In the matter of Petition for Modification
Jim Walter Resources, Inc.
No. 4 Mine
I.D. No. 01-01247 Docket No. M-1999-021-C
PROPOSED DECISION AND ORDER
On March 17, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's No. 4 Mine, located in Tuscaloosa County, Alabama. 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.
Specifically, the petitioner alleges approximately 2,000 feet of return aircourse have become unsafe for mine examiners to travel and that the proposed alternative method of having a certified person take air quantity and quality measurements at monitoring points, inby and outby the unsafe-for-travel aircourse segment, will provide the same measure of protection as the standard. The inby monitoring points are immediately upwind of a set of four mine seals at the mouth of A Panel off of 3 East and, after traveling through the petitioned area, the air stream travels to the return fan shaft.
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 is issued.
Finding of Fact and Conclusion of Law
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.
The petitioner's proposed alternative method consists of certified persons making examinations at three inlet monitoring points and three outlet monitoring points where measurements of the air quality and quantity entering and leaving the petitioned aircourse are to be collected.
MSHA's investigation confirmed that approximately 2,000 feet of the return aircourse has deteriorated roof and roof falls rendering the aircourse unsafe for travel and essentially impractical to rehabilitate. In addition, the investigation also confirmed that the inlet monitoring points were accessible. However, due to water accumulations, the outlet monitoring points proposed in the petition required relocation to higher elevations which resulted in the need for six outlet monitoring locations. These six monitoring stations no longer allow direct measurement of the airflow leaving the petitioned area because additional air flow is introduced. The air flow in the first four entries / monitoring stations includes air introduced from outside the petitioned air course requiring the quantities from the fifth entry and the crosscut between the fifth and sixth entries be subtracted from the totals to determine the quantity of air leaving the petitioned aircourse segment. These nine monitoring points, through which all of the air entering the aircourse and leaving the aircourse can be calculated, are available to effectively evaluate the petitioned area.
However, A Panel off of 3 East is a sealed area from which methane or oxygen deficient air could be released into the aircourse. Thus, the air leaving the petitioned area has also ventilated the four mine seals isolating an unventilated, sealed area of the mine. To ensure that the downwind air quality measurements are representative of the aircourse and not degraded by air escaping the sealed area, the weekly examination and air measurements at the seals required under 30 CFR 75.364(b)(4) and (c)(3) must continue.
Air quality measurements taken during the investigation indicate that while the 12 to 14 ventilation controls
which direct air through the petitioned area are in good repair, they are not easily accessed and are not examined during preshift or weekly examinations. The relatively close balance of the amounts of air entering and leaving the aircourse supports a conclusion that the ventilation controls are in good condition because no substantial leakage exists. However, because these stoppings are not examined, MSHA has included requirements to monitor the level of leakage.
In addition, the air quality measurements taken during the investigation show the aircourse to carry measurable and signficant quantities of methane gas. Therefore, the accumulation of methane in the petitioned area or migration of methane to the aircourses from the sealed area could occur should the airflow be restricted by additional roof falls or short circuited by failure of ventilation controls creating the aircourse.For that reason, MSHA has required the air quantity and quality measurements conducted at monitoring stations be done daily so as to provide a more timely detection of reduced air flow or the presence of explosive or noxious gases.
On the basis of the petition and the findings of MSHA's investigation, Jim Walter Resources, Inc. is granted a modification of the application of 30 CFR 75.364(b)(2) to its No. 4 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 Jim Walter Resources, Inc.'s Petition for Modification of the application of 30 CFR 75.364(b)(2) in the No. 4 Mine is hereby:
GRANTED, for the examination of approximately 2,000 feet of unsafe-to-travel air course between Shafts 4-1 and 4-2 (Southern Area) and the Shaft 4-5 (Northern Area) which ventilates the A Panel off of 3 East mine seals, conditioned upon compliance with the following terms and conditions:
1. Nine monitoring stations in the return aircourse which allow effective evaluation of air flow through the air split used to ventilate A Panel off of 3 East mine seals 35 shall be established as follows:
(a) Three monitoring stations station located in headings Nos. 2 (between survey station Nos. 1288 and 1334), 3 (between survey station Nos. 1289 and 1335) and 4 (between survey station Nos. 1305 and 1342) shall monitor the air entering the petitioned aircourse.
(b) Six monitoring stations located in heading Nos. 1 (between survey station Nos. 2158 and 2195), 2 (between survey station Nos. 2119 and 2186), 3 (between survey station Nos. 2120 and 2183), 4 (between survey station Nos. 2135 and 2184), 5 (between survey station Nos. 2144 and 2185), and the crosscut between headings Nos. 5 and 6 (between survey station Nos. 2144 and 2516) shall monitor the air exiting the petitioned aircourse.
The sum of the air quantities measured in entries 1 through 4 less the air quantities measured in entries 5 and the crosscut between entries 5 and 6 is the air leaving the petitioned aircourse.
2. Signs showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry. The North Area monitoring stations and routes of travel to the monitoring stations shall be kept free of water accumulations an no water shall be pumped into the Northeast Gob area.
3. Evaluations shall be conducted by a certified person at each of the monitoring stations daily. 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.
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 accessible permanent ventilation controls 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 Nos. 30 through 35 mine seals.
7. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for return air. An increase of 0.5 per centrum 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.
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. The only exception to the above prohibitions shall be the maintenance of a safe travel route to the A Panel off of 3 East mine seals and to the downwind location so that the weekly examinations required by 30 CFR 75.364(b)(4) and (c)(3) can be conducted. 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.
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health