In the matter of Petition for Modification
Barrick Goldstrike Mines, Inc.
Barrick Goldstrike Mine
I.D. No. 26–01089 Docket No. M-97-02-M
BACKGROUND
On March 14, 1997, a petition was filed by Barrick Goldstrike Mines, Inc. seeking a modification of the application of 30 CFR §56.6309(b) to its Barrick Goldstrike Mine located in Elko, Elko County, Nevada. The petitioner alleged that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection as afforded by the standard.
Standard 56.6309 Fuel oil requirements for ANFO, provides:
(a) Liquid hydrocarbon fuels with flash points lower than that of No. 2 diesel oil (125° F) shall not be used to prepare ammonium nitratefuel oil, except that diesel fuels with flash points no lower than 100° F may be used at ambient air temperatures below 45° F.
(b) Waste oil, including crankcase oil, shall not be used to prepare ammonium nitratefuel oil.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings and recommendations with the Administrator for Metal and Nonmetal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendations, a Proposed Decision and Order was issued on October 21, 1997 granting the petitioner’s request.
The Petitioner filed a partial appeal under 30 CFR 44.14(c) on the testing requirements and frequency to be performed on the waste oil, and ammonium nitrate mixture as well as on the reporting requirements for blasting misfires set forth in paragraphs 11 and 16 of the Administrator’s October 21, 1997 Proposed Decision and Order granting the petition.
MSHA conducted a careful review of Petitioner Barrick Goldstrike Mines, Inc.’s questions and requests for clarifications as stated in the request for hearing concerning particular conditions stated in these paragraphs. Over the last several months, periodic conferences were held between the parties on these matters. Further technical review by MSHA of the petition as a whole occurred in order to evaluate whether any changes or clarifications in petition requirements would offer the equivalent safety to the miners as afforded under existing standards. Both parties have agreed that the terms and conditions described in paragraphs 11 and 16 of the original proposed order be deleted and replaced with the agreed to stipulations for paragraphs 11 and 16 as stated in this amended proposed decision and order. On November 3, 1998, Counsel for the Administrator, James B. Crawford with the concurrence of Counsel for Barrick Goldstrike Mines, Inc., William I. Althen, submitted a motion to remand. On November 10, 1998, the Administrative Law Judge remanded the petition for modification proceeding to the Administrator.
Based on the foregoing, the Administrator concludes that appropriate changes and clarifications may be effectively incorporated as part of this amended proposed decision and order pursuant to 30 C.F.R. 44.53 since changed circumstances and findings relating to more accurate testing procedures exist.
FINDING OF FACT AND CONCLUSION OF LAW
The alternative method set forth in this Amended Proposed Decision and Order will at all times guarantee no less than the same measure of protection afforded miners under 30 CFR §56.6309(b) by ensuring that only waste (used) oils meeting certain conditions will be mixed with fuel oil and prills to form an ammonium nitrate fuel oil (ANFO) blend. Compliance with this Amended Proposed Decision and Order entitles Barrick Goldstrike Mines, Inc. to a modification of the application of 30 CFR §56.6309(b) to its Barrick Goldstrike Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. Section 811(c), it is ordered that a modification of the application of 30 CFR §56.6309(b) to Barrick Goldstrike Mines, Inc. as it pertains to an alternative method of preparing ANFO at its Barrick Goldstrike Mine is hereby:
GRANTED, conditioned upon compliance with the following:
1. Only waste (hereinafter "used oil"), petroleum-based, lubrication oil from diesel equipment at the Barrick Goldstrike Mine shall be recycled for blending with fuel oil and conventional prills to create a blasting agent. Synthetic lubricants, esters, solvents, or emulsion type hydraulic fluids shall not be utilized in lieu of used oil. The used oil shall not contain any hazardous waste material listed in 40 C.F.R. §261 (1994).
2. The used oil shall be initially stored in a bulk tank established in a spill containment area and used exclusively for this purpose. Prior to being blended with No. 2 diesel fuel or being stored in the bulk tank the oil shall be filtered to insure it has no larger particle size than 150 microns. The filters shall be cleaned or replaced immediately after the used oil has been recycled or when the pressure differential across the filtering system reaches or exceeds 50 pounds per square inch (PSI).
The filtering system pump shall be maintained in a functional condition when oil is in the system and will regulate flow such that no used oil passes into the bulk storage tank when a pressure differential of 50 PSI is reached or exceeded across the filtering system.
3. The oil (hereinafter "recycled oil") in the bulk storage tank shall, after it is filtered and meets the specifications provided in Condition No. 4, shall have no other products added except for No. 2 diesel fuel.
4. (a) Tests or analysis shall be conducted on each bulk storage tank of recycled oil, after the entire contents are thoroughly mixed, prior to its blending with No. 2 diesel fuel, to ensure that the oil meets the following limits:
Arsenic -- 5 ppm maximum
Benzene -- 25 ppm maximum
Cadmium -- 2 ppm maximum
Chromium -- 10 ppm maximum
Lead -- 100 ppm maximum
Total Halogens -- 1,000 ppm maximum
Flash Point -- 100°-125° F minimum*
*See condition No. 4(b)
(b) A flash point test shall be done on each batch of recycled oil using the open or closed cup ASTM method. Each batch shall have a minimum flash point of 100° Fahrenheit when the ambient air temperature is below 45° Fahrenheit. A minimum flash point of 125° Fahrenheit shall be maintained if the ambient air temperature is above 45° Fahrenheit.
(c) Any batch of recycled oil exceeding the above limits shall not be blended with No. 2 diesel fuel and shall be removed from the mine site.
(d) If the above limits are lowered by MSHA or another Federal Agency after the effective date of this Proposed Decision and Order, the Petitioner shall submit a new procedure which could accommodate the new lower limits or submit justification as to why a new procedure would be unnecessary. This request shall be submitted to the Administrator for Metal and Nonmetal Mine Safety and Health within sixty days after the effective date of the new regulation(s).
5. The recycled oil shall be checked for ethylene glycol and water prior to blending with the diesel fuel. If observed in the tank sight tube or sight glass, water or ethylene glycol shall be drained prior to mixing the recycled oil with the diesel fuel.
6. During mixing, the recycled oil shall be continuously mixed with the diesel fuel to ensure a thorough blending. Once mixed with diesel fuel, the recycled oil and diesel fuel (hereinafter "blended oil") shall be considered a batch. The batch of blended oil shall not exceed 50% (by volume) recycled oil.
7. The blended oil shall not be modified by heating, the addition of additives (excluding the No. 2 diesel fuel), or in any other way that could change the relevant properties of the oil.
High viscosity oils of 90W or above shall be restricted to less than 10% of the total quantity of the recycled oil in each storage tank.
8. Tests for ethylene glycol and water content shall be made by drawing a sample from representative batches of blended oil at no less than 30 day intervals. If either substance is observed by vision or tests of the blended oil, use of the oil shall be discontinued until the ethylene glycol and/or water is drained.
9. Viscosity tests of the blended oil shall be taken at ambient outside temperatures before the oil is pumped into the ANFO truck and mixed with the prills. Use of the blended oil shall be suspended when it becomes too viscous to obtain proper absorption, at least 6 percent fuel by weight, in the prills.
Additional diesel fuel may be added to the blended oil and thoroughly mixed to obtain the proper absorption.
10. Only conventional ammonium nitrate prills shall be used with the blended oil.
11. Each new batch of blended oil shall be tested for sensitivity when combined with ammonium nitrate, prior to any ANFO being loaded in any drill hole in accordance with the following provisions:
(a) The petitioner shall conduct one test per batch for sensitivity of the blended oil and ammonium nitrate prills to a No. 8 strength USA detonator. UN Test 15.4.1 test 5(a); cap sensitivity test substituting a number 8 USA cap as the detonator shall be the standard for this test. A copy of the UN Test 15.4.1 is attached.
(b) During the period of the first thirty (30) days of use of blended oil, the petitioner shall perform one "glass jar test" each day for each truck used by the petitioner that day to load holes for blasting. Records of such tests shall be maintained by the petitioner and shall be available for review by MSHA's District Manager and/or the District Manager's designee. A copy of the "glass jar test" is attached.
(c) If the results of the glass jar tests performed during the initial thirty (30) day period in Paragraph 11(b) are satisfactory to MSHA, after the period of the first thirty (30) days of use of blended oil, one glass jar test per batch shall be performed for each truck used by the petitioner to load holes for blasting from that batch. If unsatisfactory results occur, the MSHA District Manager shall determine the test procedures and frequency to be implemented by Barrick.
12. The ANFO shall be transported and used in a closed system which prevents skin contact, inhalation of vapors and ingestion of the product. Personal protective equipment worn by employees who handle the ANFO mixture, as required by 30 CFR §56.15006, shall be maintained to ensure the intended protection and shall be decontaminated after each use.
13. The ANFO shall not be used in confined spaces or underground blasting operations. The ANFO shall be used only on Goldstrike Mine property and shall not be sold or transferred to other mine properties.
14. The petitioner shall maintain a daily "load" and "shot" report detailing all holes loaded and shots fired which contain the ANFO.
15. Emulsions (heavy ANFO) shall not be used with the recycled oil unless the emulsion manufacturer certifies compatibility of the product with the oil.
16. Misfires/hangfires which are reasonably suspected to have been caused by the blended oil shall be reported to the MSHA District Manager in a timely manner. During the period of the first thirty (30) days of using blended oil, all misfires/hangfires shall be reported to MSHA's District Manager within forty-eight (48) hours.
17. A key-operated lockout system shall be provided and utilized at the control box for each oil storage tank to prevent unauthorized tampering. Only properly trained and authorized personnel shall have keys to operate the lockout system.
This condition does not apply to the exit gate valve during ANFO preparation.
18. Material Safety Data Sheets (MSDS) for the used oil and No. 2 diesel fuel shall be maintained at the Goldstrike Mine.
19. A log shall be maintained for each batch of used oil at the Goldstrike Mine for three years and made available to MSHA and the miners’ representative upon request. The following information shall be recorded:
a) the date and quantity (in gallons) of used oil transferred to the recycled oil bulk tank;
b) Condition No. 4(a) - test results in PPM;
c) Condition No. 4(b) - test results in degrees Fahrenheit;
d) Condition No. 6 - ratio of diesel fuel to recycled oil for each batch, the blending date, and the quantity (in gallons) of each batch ingredient;
e) Condition No. 9 - viscosity test results;
f) Condition No. 11 - sensitivity test results including whether or not the sample detonated;
g) Condition No. 14 - "load" and "shot" reports - these records will note the date(s) of loading, the date(s) of blasting, quantities of ANFO or emulsions used, weather conditions, detonation methods, the borehole size(s), the use of plastic hole liners, and the number and location of any misfires within the round (shot);
h) Condition No. 15 - emulsion manufacturer's certification of compatibility; and
I) Condition No. 16 - records of misfires and hangfires.
20. The design drawing entitled (Drill Waste Oil and Blending Facility) and (Waste Oil Diesel Mix System) both dated May 16, 1996 shall be followed. The design drawing shall be maintained and updated, if appropriate, annually by the petitioner. This drawing shall be made available to MSHA and the miners representative upon request.
21. The used/recycled oil/ANFO facility shall not be placed into operation until:
(a) an on-site inspection is conducted by MSHA representatives;
(b) the MSHA Western District Manager has reviewed and approved the inspection report; and
(c) the attached documents, entitled "Operating Plan For The Use Of Used Oil In The Manufacture Of Ammonium Nitrate Fuel Oil(ANFO),” shall be maintained and updated, if deemed appropriate by the petitioner, annually. Updated or revised documents shall be submitted for review and approval in writing, prior to implementation, by the MSHA Western District Manager. The documents shall be made available to MSHA and the miners’ representative upon request.
22. Within 30 days after this Amended Proposed Decision and Order becomes final, the Petitioner shall submit written revisions to their 30 CFR Part 48 training plan for review and approval by the MSHA Western District Manager. The revisions shall include an updated task training section incorporating the conditions specified in this Amended Proposed Decision and Order.
Future revisions or appropriate changes to the MSHA Part 48 training plan regarding the ANFO/used oil deemed appropriate by the Petitioner shall be reviewed and approved in writing by the MSHA Western District Manager prior to implementation by the Petitioner.
Any party to this action desiring a hearing must file a request for hearing, in accordance with 30 CFR §44.14, within 30 days of this Amended Proposed Decision and Order, with the Administrator for Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203. Unless a request for a hearing of this Amended Proposed Decision and Order is filed within 30 days, this Amended Proposed Decision and Order will become final pursuant to 30 CFR §44.13(b).
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 and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition.
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, this Amended Proposed Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
This granted petition for Modification is subject to review by the Administrator for Metal and Nonmetal Mine Safety and Health and may be revised if a change in circumstances occurs, or findings which originally supported the terms or conditions of this granted modification are no longer valid.
Edward C. Hugler
Acting Administrator for
Metal and Nonmetal Mine Safety and Health