Petition for Modification
In the matter of
McElroy Coal Company
McElroy Mine
I.D. No. 46-01437
Docket No. M-1999-122-C
30 CFR 75.364(b)(1)
PROPOSED DECISION AND ORDER
On October 29, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's McElroy Mine, located in Marshall County, West Virginia. 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 petitioned areas are the same as those already granted modifications of the standard (old standard 30 CFR 75.305 for weekly examinations now addressed under 30 CFR 75.364) to allow daily evaluations of unsafe-for- travel aircourse segments at monitoring stations in lieu of travel in previous Proposed Decisions and Orders (PDOs)(Docket No. M-91-078-C issued June 16, 1992; Docket No. M-92-142-C issued June 2, 1993; and Docket No. M-93-007-C issued October 28, 1993, and Amended December 8, 1997). The two most recent docket numbers addressed unsafe-for-travel return aircourses and the earliest docket number addressed an unsafe-for-travel return aircourse and the inaccessible B North Mine seals. As a result of a ventilation change approved for the mine, the fan was removed from the Fish Creek air shaft allowing that air shaft to become an intake air source. In addition, further deterioration of the roof and additional roof falls required relocation of the locations of monitoring stations referenced in those PDOs. Rather than amend each of those modifications, the petitioner, at MSHA's request, submitted a new petition consolidating the areas under a single docket number so as to allow a thorough investigation as to the merits of the proposed alternative method. The current requested modification alleges that weekly evaluations at the relocated monitoring stations provides the same measure of safety as the standard or the existing granted modifications.
Review of the petitioner's ventilation map for the petitioned area(s) and discussions with the MSHA petition investigator established that the aircourses are designated return aircourses and that the inaccessible B North mine seals still require evaluation. However, further discussions with District personnel indicate that a portion of the aircourse between the Fish Creek air shaft and the first 1 South Mine seal is mislabeled as a designated return, and since there are no sources of contamination in that area, should be considered an intake aircourse.
Therefore, the petition is being treated as requesting modification of 30 CFR 75.364(b)(1, 2 and 4) and (c)(3).
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 PDO is issued.
Finding of Fact and Conclusion of Law
Application of 30 CFR 75.364(b)(1, 2 and 4) and (c)(3) 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.
MSHA's investigation and review of the previously granted modifications to the petitioned areas confirmed that the aircourses have experienced roof falls and general deterioration rendering them unsafe-for-travel and that the B North seals are inaccessible for examination. In addition, several of the original monitoring station locations were relocated or eliminated when seals were constructed at 2 North, and when entries were developed from the rotary dump area of the mine to an area inby 3 North. Those examinations provided assurance that the aircourses permitted adequate airflow to ventilate the mine seals located within or at either end of the petitioned aircourse segments and that no accumulations of oxygen deficient air or methane would occur. All of the mine seals ventilated by the aircourses, with the exception of the B North seals, continued to receive the weekly examinations required by the standard.
Recently, the mine made significant ventilation changes. Removal of the Fish Creek air shaft mine fan and use of the air shaft as an intake air source reversed the direction of air flow in the petitioned areas. These changes were approved by the MSHA District Manager through the mine ventilation plan. These changes significantly affected the ventilation of aircourses granted modifications of 30 CFR 75.364 (formerly 75.305) and also required reevaluation of the special terms and conditions found in the PDOs for each of the three earlier modifications listed above.
At MSHA's request, the petitioner submitted a new petition rather than amending the existing modifications. An investigation was conducted for this new petition. The investigation report found the proposed alternative method of weekly examinations at the current monitoring station locations provided less assurance of early detection of hazards than the daily examinations required under the three existing modifications. Therefore, the special terms and conditions of this PDO continue to require daily examinations so that any out-gassing from sealed areas will be detected earlier and at potentially lower concentrations. Further, it authorizes through the ventilation plan approval process, the relocation of monitoring stations and additional mine seals as they become inaccessible. The PDO also recognizes that the air quantity measurements taken during the MSHA investigation indicate substantial leakage from the aircourse segment between the Fish Creek air shaft and the 1 South seals to the adjacent intake aircourses. This PDO also contains provisions for reevaluating the effectiveness of the granted modification should the present monitoring stations become inaccessible or air quality and quantity measurement show indications of significant changes occurring which render the evaluation method ineffective.
On the basis of the petition and the findings of MSHA's investigation, McElroy Coal Company is granted a modification of the application of 30 CFR 75.364(b)(1, 2 and 4) and (c)(3) to its McElroy Mine. Once final, this PDO will supercede the modifications granted in Docket No. M-91-078-C issued June 16, 1992; Docket No. M- 92-142-C issued June 2, 1993; and Docket No. M-93-007-C issued October 28, 1993 (Amended December 8,
1997).
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 McElroy Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(1, 2 and 4) and (c)(3) in the McElroy Mine is hereby:
GRANTED, for evaluation of one unsafe-for-examination intake aircourse segment and two unsafe-for-travel segments of designated return aircourses, one of which includes the B North Mine seals near the Fish Creek air shaft, conditioned upon compliance with the following terms and conditions:
1. The aircourse segments addressed by this PDO are:
(a) the aircourse from the No. 6 Mine seal of A North to and including the B North seals continuing from the B North seals to the Mains East overcasts located near the Fish Creek Portal switch, approximately 3,400 feet of multiple and inaccessible entries with inaccessible ventilation controls directing air to four remote and inaccessible mine seals;
(b) the Mains East intake aircourse from 1 South seals to the bottom of Fish Creek Air Shaft, approximately 2,500 feet of multiple return entries created by solid coal pillars and six inaccessible ventilation controls; and
(c) the Mains East return between 1 South and 2 South, approximately 6,200 feet of multiple and inaccessible designated return entries created by solid coal pillars and fourteen stoppings.
2. Five monitoring stations which allow effective evaluation of the air entering and leaving these aircourse segments. These monitoring stations shall be established as follows:
(a) Monitoring station PC-AA shall be located in the crosscut between A North Mine seals Nos. 5 and 6 entries to monitor air quality and quantity entering the aircourse segment described in Paragraph 1(a) above.
(b) Monitoring station PC-AB shall be located in the regulator in No. 3 entry of B North to monitor air quality and quantity leaving the aircourse segment and inaccessible B North Mine seals described in Paragraph 1(a).
(c) Monitoring station PC-3 shall be located on the surface of the Fish Creek Air Shaft to monitor air quality and quantity entering the aircourse segment described in Paragraph 1(b). Examiners shall be provided with adequate fall of person protection unless the shaft has equipment permanently installed to allow measurements of air quantity and quality from a safe location away from the air shaft.
(d) Monitoring station PC-1 shall be located in No. 5 Entry of Mains East Returns approximately 10 feet inby the 1 South No. 1 Mine Seal to measure air quantity and quality leaving the aircourse segment described in Paragraph 1(b) and to measure the air quantity and quality entering the aircourse segment described in Paragraph 1(c).
(e) Monitoring station PC-7 shall be located in the No. 5 Entry of Mains East Returns approximately 150 feet outby survey station 77+29.98 (outby 2 South No. 8 Mine Seal) to measure air quantity and quality leaving the aircourse segment described in Paragraph 1(c).
3. Daily evaluations shall be conducted by a certified person at each of these monitoring stations. Each 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 use an appropriate, calibrated anemometer. The daily evaluations shall include an examination for hazards along the route(s) of travel to the monitoring stations and at the monitoring stations. Mine examiners and belt examiners for the Main North area shall be alert to indications of water accumulation and immediately report any indications of water which may accumulate in the inaccessible/petitioned area.
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 for return air. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity shall cause an immediate investigation of the affected area. Any significant difference in the quantities of air flow at or between the monitoring stations shall cause immediate investigation of the condition of stoppings separating the petitioned aircourse segment from the adjacent belt entry.
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 and any change in air flow direction shall be reported to the mine foreman for immediate investigation.
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 accessible to all interested parties.
8. All monitoring stations and approaches to monitoring stations 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. Precautions shall be taken to ensure that water accumulations shall not impede air flow or travel to the monitoring stations.
9. The monitoring station location(s) 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 moved or additional inaccessible seals evaluated under this PDO without prior approval by the District Manager as a part of the Ventilation Plan for the mine. In addition, should the air quality or quantity measurements indicate an increased potential for accumulations of methane, noxious gases or water within the petitioned area, the District Manager is authorized to increase the frequency of examination by requiring the installation of continuous monitoring sensors reporting to a Atmospheric Monitoring System (AMS), installed, maintained and operated in conformance with the relevant requirements of 30 CFR 75.351. Such increased potential for accumulation could result from deterioration of seals or out gassing from sealed areas, additional roof falls, failures of ventilation controls, or water significantly reducing air flow quantity through the petitioned areas. In addition, should additional mine seals become inaccessible, monitoring station locations no longer be representative of airflow ventilating the inaccessible seals and petitioned aircourse segments, or air flow quantities fall to a level such that detection of failing seals becomes uncertain, the District Manager may require any rehabilitation necessary. This rehabilitation may be required to gain access to suitable and representative monitoring station locations, existing mine seals or locations for the construction of new mine seals which isolate the failed or inaccessible seals within a larger sealed area.
10. Prior to implementing this alternative method, all personnel shall be instructed that no travel into the petitioned aircourse segments 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 significant 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 provisions of 30 CFR 75.1101-23 and 75.383.
11. 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 the 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