennsylvania. 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 petitioned standard, 30 CFR 49.2(b) requires the availability of two mine rescue teams, each consisting of five members plus one alternate. The petitioner indicated that no more than one team has been needed during rescue and recovery activities in the anthracite area during the past 20 years, and no more than 3 rescue team members have entered a working place simultaneously. The petitioner proposes to provide two mine rescue teams, each consisting of three members. One alternate would also be provided to provide coverage for both teams. Under the petition, seven mine rescue team members would be provided.
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.
Mine rescue teams, as required under the petitioned standard, reflect the traditional and historic requirements of bituminous coal mines. Bituminous coal mines are characterized by being highly mechanized operations in coal seams which are horizontal or slightly dipping. Normally, extraction of coal occurs at multiple faces. Typical opening widths in bituminous mines are 20 feet. Many bituminous mines exhibit vast areas of development which can extend for miles underground. Bituminous mines often employ hundreds of miners and large bituminous mines can produce several million tons a year. Bituminous mines are highly electrified and equipment used for personnel conveyance can carry numerous persons. Rock dusting is required because of the combustibility of bituminous coal, caused by its inherent volatile content.
In contrast, anthracite mines are not highly mechanized. Production and maintenance work is done largely by hand, using simple hand tools and equipment. Typically, extraction occurs in a single face of an anthracite mine. Anthracite seams dip steeply and are often near vertical. Openings are narrow and constricted. Access between levels is by means of hardwood ladders through small steeply-pitched openings. Anthracite mines are typically developed only short distances underground, rarely more than several thousand feet. Anthracite mines may have no underground electric power or may have power only at the bottom of the hoist slope. The hoist bucket, used to transport personnel, typically can accommodate no more than 3 persons. Rock dusting is not required because of the extremely low combustibility of anthracite coal, caused by its low volatile content.
In 1999, one large underground bituminous mine, employing 371 miners, produced 9.8 million tons. In contrast, a total of 376 thousand tons was produced by 32 underground anthracite mines with a total employment of 144 miners. Excluding the one relatively large anthracite mine which employed 33 miners, the average underground anthracite mine employed 4 miners and produced approximately six thousand (6,000) tons during 1999.
The Harmony mine operates in the Lykens No. 2 vein which averages 5.5 feet in thickness and pitches up to 18 degrees. The mine produces 700 tons per day employing 27 underground miners and seven surface miners. The mine operates two shift per day, four days per week. The mine workings are accessed by an intake haulage drift. Two working sections are currently in production using the room and pillar mining method. Typical dimensions of the mine openings are 20 feet by 5.5 feet. The volatile ratio of the coal is less than 0.12 which indicate that the coal dust is non-explosive. Since opening in 1986, the mine has never experienced a fire, ignition, or explosion. A blowing ventilation system is used at the mine and haulage entries are ventilated in an outby direction. An independently powered intake airshaft escape facility is provided at the mine. The travel distances through the drift haulageway are 6,000 and 20,000 feet. The mine emergency escape hoist conveyance will accommodate three miners or two fully equipped mine rescue team members. The walking travel time from the deepest working area to the surface is under 60 minutes.
The investigation confirmed that in the past 20 years no more than 1 mine rescue team has been needed in the anthracite region for rescue and recovery activities. Further, no more than 3 rescue team members have entered a working place at the same time during such activities. Considering this confirmation, and the pitched seam, the limited capacity of the emergency hoist conveyance, the low combustibility of anthracite coal, petitioner's alternate method of two mine rescue teams with three members each is as safe as maintaining two teams of five members. As such, it achieves the result of the standard to ensure the availability of mine rescue capability for purposes of emergency rescue and recovery. Based on these and the other physical and operational conditions discussed above, permitting this anthracite mine to provide two mine rescue teams of three members each with one alternate member serving both teams guarantees the same measure of mine rescue protection to the anthracite miners at the mine as is provided by 30 CFR 49.2(b).
On the basis of the petition and the findings of MSHA's investigation, UAE CoalCorp Associates, is granted a modification of the application of 30 CFR 49.2(b) to its Harmony 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 UAE CoalCorp Associates's Petition for Modification of the application of 30 CFR 49.2(b) in the Harmony mine is hereby:
GRANTED, conditioned on compliance with the following terms and conditions:
- Each of the two mine rescue teams shall include three members with one alternate who serves both teams.
- All mine rescue team members and the alternate shall be fully qualified, trained, and equipped for providing emergency mine rescue service in anthracite mines.
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.
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Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
