In the matter of Petition for Modification
Webster County Coal Corporation
Dotiki Mine
I.D. No. 15-02132 Docket No. M-98-051-C
PROPOSED DECISION AND ORDER
On May 1, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's Dotiki Mine, located in Webster County, Kentucky.
The petitioner alleges approximately 3,900 feet of intake aircourse has become unsafe for mine examiners to travel and that the air entering or leaving the aircourse has not ventilated any worked out areas. Immediately upon leaving the petitioned area the air is used to ventilate seven underground mine seals before entering a main mine return aircourse.
On October 16, 1998, the petitioner filed an amendment to the petition requesting that the proposed alternative method utilize hand-held gas detection devices to conduct weekly evaluations of air quality at two representative monitoring stations rather than install sensors for the continuous monitoring of methane and oxygen content.
The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the amended alternative method proposed in the petition 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 amended petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b)(1) 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.
The petitioner’s initial proposed alternative method consists of weekly examinations at two monitoring stations using hand held gas to monitor the air quality entering and leaving approximately 3900 feet of an aircourse which had become unsafe for mine examiners to travel during weekly examinations. MSHA’s investigation confirmed the area to have deteriorated roof and roof falls rendering the aircourse unsafe for travel and essentially impractical to rehabilitate. The investigation confirmed that two monitoring locations, through which all of the air entering the aircourse and leaving the aircourse, were available to effectively evaluate the area and that at no location along the aircourse were there ventilated worked out areas or sealed areas from which methane or oxygen deficient air could be released. The air entering and leaving has not ventilated any working face or worked out area and, after leaving the petitioned area, ventilates seven mine seals before being discharged into the mine’s main returns. However, air quantity readings taken during the investigation indicate substantial leakage exists through the ventilation controls creating the aircourse. That leakage decreased the airflow in the petitioned aircourse, with the leakage increasing airflow in the adjacent belt entry. Therefore, MSHA has included a requirement to monitor the level of leakage and to conduct a weekly examination of ventilation controls to prevent possible reversal of airflow in the petitioned aircourse should a ventilation control(s) fail.
On the basis of the petition and the findings of MSHA's investigation, Webster County Coal Corporation is granted a modification of the application of 30 CFR 75.364(b)(1) to its Dotiki 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 Webster County Coal Corporation’s Petition for Modification of the application of 30 CFR 75.364(b)(1) in the Dotiki Mine is hereby:
GRANTED, for the examination of approximately 3900 feet of unsafe-to-travel air course between the Dotiki II Slope and the “A” Seals, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations in the South East Mains which allow effective evaluation of air flow through the air split used to ventilate the “A” Seals shall be established as follows (See attached drawing of South East Mains):
(a) A monitoring station located approximately 60 feet east of survey spad No. 6016 shall monitor the air entering the petitioned aircourse.
(b) A monitoring station located approximately 100 feet northeast of survey spad No. 6665 shall monitor the air exiting the air course before it ventilates the “A” Seals.
2. Signs showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry.
3. Evaluations shall be conducted by a certified person at each of the monitoring stations weekly. The evaluations shall include the quantity and quality of air entering or exiting the monitoring station. The evaluation shall also include a determination of the aircourse's leakage, defined and measured as stated in paragraph 8 below. These air measurements shall be made using MSHA approved and calibrated hand-held multi-gas detectors to check the methane and oxygen gas concentrations and appropriate, calibrated anemometers to check air flow volume. In addition, weekly examination of each permanent ventilation control separating the petitioned air course form the South East Mains belt haulage entry shall be conducted and the stoppings and overcasts maintained to minimize leakage.
4. A diagram showing the normal direction of the air flow shall be posted at the monitoring stations The diagram shall be maintained in legible condition and any change in air flow direction shall be reported to the mine foreman for immediate investigation.
5. The date, initials of the examiner, time and the measured quantity and quality of air shall be recorded in a book, or on a date board, that shall be provided at the monitoring stations. Such results, including the condition of the permanent ventilation controls (2 overcasts and 64 stoppings) creating the aircourse, shall also be recorded in a book kept on the surface and made accessible to all interested parties.
6. All monitoring station(s) and approaches to monitoring station(s) shall, at all times, be maintained in a 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. Special attention shall be given to maintaining the access for weekly examination of the “A” Seals.
7. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for intake air. An increase of 0.5 per centum methane above the last previous methane reading or a 10 percent change in air flow quantity shall cause an immediate investigation of the affected area. The results of the investigation shall be immediately reported to the mine foreman.
8. The aircourse's initial leakage shall be determined during the first evaluation following implementation of this modification. Leakage is defined as the discrepancy between the air quantity entering and exiting the aircourse, as measured at the monitoring stations. A 10 percent change from the initial leakage in the aircourse shall cause immediate examination of all permanent ventilation structures. Damaged stoppings or other ventilation structures shall be repaired or replaced to minimize leakage. Following repairs a new “initial leakage” shall be determined and serve as the basis for subsequent evaluations.
9. The monitoring station location(s) shall be shown on the annually submitted mine ventilation map. The stations shall not be moved to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine. Should roof deterioration render the “A” Seals inaccessible, the District Manager is authorized to move the downwind monitoring station and require installation of sensors for the continuous monitoring of air quality during the period necessary for the mine operator to rehabilitate the area or submit of a petition for modification of 30 CFR 75.364(b)(4) and (c)(3).
10. Prior to implementing this modification, all mine personnel shall be instructed that, except along designated routes, no travel into the petitioned area shall be permitted 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 conduct investigations and correct problems with air flow detected through the monitoring process and all such work will be done under the supervision of an authorized person. All persons who work in the area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
11. 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 include initial and refresher training regarding compliance with this 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