In the matter of Petition for Modification
Drummond Company, Inc.
Shoal Creek Mine
I.D. No. 0102901 Docket No. M-97-068-C
Date Issued: 01/14/1998
PROPOSED DECISION AND ORDER
On May 29, 1997, a petition was filed seeking to amend the terms and conditions of a previously granted Proposed Decision and Order (Docket No. M-93-211-C, first issued March 2, 1995, and reissued as an Amended Proposed Decision and Order on April 22, 1996). The Petitioner's proposed amendment included deletion of the following language from paragraph 16 of the terms and conditions: “Restricting the primary intake escapeway or restricting the other intake aircourses is not acceptable under this provision.”
In addition, the petition was presented in the form of a draft Proposed Decision and Order and incorporated the use of MSHA/BOM developed tables instead of the USBM RI 9380 nomograph. On April 1, 1997, the United Mine Workers of America notified MSHA that the proposed changes to the terms and conditions had been reviewed by the union and requested that the letter be considered as a good faith representation that the UMWA would not contest the granting of the amendments provided that all of the terms and conditions remained the same as those in the attachment to the letter.
The Petitioner alleges that the alternative method outlined in these amendments and incorporated in the revised alternative method will at all times guarantee no less than the same measure of protection afforded by the standard.
After a careful review of the entire record, including the amendments and MSHA's original investigative reports for Docket No. M-93-211-C, MSHA investigation report of this proposed alternative method and recommendation, this Proposed Decision and Order is issued. When this PDO becomes final, it will supersede the PDO issued on April 22, 1996 for Docket No. M-93-211-C.
Finding of Fact and Conclusion of Law
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. This Proposed Decision and Order includes all previous revisions in Docket No. M-93-211-C, further revisions to paragraph 16, inclusion of the language and tables developed instead of the USBM RI 9380 nomograph, and has been agreed to by Drummond and the United Mine Workers of America with the exception of minor revisions by MSHA.
On the basis of the petition and the findings of MSHA's investigation, Drummond Company, Inc., is granted a modification of the application of 30 CFR 75.350 to its Shoal Creek 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 Drummond Company, Inc.'s Petition for Modification of the application of 30 CFR 75.350 in the Shoal Creek Mine is hereby:
GRANTED, for the use of belt air to ventilate active working sections, conditioned upon compliance with the following terms and conditions:
1. An early warning fire detection system (carbon monoxide detection system) shall be installed as follows:
(a) The carbon monoxide monitoring system shall be installed in all belt entries utilized as intake aircourses.
(b) The carbon monoxide monitoring sensors shall be located so that the air is monitored within the upper 1/3 of the entry. It is recognized that a layer of carbon monoxide against the roof would not be detected if the sensors are not located high enough. Therefore, sensors shall be located within 12 inches of the roof whenever possible. Sensors shall be located near the center of the entry and so positioned as not to expose persons to hazards during calibration and/or maintenance. Sensors shall not be located in areas where air flow patterns do not permit products of combustion to be carried to the sensors.
(c) Sensors shall be installed between 25 and 100 feet downwind of each belt drive, belt takeup and belt tailpiece in a location to prevent damage from mobile equipment, and at intervals 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.
(d) The velocity of air in the belt conveyor entry shall be at least 50 feet a minute and have a definite and distinct movement in the designated direction. The average velocity over any 500foot length in the belt conveyor entry shall be limited to 500 feet per minute, except that this average velocity shall not apply to the conveyor belt haulage along the slope. Measurements to obtain such average velocity shall be taken at three or more locations where the crosssectional area is generally representative of the crosssectional area of the entry within the 500foot distance. Such measurements shall not be taken at restricted areas at belt drives, belt takeups, overcasts or undercasts or at areas where the height of the entry is not generally representative of the height of the entry within the 500foot distance.
(e) Drummond will continue to study the feasibility of utilizing diesel discriminating carbon monoxide sensors in the belt entries as it relates to compatibility with the existing CO system.
2. The early warning fire detection system shall be designed as follows:
(a) The carbon monoxide monitoring system shall be capable of providing both visual and audible alarm signals. The audible and visual alarm devices on the sections shall be of a permissible type if installed in areas where permissible equipment is required by MSHA. These alarms devices shall be located so they can be seen or heard by the miners on the sections and at a location on the surface of the mine where responsible personnel will be on duty at all times when miners are underground.
(b) The alert and alarm settings for the mine shall be determined by adding the ambient level to the levels established in Tables 1-6 which are attached and incorporated in this Proposed Decision and Order. In addition, there will be a 90 day study designed and installed 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.
The carbon monoxide alert and alarm levels can be different for various areas in the mine. For example, settings in the main conveyor belt entries could be lower than settings in the mechanized mining sections due to the 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.
(c) The ambient level shall be determined by a method approved by MSHA, however, in no case shall it be greater than 5 ppm.
(d) When the carbon monoxide monitoring system gives a visual or audible alert signal at the alert level all persons in the same split of air shall immediately be notified and appropriate action shall be taken to determine the cause of the actuation. If within 15 minutes no report is received from persons making the investigation, or if an additional sensor goes into alert, all persons shall be withdrawn to a safe location outby the activated sensor(s) (except as provided in Item 4(a) below.
(e) When the carbon monoxide system gives a visual and audible signal at the alarm level, all persons in the same split(s) of air shall be immediately withdrawn to a safe location outby the sensor(s) activating the alarm, unless the cause is known not to be a hazard to the miners.
(f) When the carbon monoxide system gives an alert signal at shift change and after a qualified person(s) designated to investigate the source of the activation has started investigating, miners may be permitted to proceed to the sensor activating the alert signal but shall not be permitted to proceed past the sensor activating the alert signal until the qualified person(s) designated to investigate the source of the activation has determined the cause of the alert not to be a hazard to the miners.
When the carbon monoxide system gives an alarm at shift change, no one shall be permitted to enter the mine except qualified persons designated to investigate the source of 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.
(g) The mine evacuation plan required by 30 CFR 75.110123(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. These revisions shall be approved by the District Manager.
(h) 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 for easy access by interested persons.
3. The carbon monoxide monitoring system shall initiate the alert and alarm signals at the surface location at the mine where a responsible person is always on duty at all times when miners are underground. The 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 2. 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. The person 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 and, in that event, shall take appropriate action immediately.
In addition, section sensors located from the mouth of the section (where it branches off the main or submain entries) to the section loading point shall activate the alert and alarm warning devices on the working section if carbon monoxide reaches the established levels. In the initial development of a section, all sensors for a distance of 4,000 feet outby the section loading point shall activate the alert and alarm warning devices on the working section.
In the development of mains and submain entries, all outby sensors on this split of air shall activate the alert and alarm warning devices on the working section(s). During retreat longwall mining permissible-type section alarms shall be located at, or not further than, 25 feet from the stage loader.
4. Administrative controls.
(a) Administrative controls shall be developed establishing procedures for planning and communication of activities, which are known to result in elevated carbon monoxide levels and are not the result of a fire. Such activities include, but are not limited to, cutting and welding and use of diesel equipment in air currents affecting the section(s) being ventilated with belt air. Administrative controls shall include notifying miners on the working section(s) and the responsible personnel on duty on the surface when these activities are ongoing.
(b) All diesel-powered equipment operated in the mine shall be provided with a fire suppression system.
(c) Diesel equipment operators shall be trained on the effects of diesel emissions on carbon monoxide sensors, in order to minimize false alarms. Training shall include: identification of locations of carbon monoxide sensors; instructions on impact of idling machines near CO sensors; the importance of keeping diesel equipment stopped at a distance away from sensors to allow the carbon monoxide time to dilute; measurement of diesel emissions; and performance of routine maintenance to prevent or lower excessive diesel emissions.
(d) Where multiple diesel units are operated on an air split on the section, the quantity of ventilating air maintained in that air split shall be at least 100 percent of the air quantity specified on the approval plate of the diesel unit having the highest air requirement, plus 75 percent of the next highest approval plate air quantity, plus 50 percent of the approval plate air quantity of each additional diesel unit operating on the split of air.
This provision shall be superseded by the air quantity requirements developed in the 30 CFR Parts 7, Subpart Approval, Exhaust Gas Monitoring, and Safety Requirements for the Use of Diesel-Powered Equipment in Underground Coal Mines; Final Rule, first published in the Federal Register, Friday, October 25, 1996. Effective November 25, 1997, the requirements of 30 CFR 75.325(f) through (j) shall apply to all diesel equipment utilized in the mine.
5. The carbon monoxide monitoring system shall be examined visually at least once each coal producing shift and tested for proper functioning at intervals not exceeding 7 days to ensure the system is functioning properly and that required maintenance is being performed. The 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 and functional tests 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.
6. If at any time the carbon monoxide monitoring system or any portion of the system required by this modification has been deenergized 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 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(s) shall patrol and monitor the area affected at least once each 1/2 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 whereby the entire belt haulage entry will be traveled each hour in its entirety.
(d) 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 who is monitoring the system, and be provided with a handheld carbon monoxide detection device. A carbon monoxide detection device shall also be available for use on each section in the event the system is deenergized or fails. Monitoring with handheld instruments is a temporary measure and shall not be used in lieu of the carbon monoxide monitoring system described in this modification.
(e) The procedure outlined above is applicable only for a short period of time and is 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 replaced or repaired. The responsible person on the surface shall immediately establish twoway communication by telephone with the working section(s) and notify them of the particular malfunction(s) or problem(s).
(f) The records of alert and alarm signal activations and actions taken shall be made available to the miners' representative. Upon request, the miners representative shall be provided copies by the operator.
7. The carbon monoxide monitoring system shall be capable of monitoring electrical continuity and detecting electrical malfunctions such as electrical shorts and open circuits, groundfaults and, where appropriate, pneumatic malfunctions in the system.
8. The carbon monoxide monitoring system shall be capable of identifying any activated sensor. A map or schematic identifying each belt flight and the details for the system shall be posted or displayed on the video terminal at the mine.
9. 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).
10. The details for the carbon monoxide monitoring 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 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 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.
Once the Proposed Decision and Order becomes final, the DA's established under this section shall replace comparable DA's specified in the Ventilation Plan. The specific DA sampling location shall be identified in the operator's 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).
12. Permanent stoppings shall separate the belt conveyor haulageway from all other intake and return aircourses. Permanent stoppings separating the belt conveyor haulageway from the primary escapeway and all other entries shall be continuous, except where air is pointfed into the belt conveyor haulageway.
13. Permanent stoppings shall be constructed using "Omega 384" block units in either of the two following construction regimes.
(a) Stoppings constructed using drystacked Omega 384 block and coating the joints on both sides of the wall with 6 inch wide, minimum 1/8inch thick coating of BurLBond (MSHA I.C. No. I.C.18/3) or any other sealant accepted by MSHA for drystacked applications.
(b) Stoppings constructed using drystacked Omega 384 block and coating the entire face, on both sides, with a minimum 1/8inch coating of BurLBond (MSHA I.C. No. I.C.18/3) or any other sealant accepted by MSHA for drystacked applications
Solid concrete blocks with mortared joints or drystacked with coating of the entire face on both sides can also be utilized.
If a stopping material and construction method is developed that is equivalent to a stopping constructed with 8-inch solid concrete block, dry stack and coated on both sides with an MSHA-accepted strength-enhancing sealant, it may be utilized for the construction of ventilation controls provided:
(1) The material and construction method proposed has been tested in accordance with ASTM E72-80 Section 12-transverse load-specimen vertical, load only; the results of these tests have been provided to MSHA; and, the construction method has been approved by the District Manager, and
(2) The material and construction method proposed results in a ventilation control that will provide protection against flame spread for at least 1-hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent.
Ventilation controls constructed of sheet metal panels, such as Kennedy stoppings, or hollow-core concrete blocks shall not be used, except that normal metal overcasts and metal panels for regulators may be used.
Permanent stoppings shall be constructed in a workmanlike manner to minimize and restrict leakage. Ongoing inspection and resealing shall be established 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 constructed, the exact location shall be submitted and approved in writing by the District Manager.
(b) The location of the point feed regulator shall be at least 100 feet from the nearest inby carbon monoxide sensor located in the conveyer belt entry. This is to prevent a false indication of the carbon monoxide content in the belt entry aircourse.
(c) At each point feed, air flow direction shall be maintained from the intake into the belt entry at all times, and controlled by an intake regulator.
(d) The regulator shall consist of a stopping with openings 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 ventilation map.
(f) The number of point feed regulators shall be minimized to the extent practical.
15. A "Wall of Water" fire suppression system shall be installed and maintained operable just inby each drive assembly (drive, takeup, discharge roller, belt winder and other mechanical mechanisms) and located near the center of the pillar.
The "Wall of Water" fire suppression system shall be installed in the following manner.
The wall of water fire suppression system shall consist of a minimum of a 2inch galvanized pipe installed in the belt entry on each side of the belt with a 3/4-inch spray every six inches across the top pipe which is 2 feet wider than the belt frame. For example, a 60-inch
belt requires the installation of a 96-inch top pipe and the vertical pipe made of 2-inch pipe with a 3/8-inch spray on 6-inch centers on both sides of the pipe. On one side, the sprays are aimed toward the belt, and, on the other side, the sprays are aimed toward the coal ribs. The length of the vertical pipe depends upon the height of the entry. This system does encapsulate the belt in a wall of water plus sprays a full wall on both ribs of coal. The water supply shall maintain a minimum operating pressure of 120 PSI and a static pressure of 200 PSI at the farthest spray in the system. The system shall be designed to be activated manually from the primary intake escapeway and also automatically by the carbon monoxide monitoring system. A functional test of this system shall be performed monthly and a record kept of such examinations.
16. Maintaining the integrity of the primary 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, except the A-4 continuous miner section, 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 in the primary 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 escapeway.
In continuous miner unit A-4, prior design and development will not assure a lower ventilating pressure in the belt line while utilizing belt air as intake. On A-4, carbon monoxide or smoke sensors will be located at intervals not exceeding 500 feet. Management shall make every reasonable effort to minimize a higher pressure differential in the belt entries. This section will be the only exception to the pressure differential required above.
Management shall make every reasonable effort to comply with the above provision subject to State and Federal approval, if required.
17. The primary escapeway shall be maintained in accordance with 30 CFR 75.380. Equipment necessary to maintain the entry in safe and travelable condition may be used in the escapeway. Mobile equipment used in the escapeway for this purpose, must be equipped with a fire suppression system installed and maintained in accordance 30 CFR 75.380 (f)(2).
When the primary escapeway is common with other intake aircourse(s) the stipulation of this section shall apply to all these common intake aircourses.
18. The operator shall develop and implement a special belt entry maintenance program to control combustibles and fire sources in the belt conveyor entries. A special belt entry maintenance program shall be established to ensure that all components of the conveyor belt system are maintained in safe operating condition in accordance with the manufacturer's recommended maintenance schedule.
19. A mine phone shall be located in the primary 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 escapeway.
20. Prior to implementing the alternative method, the carbon monoxide monitoring system shall be inspected by MSHA and be fully operational and in compliance with the terms and conditions of this modification.
21. If the return aircourse is utilized as an alternate escapeway, it shall be provided with a directional type life line from the working section to the surface opening or escape facility.
22. 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 in its normal quantity along each belt conveyor haulageway where a belt conveyor is operated. This determination shall be made at various locations along each belt conveyor haulageway. A record shall be made of this examination in a book kept on the surface for that purpose.
23. If at any time telephone communications are interrupted, a qualified person shall be dispatched immediately to investigate and repair the telephone if necessary.
24. Before conveyor belt haulage entries are used to ventilate working places, all employees shall be trained in the general function of the carbon monoxide monitoring system and in proper evacuation procedures, including instructions in precautions to be taken for escape through smoke. Such drills and instructions shall be conducted in conjunction with the fire drills required by 30 CFR 75.110123(c). Retraining shall be conducted annually and on an as needed basis to update any changes in procedure or technology. Special, detailed training shall be provided to the Mine Health and Safety Committees on all aspects of this modification, as well as on the systems involved and any applicable manufacturers' recommendations.
25. 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.
The exception to this stipulation is the conveyor belting on the slope provided that the fire suppression system currently installed along the slope conveyor system is maintained operable at all times.
This Fire Suppression System shall utilize a 6 inch water line from the slope collar to the slope bottom and a 4 inch water line from the slope collar to the head house with fire stands every 24 feet over both segments. This system shall have automatic or manual activation capability.
26. 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 Coal Mine Safety and Health 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