On August 19, 1996 a petition was filed seeking a modification of the application of 30 CFR 75.350 to Petitioner's Zeigler No. 11 Mine, located in Randolph County, Illinois. 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. On February 12, 1997 the Petitioner and the United Mine Workers of America (UMWA) submitted joint revisions to the original petition, which were followed by additional revisions on April 18 and June 23, 1997.
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, jointly submitted revisions, MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
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 Old Ben Coal Company's Petition for Modification of the application of 30 CFR 75.350 in the Zeigler No. 11 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:
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 within 12 inches of the roof, when it can be accomplished safely, 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 tailpiece at a location to prevent damage from mobile equipment, and at intervals not to exceed 1,000 feet along each conveyor belt entry.
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 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.
e. 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.
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. 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 which includes the power center, feeder car or tool sled 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.
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 a responsible person(s) 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 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 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 4,000 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 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).
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. Time delays shall not be applied to measurements made with hand-held detectors.
3. Velocity in the belt conveyor entry.
a. The air in the belt conveyor entry shall have a minimum velocity of at least 50 feet per minute and have a definite and distinct movement in the designated direction. The maximum average velocity in the belt conveyor entry shall be 500 feet per minute.
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. In addition, there will be a 90 day study which will be addressed in the ventilation plan for the purpose of reducing alert and alarm settings to the lowest attainable level. However, in no case shall the alert and alarm settings established from this study exceed those levels established from Tables 1 - 6.
(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 development, retreat, longwall set-up and longwall removal.
b. 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) The interim ambient level shall be 3 ppm. A properly calibrated carbon monoxide sensor(s) shall be used for an ambient determination where this Proposed Decision and Order requires carbon monoxide monitoring to be conducted. An ambient determination shall be made by either of the following methods:
(i) Measurements from all sensors in the conveyor belt entry shall be used to determine the ambient level for each separate conveyor belt air split. Continuous readings shall be taken and recorded for a total of six (6) production shifts to establish a mine history of carbon monoxide levels. The average of the data collected for each air split will determine its ambient level; or
(ii) An equally effective method approved as part of the Ventilation Plan.
(2) MSHA shall be notified when ambient levels will be determined and provided the opportunity to assist in the ambient level determination. Ambient levels shall be representative of normal operating conditions. However, in no case shall the ambient level exceed 3 ppm. 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 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 sensors 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 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. A person from each of the affected working section(s) shall be stationed to man the phone continuously until the cause of the alert has been investigated. This location for the section personnel to man the phone shall be in the intake escapeway where the communication system is located as identified in paragraph No. 18. If no report is received from the persons making the investigation within 15 minutes or if an additional sensor goes into alert, all persons shall be withdrawn to a safe location at least one sensor outby the sensor(s) activating the alert, unless the cause is known not to be a hazard to the miners. 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 alert signal at shift change and an investigation is started to determine the cause of the actuation, miners may proceed to the sensor outby the sensor(s) activating the alert, 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 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. 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 75.110123(a) 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 two years. These records of alert and alarm signal activations and actions taken shall be made available to the miners' representa- tives. Upon request, the miners' representatives shall be provided copies by the operator.
7. 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.
8. The carbon monoxide monitoring system shall be examined visually at least once each shift when miners are working underground. The monitoring system shall be inspected at intervals not exceeding seven (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 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 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 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 inoperative, a trained person shall patrol and monitor the area affected at least once each hour; 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 haulageway shall not exceed 1.0 mg/m3. Compliance with this requirement will be determined by establishing a designated area (DA) sampling location(s), within 15 feet outby the working section belt tailpiece and just outby any air split point introduced into the belt entry, and by sampling 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., 8119 for MMU 0110). Engineering controls shall be designed and maintained to ensure respirable dust levels in the conveyor belt entry at or below the applicable standard. These engineering controls shall be approved in the mine’s ventilation plan. Appropriate measures shall also be taken to prevent float dust entrainment.
12. A new conveyor-belt flammability test has been developed by MSHA. When compatible belting identified by MSHA as having passed the new flame-resistant test becomes commercially available, all subsequent belt purchases shall be of this improved type belting.
13. Permanent stoppings shall separate the belt conveyor haulageway from all other intake and return air courses. Permanent stoppings separating the belt conveyor haulageway from the primary escapeway and all other entries shall be continuous, except where air is point-fed into the belt conveyor haulageway.
Permanent stoppings shall be constructed using “Omega 384" block units in either of the two following construction methods.
a. Stoppings constructed using dry-stacked Omega 384 block and the joints coated on both sides of the wall with a 6-inch wide, minimum 1/8 inch thick coating of Bur-L-Bond (MSHA I.C. No. I.C.-18/3) or any other acceptable sealant for dry-stacked applications.
b. Stoppings constructed using dry-stacked Omega 384 block and the entire face coated, on both sides, with a minimum 1/8 inch coating of Bur-L-Bond (MSHA I.C. No. I.C.-18/3) or any other acceptable sealant for dry stacked applications.
Solid concrete blocks with mortared joints or dry stacked with coating of entire face on both sides also may be utilized.
Permanent stoppings shall be constructed in a workmanlike manner to minimize and restrict leakage. On going inspection and resealing shall be conducted to maintain the integrity of all permanent stoppings.
14. Belt point feed regulators are to be used for feeding intake air into the belt entry when necessary to maintain belt air ventilation. The following stipulations shall apply to all belt point feed regulators:
a. Before any regulator for point feeding is established, the exact location shall be submitted and approved by the District Manager.
b. The location of the point feed regulator shall not cause a false indication of the carbon monoxide content in the conveyor belt entry’s air course.
c. In each case where point feeding occurs, air flow direction shall be maintained from the intake into the belt at all times and be controlled by a regulator.
d. The regulator shall be a stopping with an opening that can be closed immediately in the event of an emergency. The opening shall not constitute a major portion of the stopping. A device to close the opening shall be in the immediate area.
e. All point feed regulators shall be shown on the current ventilation map.
f. The number of point feed regulators shall be minimized to the extent practical.
15. Maintaining the integrity of the primary intake escapeway is of the highest priority. The primary intake escapeway shall be maintained at a higher air pressure than any other intake aircourse (subject to the exception noted below). Every effort shall be made to maintain the conveyor belt entry at the lowest pressure of all other intake aircourses. If a restriction(s) pressurizes the conveyor belt entry to a greater pressure than that of the primary intake escapeway, efforts shall be undertaken to eliminate the restriction(s). In those limited cases where the restriction(s) cannot be eliminated, the imbalance shall be kept to the lowest attainable level.
Installation of ventilation control devices necessary to ensure proper direction of airflow in the conveyor belt entry shall be subject to approval in the mine’s ventilation plan.
16. The primary intake escapeway shall be maintained free of potential fire sources in accordance with the provisions of 30 CFR 75.380(f)(1) and (2). Battery powered equipment and electrical equipment shall be permitted in the primary intake escapeway provided such equipment is equipped with a fire suppression system installed and maintained in accordance with the applicable provisions of 30 CFR 75.1107-3 through 75.1107-16. Diesel-powered equipment shall be permitted in the primary intake escapeway provided such equipment is either equipped and maintained with a fire suppression system listed and approved by a nationally recognized independent testing laboratory and appropriate for installation on diesel-powered equipment or a fire suppression system installed and maintained in accordance with the applicable provisions of 30 CFR 75.1107-3 through 75.1107-16. Submersible pumps and small portable pumps (electrical and pneumatic) shall be permitted in the primary intake escapeway. When the primary intake escapeway is common with other intake air course(s) the stipulations of this Paragraph 16 shall apply to all intake air courses. Paragraph 16 does not relieve the operator from complying with any provision of 30 CFR 75.380 and 30 CFR 75.1107.
17. The operator shall develop and implement a special belt entry maintenance program to control combustibles and fire sources in the belt conveyor entries. The special belt entry maintenance program shall include measures that assure the following:
a. The fire suppression systems on each belt flight are properly inspected and maintained operable at all times.
b. Discharge rollers, tail rollers, drive rollers, and other integral components of the belt system are maintained in accordance with the manufacturer’s recommended maintenance schedule.
c. Electric installations located in the conveyor belt haulageways are maintained and cleaned.
d. Belt rollers are properly inspected, maintained and replaced.
e. The complete conveyor belt system is maintained in safe operating condition.
18. A mine phone shall be located in the primary intake escapeway entry on each working section. Also, to enhance communications in an emergency, the transmission cable for this phone shall be installed in the primary intake escapeway from the point where the working section adjoins the main entries to its furthest extent inby. The transmission cable for the phone system located in the main entries shall not be required to be moved from its current location.
19. If the return air course is utilized as a secondary escapeway, it shall be provided with a directional type life line from the working section to the surface opening or escape facility.
20. In addition to the requirements under 30 CFR 75.362(b), a certified person shall determine whether the air is traveling in its proper direction and its normal volume along each belt conveyor haulageway where a belt conveyor is operated. This determination shall be made at locations along each belt conveyor haulageway that are representative of normal entry dimensions. A record shall be made of this examination in a book kept on the surface for that purpose.
21. If at any time telephone communications are interrupted, a person shall be dispatched immediately for the purpose of investigation and repair. (It is understood that additional persons and/or material may be necessary to accomplish the task.)
22. During the pre-shift and/or on-shift examination of the conveyor belt entries that are used to course intake air to the working faces, a list shall be made during each such examination identifying those belt rollers that either are defective or have the potential of creating a hazardous condition. Those conveyor belt rollers that have been identified shall be replaced or removed from service immediately.
23. During each pre-shift and/or on-shift examination of the conveyor belt entries that are used to course intake air to the working faces, accumulations of loose coal and/or float coal dust detected and identified during such examinations shall be documented, reported and cleaned. An effort shall be made to promptly clear all items pertaining to accumulations documented and/or recorded on the pre-shift or on-shift examinations by the end of the shift following their documentation in the books. In those instances where the accumulations of loose coal and/or float coal dust have the potential of creating an immediately hazardous condition, those conditions shall be corrected immediately.
24. Zeigler No. 11 may study and test the feasibility of utilizing diesel discriminating carbon monoxide sensors to comply with all the terms and conditions of this Proposed Decision and Order applying to early warning fire detection (This would include a test area or areas of side-by-side comparisons.) The proposal for testing discriminating sensors shall be submitted to MSHA for approval by the District Manager as part of the mine ventilation plan. During the testing period, all of the terms and conditions of this Proposed Decision and Order shall remain in effect except those terms and conditions applying to early warning fire detection modified by MSHA in the approved ventilation plan to enable the test to be conducted. When it has been demonstrated to MSHA that a system utilizing diesel discriminating sensors is as effective as a conventional carbon monoxide monitoring system, the details of such system shall be incorporated into the approved ventilation plan and shall be used to comply with the terms and conditions of this Proposed Decision and Order.
25. Administrative controls shall be developed establishing procedures for planning and communication of activities (including but not limited to welding, cutting, and the use of diesel equipment) which are known to result in elevated carbon monoxide levels which do not present a hazard to the miners working inby. Diesel equipment operators are to be trained as to carbon monoxide sensor locations to assure minimal exposure of the sensors to diesel gases. These administrative controls shall include notification of the miners on the working section(s) and the responsible personnel on duty on the surface when activities, such as cutting and welding occur and when diesel equipment is operated in air currents affecting the section(s) being ventilated with belt air. Diesel equipment operators are to be trained to have knowledge of the effects of diesel gases on carbon monoxide sensors. The training for diesel equipment operators shall also include carbon monoxide sensor locations so as to minimize false alarms, instructions not to idle machines near carbon monoxide sensors, that diesel equipment should be only be stopped at a distance away from the sensor to allow the carbon monoxide time to dilute, measuring diesel emissions, and routine maintenance to prevent or lower excessive diesel emissions.
26. A “Wall of Water” fire suppression system shall be installed just inby the belt take-up segment of each belt drive located in belt entries utilized to course intake air to a working place. The system shall utilize a spray bar system that will encompass the top and both sides of the conveyor belt. The system shall be heat or manually activated to provide a “wall of water” around the conveyor belt. The “wall of water” is not meant as a reference to any particular system that may be manufactured by a specific company. A functional test of this system shall be performed monthly and a record kept of such examinations.
27. 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.
28. 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.
29. 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
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