11/09/2022
In the matter of: Petition for Modification
Prairie State Generating Company LLC
Lively Grove Mine
I.D. No. 11-03193 Docket No. M-2021-046-C
PROPOSED AMENDED DECISION AND ORDER
On December 21, 2021, Prairie State Generating Company LLC, submitted a request to amend the terms and conditions of a modification granted under Docket No. M-2009-063- C, issued on October 19, 2010, and became final on November 18, 2010. The petition was filed seeking to amend a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Lively Grove Mine located in Washington County, Illinois. The Petitioner proposes an alternative method outlined in the petition that will at all times guarantee no less than the same measure of protection afforded by the standard.
The standard reads, in relevant part,
(b)(6) Service brakes that act on each wheel of the vehicle and that are designed such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in a complete loss of service braking capability;
The petitioner proposes an alternate method of modifying the equipment and providing additional training, in lieu of installing brakes on the front two wheels.
On February 22, 2022, MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Prairie State Generating Company LLC has operated the Lively Grove Mine since May 2008. The Lively Grove Mine is located near Marissa, in St. Clair County, Illinois 62257, and opens into the Herrin #6 coal seam with a slope for transport of miners and supplies in the lower portion, and a belt conveyor haulage located in the upper compartment of the slope. An intake air shaft is utilized for ventilation and primary escapeway; an exhaust shaft is equipped with two exhaust fans. The mine currently is operating eight MMU's and four fishtail ventilation production units. They utilize
Komatsu/Joy 14/27 continuous miners for extraction. Komatsu/Joy battery coal haulers transport coal from the working face to the belt conveyors. Belt conveyors transport the coal from each working section to the surface. The mine employs approximately 293 employees. The mine operates three production shifts per day, nine hours per shift, five days a week. The Lively Grove Mine is currently mining the Herrin #6 coal seam which is 78 inches (6.5 feet) high. Their current production at the mine is approximately 25,000 tons per day.
The mine uses rubber-tired diesel equipment to transport personnel and supplies down the slope and into the mine. The Getman Road grader that is the subject of this petition will be used to maintain the roadways traveled by the rubber-tired equipment. The coal seam is relatively flat in the areas mined currently.
The petitioner has requested from MSHA to amend proposed decision and order, Docket No. M-2009-063-C to add one additional Getman Road grader. The additional road grader is Getman Roadbuilder Model RDG-1004 Serial Number 6760. The MSHA engine approval number is 07-ENA0400007-1 for both machines.
Currently the PDO for Docket M-2009-063-C is for a six-wheeled Getman Roadbuilder, Model RDG-1504S (Serial Number 460-002). The grader is powered by a Mercedes- Benz diesel engine, Serial No. 0904798170. The MSHA engine approval number is 07- ENA070001.
The Getman Road Grader Model #RDG 1004, Serial Number 6760 was purchased to enable the operator to use two graders due to the extensive outreach of the mine.
The graders both have dual brake systems on the four rear wheels and are designed to prevent loss of braking due to a single component failure. Each of the brake systems features an accumulator pressure gauge and a low-pressure warning light. The graders are also provided with a spring applied, hydraulic release wet disc park and supplemental brake, transmission neutralizer and test button for park brake testing. The independent braking systems are designed to operate even when oil, air, electrical or transmission pressure fails.
The miners at Lively Grove Mine are not represented by a labor organization and a copy of the petition has been posted at the mine. All Miners Representatives have also been given a copy of the petition.
Two company personnel were interviewed during the investigation. The miners' representative along with two hourly maintenance employees were also interviewed during the investigation. All were aware of the petition and its content. All were in favor of the petition being granted including: Chad Dotson, Maintenance Manager; Todd Grounds, Compliance Manager; and Dale Pearman, Miners' Representative.
§ 75.1909(b)(6) provides that all self-propelled non-permissible diesel-powered equipment must have, in addition to all other requirements, service brakes that act on each wheel of the vehicle such that failure of any single component, except the brake actuation pedal or other similar actuation device, must not result in complete loss of service braking capability.
The petitioner proposes the following alternate method in lieu of the front wheel brakes on the Getman Roadbuilder, Model RDG-1004 Serial Number 6760, and the Getman Roadbuilder, Model RDG-1504S (Serial Number 460- 002), for use at the Lively Grove Mine.
1. Petitioner proposes to limit the speed of the diesel graders to 10 miles per hour (mph) in either direction. This will be accomplished by the following:
a) The shifter for each grader is permanently physically blocked to prevent the grader from being allowed to be put into 4th gear.
b) The transmission on each grader is modified internally so that the shifter cannot put the grader into 4th gear.
c) Operation of each road grader in gears one through three will limit the speed to 10 mph or less.
2. Road grader operators will be trained concerning the provisions of this Petition for Modification and this training will be documented on a 5000-23 form. Grader operator training will include, but not be limited to the following:
a) The braking limitations of each road grader.
b) Speed of each road grader is limited to 10 mph or less.
c) Fourth gear is not available for either road grader.
d) As the angle of a road or slope increases, speed should be reduced by operating at a lower gear.
e) As an alternate means to control the speed of either road grader, the moldboard can be lowered to the mine floor.
The alternative method proposed by Prairie State Generating Company LLC (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1909(b)(6). The diesel grader will be equipped with devices that limit speed to 10 mph and the grader operator(s) will be trained to recognize appropriate levels of speed for different road conditions and grades and be trained to lower the moldboard in emergency conditions. These terms
and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.
On the basis of the petition and the findings of MSHA's investigation, Prairie State Generating Company LLC is granted an amended modification of the application of 30 C.F.R.§ 75.1909(b)(6) to its Lively Grove Mine. The modification granted under Docket No. M- 2009-063-C will be superseded and replaced by this amended modification granted under Docket No. M-2021-046-C when this Proposed Amended Decision and Order becomes final.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Prairie State Generating Company LLC ’s Petition for Modification of the application of 30 C.F.R. § 75.1909(b)(6) in the Lively Grove Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. This Proposed Decision and Order is limited in application to the diesel- powered, six-wheeled Getman Roadbuilder, Model RGD-1504S, Serial Number 460-002 and the Getman Roadbuilder, Model RDG-1004, Serial Number 6760
2. The maximum speed on the diesel grader shall be limited to 10 mph by:
(a) Permanently blocking out any gear or any gear ratio that provides higher speeds. The device must limit the vehicle speed in both forward and reverse; or
(b) Using transmission(s) and differential(s) geared in accordance with the equipment manufacturer that limit(s) the maximum speed to 10 mph.
3. Prior to implementing the alternative method:
(a) The diesel graders must be inspected by MSHA to determine compliance with the terms and conditions of the Proposed Decision and Order.
(b) Grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes.
(c) Grader operators must be trained to lower the grader blade to provide additional stopping capability in emergencies.
(d) Grader operators must be trained to recognize the transmission gear blocking device and its proper application and requirements.
4. The grader must comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 C.F.R. Parts 75 and 77.
Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager. These revisions must specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5452.
If a hearing is requested, the request must 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 may 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.
Timothy R. Watkins,
Deputy Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 9th day of November, 2022, to:
Mr. Todd Grounds Compliance Manager Lively Grove Mine 4274 County Hwy. 12
Marissa, Illinois 62257
Mr. Chris Sullivan
Miners Representative
300 North Otey Street
Pittsburg, IL 62974
Mr. Trent Cross
Miners Representative
4274 County Hwy. 12
Marissa, IL 62257
Don Braenovich
Mine Safety and Health Specialist
cc: Ronnie Huff, Director; and Bill Patterson, OMM State Mine Inspector at Large Office of Mines and Minerals Illinois Dept. of Natural Resources One Natural Resources Way Springfield, IL 62702-1271
ronnie.huff@illinois.gov bill.patterson@illinois.gov