Petition for Modification
In the matter of
Twentymile Coal Company Foidel Creek Mine
I.D. No. 05-03836
Docket No. M-1999-140-C 30 CFR 75.1909(a)(1)
PROPOSED DECISION AND ORDER
On November 29, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.1909(a)(1) to Petitioner's Foidel Creek Mine, located in Routt County, Colorado. The Petitioner, by letter on April, 27, 2000, requested the petition be amended to address another alternate method of compliance. The Petitioner alleges that the alternative method outlined in the amended petition would 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 and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
MSHA investigators found that the alternative method proposed by the Petitioner would not at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1909(a)(1).
Twentymile Coal Company personnel were provided with copies of MSHA's March 9, 2000, and September 18, 2000 investigation reports. Both reports listed the conditions necessary to allow the use of the nonapproved 3406 PITA Caterpillar engine with the following:
(1) 43,000 cfm ventilation rate using the DST system which includes a heat exchanger, a high exhaust temperature shutdown sensor set at 290 degrees F, a catalytic converter, and a DST approved diesel particulate exhaust filter. The 43,000 cfm ventilation rating was based on information that Caterpillar provided for the engine based upon 599 hp @ 1800 rpm. If the engine is set at a lower hp setting, this ventilation rate could be reduced;
(2) Have the 3406 PITA engine, Serial No. 2WB-16204, checked by an authorized Caterpillar dealer and have them document the engine's rating, that the engine is in good condition, and not in need of any maintenance;
(3) Perform load testing of the generator set from 100% to 0% at 10% increments while an MSHA representative measures the emissions of the engine and compares them with Part 32 data upon which the above 43,000 cfm rating was based; and
(4) Develop maintenance procedures for the safety shutdown systems used on the DST system for MSHA's review and approval.
On August 27, 2001, emission tests were conducted on the unapproved Caterpillar 3406 PITA engine at the Foidel Creek Mine. The tests demonstrated that the engine, with an output rating limited to 404 horsepower at 1800 RPM's, performed in accordance with the requirements of 30 CFR Part 7, Subpart E. A ventilation rate of 29,000 CFM was established for this particular engine to provide the same degree of safety and health as an engine approved under 30 CFR Part 7, Subpart E.
On the basis of the petition and the findings of MSHA's investigation, Twentymile Coal Company, is granted a modification of the application of 30 CFR 75.1909(a)(1) to its Foidel Creek 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 Twentymile Coal Company's Petition for Modification of the application of 30 CFR 75.1909(a)(1) in the Foidel Creek Mine is hereby:
GRANTED, for generator set using a Caterpillar 3406 PITA engine used at the Foidel Creek Mine, conditioned with the following terms and conditions:
1. The equipment is limited to the generator set, Engine Serial No. 2WB-16204 with an generator output limited to 404 horsepower at 1800 rpm.
2. The Caterpillar engine shall have a legible metallic label attached specifying the ventilation rate for the engine (29,000 cfm), the rated power (404 hp), rated speed (1800 rpm), and maximum altitude before deration (8000
ft).
3. The diesel powered generator set shall only be used to move equipment in and out of the mine, move equipment from section to section within the mine, and to perform temporary non-production work in areas outby section loading points. When used to supply mobile equipment, the generator shall only supply one piece of equipment. However, the generator may supply power to multiple pumps.
4. The sum of all motors operated from the diesel powered generator system at one time shall not exceed 275 horsepower.
5. The engine shall be maintained in accordance with the test specifications used during engine evaluation and the maintenance procedures developed for the safety shutdown systems used on the engine.
6. Prior to using the diesel powered generator system, training shall be provide to persons that perform maintenance on the generator on the proper examination and maintenance procedures to be utilized. The training shall be "hands-on" specific, and shall be incorporated into the Part 48 training plan.
7. 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 specify the following:
(a) The "hands on" specific training specified in Condition No. 6; and
(b) Initial and refresher training regarding the terms and conditions stated in 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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health