Petition for Modification
Consolidation Coal Company
Rend Lake
I.D. No. 11-00601
Docket No. M-1999-023-C
30 CFR 75.364(b)(2)
PROPOSED DECISION AND ORDER
On March 22, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's Rend Lake Mine, located in Jefferson County, Illinois. 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 requiring the weekly examinations of approximately 500 feet of the West Side return aircourse of the 2 West Mains into the North Mains exposes examiners to the hazards of roof and rib fall from deteriorated roof and rib conditions. Further, the only reason for traveling the return during examinations is to make air quality measurements. Petitioner asserts that an evaluation of the aircourse at two monitoring stations using air quality and quantity measurements taken by a certified person will provide the same measure of protection as traveling the aircourse segment.
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 willresult in a diminution of safety to the miners and the special terms and conditions set out below will provide a safe work environment for the miners.
MSHA's petition investigation confirmed that the petitioned aircourse has experienced severe deterioration and roof falls which have rendered the aircourse inaccessible for examination and unsafe for travel by mine examiners. However, the investigators found that at the petitioner's proposed monitoring station locations, they could not measure the total air volume entering or leaving the area. To measure the air entering the area from the 2 West Mains would require that evaluation point "A" be moved inby to about station 98+00 in the 2 West Mains. Also, a third station would need to be located in the line of overcasts beginning at about 51+00 in the North Mains. This additional station is necessary to measure the air flowing south in the petitioned area. To measure the air leaving the area would require moving evaluation point "B" outby the proposed location shown in the crosscut and into the entries approaching point "B". MSHA's investigation indicated that a monitoring station in each of the common entries where air enters and leaves or installation of ventilation controls in all but one of the common entries to force all of the air entering or leaving over the monitoring station are needed.
MSHA's investigators provided information that the air traveling the petitioned aircourse segment has ventilated numerous mine seals and, even though oxygen deficiency and methane were not detected at the time of investigation, either daily evaluation at the monitoring stations or continuous monitoring with Atmospheric Monitoring System (AMS) oxygen and methane sensors would be needed to protect miners. In addition, the investigator indicated that the No. 17 through 19 Mine seals can be safely accessed and are being examined in accordance with 30 CFR 75.364(b)(4) and (c)(3). These seals are inside the petitioned area and the investigators recommend that access should be maintained and such examinations should continued.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b)(2) to its Rend Lake 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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(2) in the Rend Lake Mine is hereby:
GRANTED, for the unsafe-to-travel segment (approximately 250 feet) of the 2 West Mains and North Mains return aircourse, conditioned upon compliance with the following terms and conditions:
1. Seven monitoring stations which allow effective evaluation of the air entering and leaving the unsafe-to-travel segment of the return aircourse shall be established at the following locations:
(a) In each of the three (3) common entries of 2 West Mains south side return entries, near Station 9+00, to monitor air entering the unsafe-to-travel segment of the 2 West Mains south side return entries. (MSHA relocated Evaluation Point A)
(b) In each of the three (3) common entries of the west side return entries of North Mains near Station 41+00, to monitor air leaving the unsafe-to-travel segment of the aircourse. (MSHA relocated Evaluation Point B)
· In the line of overcasts beginning at about Station 51+00 in the west side return entries of the North Mains to measure the volume of air flowing south into the petitioned area. (MSHA additional Evaluation Point C)
· The number of monitoring stations can be reduced to one at each end of the petitioned area at Evaluation Points A and B if ventilation controls (permanent stoppings) are constructed in two of three common entries forcing all of the airflow into the single open entry.
2. Daily evaluations shall be conducted by a certified person at each of the monitoring stations (three monitoring stations at each of Evaluation Points A and B and one at C). The evaluation shall include measurement of the quality and quantity of air entering or leaving the monitoring station. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall be made using an appropriately calibrated anemometer.
3. The weekly examination by a certified person of mine seals Nos. 17 through 19 shall be conducted and their condition evaluated and recorded as a part of the evaluation of the petitioned aircourse.
4. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.
5. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity at any monitoring station shall cause an immediate investigation of the affected area.
Any difference in the quantities and qualities of air flows, or a change in the air flow directions, shall also be reported to the mine foreman.
6. A diagram and/or enlarged map showing the normal direction of the air flow shall be posted at each monitoring station. The diagram shall be maintained in legible condition.
7. 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 shall be recorded in a book kept on the surface and made available to all interested parties. In addition, the conditions on the approaches to and of mine seals Nos. 17 through 19 and air quality measurements resulting from their weekly examinations shall be recorded in the book.
8. All monitoring stations and approaches to monitoring stations 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. Precautions shall be taken to ensure that roof falls and restrictions do not impede air flow or the travel to the monitoring stations and mine seals Nos. 17 through 19.
9. The monitoring stations locations and representative air quantity and quality measurements for each monitoring station location shall be shown on the annually submitted mine ventilation map (30 CFR 75.372). Station locations shall not be eliminated or moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine. Should access to mine seals Nos. 17 through 19 become unsafe-for-travel, the District Manager is authorized to establish a monitoring station at a location at which the airflow ventilating the seals can be evaluated. Such evaluation system shall utilize continuous monitoring for oxygen and methane concentrations using AMS sensors and weekly evaluations at the monitoring stations. The mine operator shall immediately request the Administrator for Coal Mine Safety and Health to amend this Proposed Decision and Order to address the evaluation of inaccessible mine seals.
10. Prior to implementing this Proposed Decision and Order, all personnel shall be instructed that no travel into the petitioned aircourse segment shall be permitted and all other approaches shall be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry into the area shall be permitted only to investigate and correct problems with air flow detected through the monitoring process. All such work shall 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 provision of 30 CFR 751101-23 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 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.
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health