In the matter of Petition for Modification
Tanoma Mining Company,Inc.
Tanoma Mine
I.D. No. 36-06967 Docket No.M-97-034-C
Date Issued: 05/15/1998
PROPOSED DECISION AND ORDER
On March 6, 1997, Tanoma Mining Company filed a petition to amend a granted modification for 30 CFR 75.326 for the petitioner’s Tanoma Mine, located in Indiana County, Pennsylvania. The modification was granted pursuant to a Decision and Order accepting terms of Consent Agreement (Case No. 91-MSA-29 for Docket No. M-90-078-C, issued July 20, 1995, and finalized August 19,1995.
On November 16, 1992, new regulations governing this petition for modification became effective. See 57 FR 20868, May 15, 1992. As a result, the provisions of former 30 CFR 75.326 are now required by 30 CFR 75.350 and the existing modification of 30 CFR 75.326 is considered by the agency as a modification of 30 CFR 75.350.
On October 1, 1997, Petitioner submitted a request to amend the March 6 petition by changing the terms of Paragraph 1 (B) of the Decision and Order to read in part, “The proposal is to maintain a carbon monoxide sensor between one hundred-fifty (150) and one hundred-sixty (160) feet from the inby end of the Rigid Frame Module (RFM) rather than 75 feet as required in the present petition”. Petitioner also requested that Page 3 of the proposed petition amendment be deleted. The Petitioner alleges that the proposed alternative method 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 October 1 amendment, and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
On August 19, 1995, Tanoma Mining Company was granted a modification of 30 CFR 75.350 (Docket No. M-90-078-C) pursuant to a Consent Agreement Between Parties (Case No. 91-MSA-29). A companion modification of 30 CFR 75.1103-4(a) was granted on July 6, 1991. These modifications allow the use of belt air to ventilate working faces as long as a low-level carbon monoxide early warning fire detection system is installed to monitor belt lines in the Tanoma Mine. The modifications addressed the use of the low-level carbon monoxide early warning fire detection system while the Tanoma Mine was being developed, but did not address the use of carbon monoxide sensors for fire protection while the mine was performing retreat or second mining. Tanoma Mining Company now wishes to perform secondary mining at the Tanoma Mine and to use the belt air to ventilate the working face. The Tanoma Mine uses a continuous belt haulage system to haul coal from the face. The terms and conditions as specified in paragraph 1 (B) of the consent agreement, would place the inby sensor, as the investigation indicated, within 150 feet of the pillar line during retreat or secondary mining. This is not allowed pursuant to 75.1002-1 (a), since the carbon monoxide monitoring system, including the required sensor(s) in use at the Tanoma Mine, is not permissible or intrinsically safe electrical equipment.
MSHA conducted an investigation to determine whether the proposed amendment would provide the same level of safety as the original Decision and Order accepting the terms of Consent Agreement dated July 20, 1995, finalized August 19, 1995. The investigation found that the terms of Paragraph 1 (B) can be changed to allow the inby-most carbon monoxide sensor to be located between 150 to 160 feet outby the inby end of the Rigid Frame Module (RFM), replacing the 75 feet from the inby end of the RFM requirement in the original consent agreement, without reducing the measure of protection provided to miners by the modification. Therefore, the low level carbon monoxide monitor system at Tanoma Mine can continue be used to monitor for fire protection which allows the use of belt air at the working face during development mining and/or while secondary mining is taking place. No other terms or conditions of the August 19, 1995, Consent Agreement have been changed or altered except for the reference to 30 CFR 75.350 instead of 30 CFR 75.326.
This Proposed Decision and Order (Docket No. M-97-034-C), once final, shall supersede Decision and Order accepting the terms of Consent Agreement for Docket No. M-90-078-C that was issued July 20, 1994 and finalized August 19, 1995.
On the basis of the petition and the findings from MSHA's investigation, Tanoma Mining Company, Inc. is granted a modification of the application of 30 CFR 75.350 to its Tanoma Mine.
ORDER
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 Tanoma Mining Company, Inc.’s Petition for Modification of the application of 30 CFR 75.350 in the Tanoma Mine is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. The carbon monoxide monitoring system shall be installed and maintained as follows:
A. Carbon monoxide sensors shall be installed in all belt entries in which air coursed through the belt entry is used to ventilate active working places.
B. The carbon monoxide sensors shall be located so that the air is monitored within 12 inches of the roof, near the center of the entry, and at locations between 50 feet and 100 feet downwind of each belt drive/belt takeup and tailpiece. Sensors shall also be installed at intervals not to exceed 1,000 feet along each conveyor belt. The sensors located at the section tailpiece shall be between 25 and 50 feet downwind of the tailpiece, on the same split of air. For continuous haulage sections, where RFM conveyor belt structure is used, one sensor shall be installed at the outby end of the RFM, within 12 inches of the roof, near the center of the entry, and one sensor shall be installed not less than 150 feet outby nor more than 160 feet outby from the inby end of the RFM and may be located closer to the rib to protect it from mobile equipment. The length of the RFM shall not exceed 300 feet.
C. Where a belt drive discharges onto a belt conveyor tailpiece as a continuation of a belt conveyor or haulage system and the belt drive, belt take-up and the tailpiece are on the same split of air, only one carbon monoxide sensor shall be required at this location. It shall be installed within 12 inches of the roof, near the center of the entry, between 50 and 100 feet downwind of the drive, belt take-up, and tailpiece on the same split of air.
D. No carbon monoxide sensor or any other electrical component of the early warning fire detection system addressed by this PDO is to be installed in return air or at any location requiring permissible or intrinsically safe electrical equipment.
E. If the mine purchases and installs a Atmospheric Monitoring System designed for and capable of accommodating permissible or intrinsically safe sensors, the District Manager shall be notified prior to installation and approve the use of the system as supplemental information to the Mine Ventilation Plan required under 30 CFR 75.370 as complying with the terms and conditions of this PDO.
2. The velocity of air in the belt conveyor entry shall be a minimum of 50 feet a minute and have a definite and distinct movement in the designated direction. The average velocity shall be limited to 250 feet per minute measured over any 500 foot distance. The only exception to the above cap is in the Main A, Main C and Main E belt entries in which the velocity shall be limited to 500 feet per minute. In the event that additional Main Entries are developed in the future the operator and the local union mine health and safety committee may agree to belt air velocities up to, but not exceeding 500 feet per minute for Main Belt Entries only, with the District Manager’s approval. Velocity measurements will be taken in areas that are representative of normal mining heights for that area.
3. The carbon monoxide monitoring system shall be capable of providing both visual and audible alarm signals. A visual or audible alert signal shall be activated when the Carbon monoxide level at any sensor is 3 ppm above the ambient level for the mine and a visual and audible alarm signal distinguishable from the alert signal shall be activated when the carbon monoxide level is 6 ppm above the ambient level for the Main A, Main C and Main E areas which are using a velocity up to 500 foot per minute and 10 ppm above the ambient level in all other areas with a velocity of 250 foot per minute or less. All parties agree that the ambient for the mine is 1ppm Carbon Monoxide. When diesel equipment is being utilized the Carbon Monoxide Monitoring System shall be enhanced to allow for a three minute time delay for sensor alerts and alarms throughout the mine.
When the carbon monoxide monitoring system gives an audible or visual alert signal at 3ppm above the ambient, a responsible person on the surface shall immediately notify the section foreman in the affected area and appropriate action shall be taken to determine the cause of the actuation. If the cause of the actuation is found to be a hazard to the miners, all miners shall immediately be withdrawn to a safe area outby the sensor(s) activating the alert signal.
When the carbon monoxide system gives an audible and visual alarm on the section at 6 ppm above the ambient for areas with 500 feet per minute air velocity and 10 ppm above the ambient for areas with 250 feet per minute air velocity, all persons shall immediately be withdrawn to a safe area outby the sensor(s) activating the alarm, unless the cause is known not to be a hazard to the miners. The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revised to specify the action to be taken to determine the cause of the alert and alarm signals, the location(s) for withdrawal of miners for each alarm signal, the steps to be taken after the cause of an alert signal is determined, and the procedures to be followed if an alarm signal is activated. The procedures shall include responses to alerts and alarms, system malfunctions, mine ventilation failure, and other emergency alarms which may not involve elevated carbon monoxide levels. 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 1 year. This record shall be separate and not included with other records and shall be available to all interested persons.
4. The local union health and safety committee members and other responsible persons, as referred to in this agreement, shall 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.
The carbon monoxide monitoring system shall activate the alert and alarm signals at a surface location at the mine, where a responsible person is on duty at all times when miners are underground. This person shall be located so that the alert and alarm signals can be seen or heard if carbon monoxide reaches the levels established in item 3. This person shall have two-way communications with all working sections. When the established alert and alarm levels are reached, the person shall notify all working sections and other personnel who may be endangered. This person shall be trained in the operation of the carbon monoxide monitoring system and in the proper procedures to be followed in the event of an emergency or malfunction, and in that event, shall take appropriate action immediately. In addition, sensors located from the mouth of the section (where it branches off the main or sub-mains) to the section loading point shall activate the audible and visual signal on the working section if carbon monoxide reaches the established alarm level. In the initial development of a section, the sensors for a distance of 4,000 feet outby the section loading point shall activate the section alarms. In the development of mains and sub-mains all outby sensors on that split of air shall activate the section alarms.
5. Administrative controls shall be developed establishing procedures for planning and communication of activities which are known to result in elevated carbon monoxide levels which do not present a hazard to miners. Diesel equipment operators are to be trained and have knowledge of carbon monoxide sensor locations to assure minimal exposure of sensors to diesel gases.
6. The carbon monoxide monitoring system shall be examined visually at least once each coal-producing shift and tested for functional operation at intervals not exceeding 7 days to ensure the monitoring system is functioning properly and that required maintenance is being performed. The monitoring system shall be calibrated with known concentrations of carbon monoxide and air mixtures at intervals not exceeding 30 calendar days. A record of all inspections shall be maintained on the surface. The inspection record shall show the time and date of each weekly inspection, monthly calibration, and all maintenance performed on the system.
7. If at any time the carbon monoxide monitoring system or any portion of the system required by this petition has been de-energized for reasons such as routine maintenance or failure of a sensor unit, the belt conveyor may continue to operate provided the affected portion of the belt conveyor entry is continuously patrolled and monitored for carbon monoxide by a qualified person in the following manner until the monitoring system is returned to normal operation:
A. If one sensor becomes inoperative, a qualified person shall monitor at that location;
B. If two or more adjacent sensors become inoperative, a qualified person shall patrol and monitor the areas affected at least once each hour; and
C. If the complete system becomes inoperative, a sufficient number of qualified person(s) shall patrol and monitor the belt entries of the mine, which are in operation, whereby the entire belt haulage entries will be traveled each hour in their entirety. For inoperative belts, a qualified persons shall also be located at each section dumping point at the end of any inoperative belt conveyor(s) and monitor for carbon monoxide or belts shall be patrolled as previously described. Monitoring or patrolling of inoperative belt entries shall only be required for the first four (4) continuous hours after the belt becomes inoperative or in the event that cutting, burning or welding activities are conducted in the inoperative belt entry, for the first four (4) continuous hours after the cutting, burning or welding is completed. Each of these qualified persons shall be trained in the procedures to be followed, have two way communication with the responsible person on the surface (This requirement may be satisfied through the installation of stationary mine phones at distances not exceeding 1,000 feet where no track is present and every 2,000 feet where track is installed) and be provided with a hand-held carbon monoxide detection device. A carbon monoxide detection device shall also be available for use on each working section in the event the monitoring system is de-energized or fails.
The procedure outlined above is applicable only for a short period of time, to be determined by the reasonable amount of time it takes 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 corrected or repaired. The responsible person on the surface shall immediately establish two-way communication by telephone with the working section(s) and notify them of the particular malfunction(s) or problem(s).
8. The carbon monoxide system shall be capable of monitoring electrical continuity and detecting electrical malfunctions such as electrical shorts and open circuits, ground-faults and, where appropriate, pneumatic malfunctions in the system.
9. The carbon monoxide monitoring system shall be capable of identifying any activated sensors. A map or schematic identifying each belt flight and the details for the monitoring system shall be posted at the mine.
10. 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, except when power is removed during a fan stoppage or the belt haulageway is examined as provided in 30 CFR 75.11034(e)(1) and (2).
11. The details for the fire detection system including, but not limited to, type of monitor and specific sensor location on the mine map 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 monitors to be installed as part of said plan to insure the safety of the miners.
12. 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 section belt tailpiece or 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 operator's Ventilation Plan with a four-digit number beginning with 8, ending with 9 (i.e., 8119 MMU 0110).
13. The permanent stoppings separating the conveyor belt entries from the intake escapeway shall be specifically approved in the Ventilation Plan for the mine. In addition, the belt entry shall be separated by permanent stoppings from all other intake and return entries, except as specified in the MSHA Approved Ventilation Plan. In any exempted areas, where common entries with the belt entry are permitted, additional CO sensors shall be staggered in the common entries at approximately midway between belt entry sensor locations.
14. A new conveyor-belt flammability test has been developed by MSHA. When compatible belting identified and approved by MSHA as having passed the new flame-resistant test becomes commercially available, all subsequent belt purchases shall be of this improved type belting.
15. The Primary Intake Escapeway shall be maintained free of potential fire sources, such as diesel-powered, battery-powered, and electrical equipment, except for equipment used to perform rehabilitation and maintenance. Such equipment shall be equipped with a fire suppression system installed and maintained in accordance with the provisions of 30 CFR 75.1107-3 through 75.1107-16 and shall also comply with 75.380 when operated in the Primary Intake Escapeway to perform rehabilitation and maintenance. Equipment, equipped with a fire suppression system installed and maintained in accordance with applicable provisions of 30 CFR 75.1107-3 through 75.1107-16, and 75.380 (f)(2) that is necessary to transport miners and supplies to and from the working sections may also be operated in the intake escapeway, in the area from each section’s track supply base inby to the section.
16. Maintaining the integrity of the primary intake escapeway is of the highest priority. The primary intake escapeway shall be maintained at a higher quantity than any other intake aircourses. Every effort shall be made to maintain the conveyor belt entry at the lowest pressure of all other intake aircourses. In all new developments, the means of achieving compliance with these criteria shall be accomplished through design, configuration, proper planning and installation of the ventilation system. 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 pressure imbalance shall be kept to the lowest attainable level to protect the integrity of the primary intake escapeway.
Management shall make every reasonable effort to comply with the above provisions subject to State and Federal approval if required.
17. 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. Such drills and instructions thereafter are to be conducted at least once every 90 days or more frequently if additional drills are required by the District Manager.
18. A mine phone shall be located in the Primary Intake Escapeway Entry on each working section. Also to enhance communications during an emergency, the transmission cable for this phone shall be installed in the Primary Intake Escapeway. From the Main C Escape Capsule to the Portal and in sections C-5, C-7, C-10, and C-12 the transmission cable/phone may be located in the belt or track entry, provided that a mine phone that is capable of communicating with all working sections is provided at the surface location of the Main C Escape Capsule.
19. The operator shall develop and implement a special belt entry inspection and maintenance program for the control of combustibles and fire sources in the belt entries.
20. If the return aircourse is utilized as the secondary escapeway, it shall be provided with a directional type life line from the working section to the surface opening, or for the distance for which it is being used as a secondary escapeway.
21. Prior to implementing the alternative method and using the belt entries to ventilate working faces, 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 Agreement.
22. At least 60 days prior to this Agreement being implemented at the mine, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the Agreement.
23. This Agreement will be contingent upon the use of continuous haulage as the primary mining system, and the development of rooms no greater than 3,000 feet in length.
24. If regulations are subsequently promulgated that supersede the requirements of 30 CFR 75.350, the standards contained in such regulations will be applied at the mine, unless it is determined by the Secretary or his Representative, after opportunity for input from the UMWA and Tanoma, that the alternative method contained in the Agreement will at all times guarantee no less than the same measure of protection afforded by the subsequently promulgated standard.
This decision granting a modification of 30 CFR 75.350 is based upon circumstances at the mine at the time of issuance of this decision. If a change in circumstances occurs and MSHA determines that the reason(s) for granting relief from compliance with the mandatory safety standard is no longer valid, MSHA will take appropriate steps to revoke the Petition for Modification in accordance with 30 CFR 44.52.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days, a request 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