Petition for Modification
In the matter of
Wabash Mine Holding Company Wabash Mine
I.D. No. 11-00877
Docket No. M-1999-095-C 30 CFR 75.332(a)(2)
PROPOSED DECISION AND ORDER
On September 7, 1999, Wabash Mine Holding Company, filed a petition seeking a modification of the application of 30 CFR 75.332(a)(2) to its Wabash Mine, located in Wabash County, Illinois. The Petitioner alleges that the alternative method outlined 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 petition, MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The petitioner seeks modification of 75.332(a)(2)which states:
"When two or more sets of mining equipment are simultaneously engaged in cutting, mining, or loading coal or rock from working places within the same working section, each set of mining equipment shall be on a separate split of intake air."
Petitioner as a alternate method proposes to cleanup with a continuous miner the face of a previously mined cut while a second continuous miner on the section starts to cut and load coal from another working face on the same section, all on the same split of intake air. Wabash feels that the following alternate methods to its mining system will provide for a degree of safety which is equal to the standard which is being modified.
No coal will be cut simultaneously with two continuous miners. While loading out the cleanup of loose coal and/or rock the continuous miner will not cut roof, ribs, face or bottom.
A minimum of 8,000 cubic feet per minute of air will be provided to the face during the cleanup.
Water sprays will be operated at all times during the cleanup on the continuous miner in accordance with the requirements of the approved ventilation plan as to the number of sprays required to be operating.
During cleanup the continuous miner scrubber system will be operated at all times.
Semi-transparent pull through curtains will be installed on the section haulroads for better visibility for ram car operators.
Fire suppression will be provided on the ram cars.
Direct, reliable radio communication between the two continuous miners will be maintained at all times. If one continuous miner operator is uncertain whether the other miner operator is cutting coal, the second continuous miner operator will not cut coal until direct and reliable communication is received that the
first miner has completed mining coal.
Prior to the commencement of any operations under the alternative method, all supervisory personnel and continuous miner operators will be trained in the specifics of the alternative method.
MSHA's investigation revealed that the mine operates two sections, each with its own split of intake air. The sections are equipped with two Joy 14CM continuous miners, four ram cars, two roof bolting machines and one battery operated scoop. The mine exhausts approximately 794,000 cubic feet per minute of air and the latest AAA inspection reported the methane liberation to be 1,389,000 cubic feet per day from the mine.
The investigation reported that the miners represented by the United Mine Workers of America are not opposed to the requested petition.
MSHA's investigation consisted of observation of coal being mined using the alternative method for four shifts of 8 hours and five shifts in the fashion that coal is presently being mined. This allowed for a comparison, under controlled conditions, the alternate method with the standard method of completing the cleanup of the mined cut before the second continuous miner began to cut and mine coal. During all the above mining sequences, respirable dust sampling was conducted on both continuous miner operators, all downwind roof bolt operators, and two ram car operators selected at ramdom.
The currently approved mine ventilation and dust control plan requires a minimum of 8,000 cubic feet per minute (CFM) of air at the end of the line curtain with the curtain maintained within 40 feet of the face. It requires to maintain a minimum of 20,000 CFM of air in the last open crosscut. The scrubber on the continuous miner must be in operation when mining and 6,500 CFM of air must be maintained through the scrubber. The plan requires 30 water sprays in operation with an output of 0.42 gallons per minute. If 1.0 percent of methane is detected twice in a cut then 33 sprays are required to be operated. The minimum required water pressure is 80 pounds per square inch(PSI).
The following relevant observations were reported from the investigation and the testing: non-petition petition tests
Air* at end of line curtain 11,000 CFM 11,000 CFM
Air* in last open crosscut 32,000 CFM 30,000 CFM
Spray water pressure* 160 PSI 215 PSI
Water sprays in use 30 to 35 30 to 35
Pull through curtains transparent transparent
Methane levels loading coal 0.2% to 0.7% 0.2% to 0.7%
Methane levels-cleanup 0.1% to 0.4% 0.1% to 0.4%
Methane levels upwind machine versus downwind machine same same
Depth of mined cuts 40 feet 40 feet Scrubber operated-loading Yes Yes
Scrubber operated-cleanup Yes Yes
CFM-scrubber discharge 8400 to 9600 8400 to 9600
Time to cleanup cut 1 to 2 min. 1 to 2 min.
Ram cars loaded-cleanup* 1 ram car 1 ram car
Fire suppression- miner water sprays water sprays
Fire suppression-bolters Dry chemical Dry chemical
Fire suppression-ram cars Dry chemical Dry chemical
Respirable dust sampling results-average concentration
Intake miner (o36) 0.763 mg/cu.m 0.720 mg/cu.m Return miner (036) 1.280 mg/cu.m 1.542 mg/cu.m
Return bolter (046) 1.389 mg/cu.m 1.212 mg/cu.m
Ram car (050) 1.068 mg/cu.m 1.227 mg/cu.m
* Average value
It should be noted that no respirable dust sample during the testing exceeded the mine dust standard of 2.0 mg/cu.m..
Retesting of respirable dust levels, May 2001, showed that compliance was obtained at 110 psi of spray water pressure.
The investigation reported that the intrinsically safe, MSHA approved radio communication system used during the alternate method tests was "good" in all cases, was well maintained, and turned on and available at all times.
The investigation revealed that the alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.332(a)(2).
On the basis of the petition and the findings of MSHA's investigation, Wabash Mine Holding Company is granted a modification of the application of 30 CFR 75.332(a)(2) to its Wabash 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 Wabash Mine Holding Company's Petition for Modification of the application of 30 CFR 75.332(a)(2) in the Wabash Mine is hereby:
GRANTED, to allow one continuous miner to cleanup the working face (cut) it previously mined while the
other continuous miner on the section starts to cut and load coal from another working face on the same working section, on the same single split of intake air, conditioned upon compliance with the following terms and conditions:
Coal and/or rock will not be mined simultaneously by two continuous miners on the same section of the mine, on the same split of intake air.
During cleanup of the cut, only loose coal/rock shall be loaded from the mine floor by the continuous miner. No face, rib, top, or bottom shall be cut during the cleanup while the second continuous miner is mining in a second face.
Direct, reliable (permissible or intrinsically safe) radio communication between the two continuous miners shall be maintained at all times to ensure that the two continuous miners are not mining simultaneously. If one continuous miner operator is uncertain whether the other miner operator is mining, he/she shall not mine until direct radio communication confirms that only cleanup is taking place or ready to take place.
A minimum of 8000 CFM of air shall be maintained within 40 feet of the face of the cut while cleanup is performed.
While cleaning up the cut a minimum of 33 water sprays shall be operational and maintained on the continuous miner. The water pressure for the spray system shall be no less than a pump outlet pressure of 110 PSI.
The scrubber system shall be operational and maintained to provide 7500 CFM of output capacity while cleanup is being performed.
Semi-transparent pull through curtains shall be installed at all times and maintained for the haul roads to and from the section loading point. Air shall not be allowed to short circuit from the faces. Petitioner shall provide and maintain, at all times, fire suppression on the coal haulage unit(s) and the bolt machine(s).
Prior to the terms and conditions of this PDO being implemented, the mine ventilation plan shall be updated by adding the terms and conditions which apply to ventilation and dust control and the updated information shall be approved by the district manager as a part of the approved plan. The district manager may upgrade the terms and conditions of this PDO when the ventilation and dust control review process indicates that changes are necessary.
Wabash Mine Holding and MSHA shall jointly train, prior to the commencement of any operations under this alternative plan, all of the mine's supervisory personnel and continuous miner operators in the specifics of the alternative plan's requirements.
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 District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the conditions specified by 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