| In the matter of Philippi Development, Inc. Sentinel Mine I.D. No. 46-04168 | Petition for Modification Docket No. M-95-181-C |
Date Issued: 01/10/1997
On December 14, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.350 to Petitioner's Sentinel Mine, located in Barbour County, West Virginia. 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 and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
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 investi gation, Philippi Development Inc. is granted a modification of the application of 30 CFR 75.350 to its Santinel 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 Philippi Development Inc.'s Petition for Modification of the application of 30 CFR 75.350 in the Sentinel Mine is hereby:
GRANTED, to allow air coursed through conveyer belt entries to be used to ventilate working places, conditioned upon compliance with the following terms and conditions:
- An early warning fire detection system (Carbon monoxide
monitoring system) shall be installed as follows:
- The carbon monoxide monitoring system shall be
installed in all belt entries utilized to course in
take air to a working place.
- 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.
- Sensors shall be installed between 50 and 100 feet
downwind of each belt drive, drive/belt takeup
combination, and at each tailpiece at a location to
prevent damage from mobile equipment, and at inter
vals not to exceed 1,000 feet along each conveyor
belt entry.
- Where a belt drive discharges onto a belt conveyor
tailpiece as a continuation of a belt conveyor
haulage system, and the belt drive, belt takeup 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.
- Sensors shall be installed not more than 100 feet downwind of all electrical installations and any equipment or location in the conveyor belt entry where a potential fire source exists.
- The carbon monoxide monitoring system shall be
installed in all belt entries utilized to course in
take air to a working place.
- The early warning fire detection system shall be designed
and maintained as follows:
- The carbon monoxide monitoring system shall be
capable of providing both visual and audible sig
nals. 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.
- Audible and visual alarm devices used on the sections shall be of the permissible type if installed in areas where permissible equipment is required.
Alarm devices shall give visual and audible signals
that can be seen and heard on the working sections
and at a location on the surface of the mine where a
responsible person(s) is on duty at all times when
miners are underground. Alert devices shall give
visual or audible signals that can be seen or heard
at such surface location.
- 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 a responsible person(s) is on duty at
all times when miners are underground.
- Sensors located from the mouth of the section to the
section loading point shall activate section alarms
if the alarm level is reached. During the initial
development of a section, all sensors for a distance
of 4,000 feet outby the section loading point shall
activate the section alarm if carbon monoxide reach
es the established alarm levels. This 4,000 foot
distance outby the section loading point may be
decreased proportionately as the section advances.
Once the section inby the mouth advances 4,000 or
more feet the sensors outby the section loading
point shall not be required to activate the section
alarm.
- The carbon monoxide monitoring system shall be
capable of monitoring electrical continuity and
detecting electrical malfunctions such as opencir
cuits, shortcircuits, groundfaults and, where
appropriate, pneumatic malfunctions in the system.
- The carbon monoxide monitoring system shall be
capable of identifying any activated sensor(s).
- 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 due to fan(s) stoppage, the carbon
monoxide monitoring system shall be deenergized if
not intrinsically safe as required by 30 CFR
75.313(e).
- 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.
- The carbon monoxide monitoring system shall be
capable of providing both visual and audible sig
nals. 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.
- Velocity in the belt conveyor entry.
- 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.
- Velocity measurements shall be determined at loca tions in the entry which are representative of the crosssectional 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).
- 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.
- Determination of the carbon monoxide alert, alarm, and
ambient levels in the conveyor belt entry.
- 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 setup and longwall removal.
- Ambient levels can be different for various areas of
the mine. When different ambient levels are deter
mined 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) Ambient levels shall be representative of nor mal operating conditions. Diesel equipment shall not be unnecessarily idled in the air split where the ambient level is being determined.
- The crosssectional areas used for alert and alarm
level determination from the Tables shall be
measured at locations in the entry representative of
the crosssectional areas found throughout the entry
and not at locations where the entry is abnormally
high (i.e. belt drives) or low (i.e. under overcas
ts). For belt entries that are common with other
entries, the sum of crosssectional areas for belt
entries and the common entries shall be used.
- Where the representative total cross sectional area
of the belt entry and the common entry exceeds 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.
- 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 202,000 cubic feet per minute.
(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.
- The air quantity used for the sensor level determi nation 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 locations representing the greatest volume of air in the entry(s).
- 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.
- 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 in
cluded 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.
- 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 cause is
known not to be a hazard to the miners. 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
enroute underground, they shall be held at, or be with
drawn to, a safe location, at least one sensor outby the
sensor(s) activating the alarm. 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 evacuation plan required by 30 CFR 75.1101-23(a)
shall be revised to specify the actions to be taken for
alert and alarm signals. Such revisions shall be ap
proved 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.
- Personnel 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 persons shall notify all working
sections and other locations where personnel are normally
assigned to work (e.g. belt transfers). 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.
- The carbon monoxide monitoring system shall be examined
visually at least once each shift. The monitoring system
shall be inspected at intervals no exceeding seven (7)
days to ensure that the system is operating properly.
The monitoring sensor 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.
- If at any time the carbon monoxide monitoring system or
any portion of the system required by this Proposed
Decision and Order has been deenergized 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 contin
uously patrolled and monitored for carbon monoxide in the
following manner until the affected monitoring system is
returned to normal operation:
- 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 handheld 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 inopera tive, 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.
- 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.
- 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.
- . The concentration of respirable dust in the intake air
coursed through a belt conveyor haulageway 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 sec
tion 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 fourdigit
number beginning with 8, followed by the middle two
digits of the MMU number, and ending with 9 (i.e., 8119
for MMU 0110).
- A new conveyorbelt flammability test has been developed
by MSHA. When compatible belting identified by MSHA as
having passed the new flame-resistant test becomes com
mercially available, all subsequent belt purchases shall
be of this improved type belting.
- 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 aircourses, the number of
entries within each aircourse, 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 so that the aircourse 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 aircourse. 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 aircourse 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.
- 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.
- 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.
- 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, 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.
_________________________________
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health - 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:
