Petition for Modification
Consolidation Coal Company
Shoemaker Mine
I.D. No. 46-01436
Docket No. M-1999-055-C
30 CFR 75.364(b)(4)
PROPOSED DECISION AND ORDER
On May 24, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Shoemaker Mine, located in Marshall County, West Virginia. The Petitioner alleges that the proposed alternative method will provide the same measure of protection to miners as the standard.
Petitioner alleges that the access to the 1-North mine seals Nos. 1 through 8 has deteriorated such that it is unsafe for mine examiners to travel to and physically examine those seals. The petitioner proposed weekly evaluations at two monitoring stations. A certified person would make air quality and quantity measurements at those stations where air enters the area to ventilate the mine seals. The petitioner also noted that the No. 3 mine seal of old 1-North has already been granted a modification of 30 CFR 75.364(b)(4) for weekly evaluations under Docket No. M-96-007-C issued March 13, 1997, and finalized April 12, 1997.
Because the monitoring stations are located immediately off of the mine's portal belt slope and rail haulage entry and the inaccessible mine seals are approximately 300 feet from those monitoring stations, the requested modification includes an inaccessible designated return aircourse and the inaccessible 1-North mine seals. Therefore, the requested modification is being treated as a request to modify 30 CFR 75.364(b)(2) and (4).
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
Application of 30 CFR 75.364(b)(2) and (4) to the subject mine will result in a diminution of safety to the miners and the alternative method (as amended by MSHA) provides a safe work environment for the miners.
The Petitioner described the access to the No. 1 through 8 seals, and the roof falls and deteriorated roof and rib on the access to those seals, as making the area impassible. Further, this deteriorated roof condition and its location make rehabilitation of the area extremely difficult, hazardous and expensive. MSHA's investigators for Docket No. M-96-007-C elaborated upon the condition by indicating that the roof and rib deterioration and roof and floor closure have reduced the travelway to the seals from the original entry size of 15.5 feet wide by 6.5 feet high to a travelway 3 to 4 feet wide by 3.5 to 5.5 feet high. The severity of deterioration is such that the roof fall cannot safely be cleaned up and the roof re-supported because there is no place to dispose of the material
and heavy manual labor in such an environment is extremely hazardous. The alternative is to bring in mechanized equipment and rehabilitate a much larger area, regrading floor and/or taking down and rebolting roof. This can also be extremely hazardous work. It is therefore MSHA's belief that to rehabilitate the area and thereby allow compliance with the standard would be a diminution of safety to miners as compared to using the proposed alternative method (as amended by MSHA) of examining the No. 3 seal. MSHA's investigation for M- 1999-055-C revealed additional deterioration rendering access to all eight 1-North mine seals unsafe-for-travel.
The possibility that seal deterioration may not be detectible until the seal has failed is addressed by the sealed area vent bore hole which prevents a pressurized build up of methane or oxygen deficient air behind the seals. Further, the close proximity of the Browns Run Shaft will immediately capture and remove from the mine the air released by a failed seal.
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) and (4) to its Shoemaker Mine. When this PDO becomes final, it shall supercede the PDO issued March 13, 1997, and finalized April 12, 1997, for Docket No. M-96-
007-C.
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) and (4) in the Shoemaker Mine is hereby:
GRANTED, for evaluation of the designated return aircourse and the eight 1-North mine seals, conditioned upon compliance with the following terms and conditions:
1. Three monitoring stations which allow partial and indirect evaluation of the condition of the inaccessible designated return entry and inaccessible 1-North mine seals, Nos. 1 through 8 near Browns Run Shaft, shall be established at the following locations:
a) Monitoring station No. 1, in No. 2 entry of 1-North, 200 feet outby No. 2 seal, to monitor the blowing air stream entering the designated return entry before ventilating seals Nos. 1 through 5.
b) Monitoring station No. 2, in the connecting crosscut between No. 8 seal of 1-North and No. 1 entry of Mains East, to monitor the blowing air stream entering the designated return entry before ventilating seals Nos. 8 through 6.
c) Monitoring station No. 3, on the surface at Browns Run Air Shaft, to monitor the combined air flow of the designated return air courses immediately following ventilating the 1-North mine seals.
2. Daily evaluations shall be conducted by a certified person at each of the underground stations. Each evaluation shall include measurements of the quantity and quality of air entering or leaving the monitoring station. Air quality measurements shall determine the air methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall use an appropriate, calibrated anemometer. The daily evaluations shall include an examination for hazards along the route(s) of travel to each monitoring station and at the monitoring stations.
3. Weekly evaluations shall be conducted by a certified person at Browns Run Air Shaft. The evaluation at this location shall only measure the quantity and quality of air flow in both compartments of the shaft. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall use and appropriate, calibrated anemometer.
4. The measurement of air quality and quantity at the three monitoring stations also serves to comply with the requirements of 30 CFR 75.364(c)(2) and (3) for the designated return aircourses and 1-North seals.
5. Signs showing the safe travel route(s) to the underground monitoring stations shall be conspicuously posted in an adjacent travel entry.
6. A diagram showing the normal direction of the air flow shall be posted at the underground monitoring stations. The diagram shall be maintained in legible condition.
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 or a decrease of 0.5 per centrum oxygen as compared to the last previous readings at the monitoring shall cause an immediate investigation of the affected area or any change in air flow direction or a 10 percent change in air flow quantity shall be reported to the mine foreman for immediate investigation. The changes in air flow quality and quantity and direction of air flow at any monitoring station shall be the basis of an evaluation to determine the condition of the 1-North seals. Should airflow quantities increase at the Browns Run Shaft to become greater than at the combined airflow at the two underground monitoring stations, one or more of the mine seals or other ventilation controls may be damaged or failed.
8. 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 underground monitoring stations. Such results, including the weekly air shaft evaluations, shall also be recorded in a book kept on the surface and made accessible to all interested parties.
9. All monitoring station(s) and approaches to monitoring station(s) shall, at all times, be maintained in a safe condition. For the two underground monitoring stations, 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.
10. The examiners of Browns Run Air Shaft monitoring station shall be provided with appropriate fall protection equipment, probes and extension handles for air measurements, and appropriate personal protective equipment when making the required examinations.
11. The monitoring station location(s) and air quantity and quality measurements shall be shown on the annual submitted mine ventilation map submitted in accordance with 30 CFR 75.372. 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. New locations must provide meaningful evaluation of air quality and quantity. In addition, the District Manager may require continuous monitoring with Atmospheric Monitoring System sensors at the Browns Run Air Shaft and/or rehabilitation and resealing of the area where it is determined that no meaningful evaluation of air flow quantity and quality can be reestablished and/or where lower oxygen and/or higher methane concentrations at the surface monitoring station indicate the 1-North mine seals are out-gassing or failed.
12. Prior to implementing this alternative method, all mine personnel will be instructed that no travel except along designated routes 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 investigate 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 this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383.
13. 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 include initial and refresher training regarding compliance with this 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.
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health