In the matter of Petition for Modification
Peabody Coal Company
Camp No. 11 Mine
I.D. No. 15-08357 Docket No. M-97-092-C
PROPOSED DECISION AND ORDER
On August 4, 1997, a petition was filed seeking a modification of the application of 30 CFR 75.364 to Petitioner's Camp No. 11 Mine, located in Union County, Kentucky. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The petitioner alleges that the roof falls and deteriorated roof in approximately 2,600 feet of a multi-entry aircourse used to ventilate electrical installations, a belt conveyor, and mine seals make the aircourse unsafe for mine examiners to travel. The petitioner also alleges that weekly monitoring of the air entering and leaving the inaccessible aircourse at monitoring stations would provide a safe method of evaluating the inaccessible area. Supplemental information provided through MSHA’s petition investigators further clarified that while the air entering and leaving the petitioned area had not ventilated a working section, nor a worked out area, the operator had proposed the aircourse be a designated return aircourse and that designation had been approved by the MSHA District Manager in the mine’s ventilation plan in accordance with 30 CFR 75.370. Therefore, the petition is being treated as requesting modification of 30 CFR 75.364(b)(2).
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 and MSHA's investigative report and recommendation, this Proposed Decision and Order (PDO) is issued.
Finding of Fact and Conclusion of Law
MSHA’s investigation confirmed that the approximately 2,600 feet of petitioned aircourse had experienced roof falls and severe deterioration such that the mine examiners could not safely travel through the area during the weekly examinations. Furthermore, the investigator concluded that the hazards to miners which would be experienced during rehabilitation of the area out-weighed the benefit of physically examining the area.
The investigation established that all 13 (necked down/reduced to 10) entries of 1st. Main Southwest are ventilated with intake air entering through two shafts and a slope. The petitioned area is a “designated return” approved by the MSHA District Manager. The aircourse was designated a return so that air from the slope and belt entries could be used to ventilate the electrical installations (battery charging stations) located near the slope bottom in conformance with the requirements of 30 CFR 75.340(a)(1)(i). The air used to ventilate the belt entry and three MAINEAST mine seals is directed to the return air shaft further to the southwest of the petitioned area. The mine has been granted a modification of the application of 30 CFR 75.350 to allow the use of belt air at the face. However, even though the conveyor belt is monitored by an Atmospheric Monitoring System (AMS), Carbon Monoxide (CO) fire detection system, the conveyor entry segment adjacent to the area petitioned under Docket No. M-97-092-C does not implement the belt air petition and none of the air is used to ventilate any working section.
MSHA’S investigation of the petitioned area also confirmed that the majority of the substantial air quantity flowing in the three common entries is forced to the entries in which the petitioner’s proposed monitoring stations are located by a combination of roof falls and ventilation controls. MSHA concludes that there is little likelihood of the petitioned aircourse accumulating methane or noxious gases or being blocked by mine pooled water. As a result, weekly examinations at the proposed monitoring stations, each equipped with appropriate AMS sensors, will provide adequate evaluation of the inaccessible area. MSHA also concludes that the proximity of the mine’s coal conveyor belt and electrical installations using the petitioned/designated return, warrants continuous monitoring of the air flowing through the inaccessible area. MSHA has added to the proposed alternative method, terms and conditions for the installation, calibration and maintenance of AMS sensors to continuously monitor methane and CO concentrations at the monitoring stations. In addition, during the weekly examinations at the monitoring stations, MSHA has added requirements that the certified mine examiner(s) will verify that: a) the airflow at the monitoring stations is at least 90 percent of the total air flow of the common entries or investigate appropriate corrective actions such as adding monitoring stations or constructing additional ventilation controls; b) that access to and at the monitoring stations remains safe for travel; c) that air flow direction into the aircourse through each of the belt entry or electrical equipment ventilation regulators is flowing in the proper direction; and, d) air quality and quantity measurements taken using hand-held detectors are consistent with the AMS sensor reading.
The petitioner and the local union/miner’s representative submitted comments on the investigation report and a preliminary draft of the MSHA amended alternative method. At the request of the local union and the petitioner, daily hazard examinations and gas checks using MSHA approved hand-held multi-gas detectors shall continue to be conducted by certified persons at the first three of seven MAINEAST seals. If a daily examination is conducted in accordance with the terms and conditions of this PDO, it can be used to satisfy the weekly examination requirements for the downwind monitoring station (EP Z). Also, at the commentors’ request and with the concurrence of the petition investigators, the requirement to continuously monitor oxygen content was removed. The monitoring station locations are such that reduced oxygen content is extremely unlikely, except at the downwind monitoring station, due to a seal failure. The daily examination of the first three seals and the weekly examination of the remaining four seals, adequately addresses that potential hazard. Also, MSHA accepts the commentors’ recommendation to increase the alert and alarm levels. MSHA has incorporated methane signal levels consistent with monitoring return air in accordance with 30 CFR 75.323 and retained the CO alert and alarm levels consistent with those used in the application of AMS in 30 CFR 75.351. MSHA has also incorporated authority for the District Manager to allow the use of a smoke detection sensor in place of a CO monitor at either monitoring station, should the off-gassing of hydrogen from battery charging stations cause false alarms.
Application of 30 CFR 75.364(b)(2) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
On the basis of the petition and the findings of MSHA's investigation, Peabody Coal Company is granted a modification of the application of 30 CFR 75.364(b)(2) to its Camp No. 11 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 Peabody Coal Company’s Petition for Modification of the application of 30 CFR 75.364(b)(2) in the Camp No. 11 Mine is hereby:
GRANTED, for continuous monitoring and weekly evaluation of air entering and leaving the 2,600 feet of unsafe- to-travel, designated return aircourse in 1st Main Southwest to which the electrical installations and belt conveyor entry near the slope bottom are ventilated, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations that allow evaluation of the designated return aircourse shall be established at the following locations:
a. One monitoring station where air enters the inaccessible area, in the No. 2 entry of 1st. Main Southeast across from and between belt entry route markers 4+60 and 3+90 (at the location identified by Petitioner as monitoring station EP Y). At a minimum, a sensor to continuously monitor CO concentrations shall also be located at this monitoring station. The District Manager is authorized to require methane sensors at this monitoring station should a determination be made that methane contamination from the belt entry justifies such monitoring.
b. One monitoring station where air leaves the inaccessible area, in the crosscut between entries Nos. 3 and 4 of MAINEAST across from and between belt entry route markers 31+20 and 30+50 (at the location identified by the petitioner as monitoring station EP Z). Sensors to monitor methane and CO concentrations shall be present at this monitoring station.
c. The AMS sensors shall be located such that the air flowing over the sensor is representative of the air flowing through the inaccessible common designated return entries.
2. A certified person shall:
a. Examine for hazardous conditions at the monitoring stations. The examinations shall be conducted at least every 7 days and include:
(i) examining for hazards on the approaches to and at the two monitoring stations;
(ii) visually examine the AMS sensors;
(iii) testing for the methane, oxygen and CO concentration and measuring air velocity and quantity at each of the monitoring stations; and,
(iv) determining if the air being continuously monitored is representative of the air moving through the common designated return aircourse entries;
(v) determining that air is flowing in the proper direction through each of the regulators controlling air flow into the designated return aircourse. This determination shall be made for the three regulators identified as ventilating the transformer, charging station and scoop charger near the shaft and slope bottom area and the belt air regulator near route marker 50+30; and
(vi) examining for hazardous conditions at the accessible MAINEAST Mine seals in accordance with the requirements of 30 CFR 75.364(b)(4) and visual examining of the ventilation controls (stoppings) between entries Nos. 3 and 4 which create the petitioned aircourse segment.
b. Determine, from the AMS surface location readouts, the carbon monoxide concentration or methane and carbon monoxide concentration from the sensors located at the monitoring stations. This determination shall be made daily, within 3 hours preceding the first operating shift and before anyone on that shift, including certified persons, enters any underground area ventilated by air that has ventilated the inaccessible designated return entries of 1st. Main Southwest.
c. Record the results of each weekly examination and each daily determination of air quality required by paragraphs 2(a) and (b) in a separate book on the surface which shall be available to all interested parties. The certification, record keeping, and retention period requirements of 30 CFR 75.364(g), (h), and (i) shall be met.
3. Daily examinations by certified persons of the first three seals of the seven MAINEAST Mine seals, as negotiated between the company and local union/miner’s representatives, shall continue. One such examination each week may replace the weekly examination for the down-wind monitoring station (EP Z), at the location described in Paragraph 1(b), provided all air quality and quantity measurements, hazard examinations on the route of travel and at the monitoring station and determinations that the airflow directions and quantities are completed and recorded as required by this PDO.
4. The continuous monitoring sensor locations as identified in Paragraph 1 shall be maintained representative of all the air flowing through the petitioned area in entries 1, 2, and 3 of 1st. Main Southwest by:
a. Measuring all of the airflow quantities at the monitoring station where air enters the aircourse (weekly measurements in each of three entries) and determining that the roof falls in entries No. 1 and 3 cause at least 90% of the total air flow to passes over the sensor(s) in entry No. 2; or,
b. constructing permanent ventilation controls (stoppings) in entries Nos. 1 and 3 of 1st. Main Southeast such that all air must flow over the sensor(s) in entry No. 2; and,
c. measuring air flow quantities at the monitoring station where airflow leaves the petitioned area in all open or regulated crosscuts in front of the MAINEAST seals and determining that at least 90% of the total air flow passes over the sensor(s); or,
d. constructing permanent ventilation controls (stoppings) in all open crosscuts except those in which the sensors are located.
5. An AMS meeting the minimum requirements of 30 CFR 75.351 shall be used to continuously monitor methane or methane and carbon monoxide at locations as specified in Paragraph 1. Should the CO sensors at the monitoring stations addressed by this PDO be affected by hydrogen off gassing from the batteries being charged so as to generate “false alerts or alarms”, the District Manager is authorized to require their replacement with approved smoke detectors meeting the requirements of 30 CFR 75.351. The replacement of CO sensors with smoke detectors, or the addition of smoke detection sensors and the elevating of alert and alarm levels for the CO sensors shall be addressed through the mine ventilation plan approval process under 30 CFR 75.370.
Sensors shall be tested and calibrated in accordance with 30 CFR 75.351(f) and the manufacturers’ recommendations. Manufacturers’ information concerning the calibration and accuracy of the sensors used shall be submitted to the District Manager as apart of the mine ventilation plan.
6. The AMS monitoring sensors for methane and carbon monoxide shall be capable of providing both visual and audible signals.
(a) A visual or audible alert signal shall be activated at the following levels:
Methane 1.0%
Carbon Monoxide* 5 ppm.
(b) A visual and audible alarm distinguishable from the alert signal shall be activated at the following levels:
Methane 1.5%
Carbon Monoxide* 10 ppm.
* above the established ambient level for the area
7. 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. Such revisions shall be approved by the District Manager. The response to methane sensor alert and alarm signals is specified by 30 CFR 75.323(b).
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.
8. Any time the District Manager determines that changes are necessary to ensure the air flowing over a monitoring station is representative of the air flow in the petitioned aircourse and adequate to assure that accumulations of methane do not exist, the District Manager is authorized by this PDO to require, through the mine ventilation plan approval process and in accordance with 30 CFR 75.370, :
(a) the relocation of monitoring stations or additional monitoring stations should further roof deterioration render the present locations no longer representative of the air flow ventilating the inaccessible mine seals;
(b) the installation of additional temporary or permanent ventilation controls and/or adjustments to the regulators, previously described, which control air flow in the petitioned aircourse, to force air across the AMS sensor equipped monitoring stations and to meet a 5,000 cfm minimum airflow requirement over the AMS sensor(s);
(c) reduction in the AMS sensor alert and alarm levels, except as noted in Paragraph 6; and
(d) the elimination of continuous monitoring using AMS sensors, where a minimum 50 fpm of air flow velocity across the sensors can not be ensured, and establishing daily examinations, including gas checks using MSHA approved hand-held multi-gas detectors, and air quantity measurements using appropriate and calibrated anemometers at the monitoring stations.
9. The permanent ventilation controls, monitoring stations and AMS sensor locations shall be shown on the annual mine ventilation map submitted in accordance with 30 CFR 75.372.
10. All monitoring stations and sensor locations and approaches to both station and sensors shall, at all times be maintained in safe condition. The roof shall be adequately supported by roof bolts or other suitable means to prevent deterioration of the roof in the vicinity of the stations.
11. A sign showing the safe travel route to each monitoring station shall be conspicuously displayed in the main intake haulage entry.
12. A diagram showing the normal direction of the air current flow in this area shall be posted at each monitoring station. Such diagram shall be maintained in a legible condition and shall show the cross sectional area to be used in calculating air quantities. The diagram shall also note for examiners that any change in air quantities resulting in air flow at AMS sensor equipped monitoring stations falling below 5,000 cfm shall be reported to the mine foreman for immediate investigation and the results of that investigation shall be immediately reported to MSHA.
13. Prior to implementing this PDO, an inspection shall be conducted by MSHA to ensure that the terms and conditions of this PDO have been complied with and that the miners have been trained in proper evacuation procedures, including instructions and drills in evacuation.
14. Prior to implementing this alternative method, all mine personnel will be instructed not to travel into petitioned aircourses except along designated routes and all other approaches shall be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry in the area shall be permitted only to investigate and correct problems with insufficient air flow or contaminates detected through the monitoring process and all such work shall be done under the supervision of an authorized person. All persons who work in this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
15. Within 60 days after this PDO 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 the conditions specified by the PDO.
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