Petition for Modification
In the matter of
Perry County Mining Company
Eas #1 Mine
I.D. No. 15-02085
Docket No. M-1999-150-C
30 CFR 75.364(b)(1)
PROPOSED DECISION AND ORDER
On January 5, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(1) to Petitioner's Eas #1 Mine, located in Perry County, Kentucky. The petitioner alleges that approximately 5,600 feet of intake aircourse has become unsafe for mine examiners to travel and that the taking of air quantity and quality measurements at four location down the length of the aircourse will provide no less than the same measure of protection as the standard. In Summary, 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.
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)(1) to the subject mine willresult 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.
The petitioner's proposed alternative method consists of daily examinations to be conducted at four evaluation points to monitor the air quality and quantity in one of two entries along approximately 5,600 feet of intake aircourse which has become unsafe for mine examiners to travel during weekly examinations. MSHA's investigation confirms the area to have deteriorated roof and roof falls rendering the aircourse unsafe for travel and essentially impractical to rehabilitate. It also confirms that the area of the mine for which the modification is requested is ventilated by a blowing/forced air ventilation fan. Further, due to the roof falls and entry closure on the petitioned aircourse, less than 25 percent of the air flow at the beginning of the petitioned area reaches the end. The air flow is decreased by leakage through approximately 80 stoppings which separate the petitioned area from the mine's track haulage entry in the mains inby Big Creek Fan and from the belt conveyor haulage entry in the Roll Mains. The investigation map indicates that the aircourse consists of two common entries, decreasing to a single entry and again opening to two common entries. The proposed evaluation points would monitor only a single entry such that the total amount of air entering and leaving the aircourse, and consequently the amount of air lost through leakage, could not be determined. The investigation confirms that other monitoring locations, through which all of the air entering the aircourse and leaving the aircourse, are available which can effectively evaluate the area. Thus, it recommends two monitoring station locations at the beginning and two at the end of the petitioned area. The map also indicates that, at the present time, there are no ventilated worked-out areas or sealed areas from which methane or oxygen deficient air could be released into the aircourse. However, air quantity readings taken during the investigation indicate substantial leakage exists through the ventilation controls creating the aircourse. That leakage decreases the air flow in the petitioned aircourse, with the leakage increasing air flow in the adjacent belt entry.Therefore, MSHA has included a requirement to monitor the level of leakage during daily examinations and to conduct a weekly examination of ventilation controls to provide early detection of further restriction of air flow by roof falls, or short circuiting of air flow should a ventilation control(s) fail. The mine map shows projected development which may require significant ventilation changes within the mine. Because of the very high leakages of air flow from the petitioned aircourse into the adjacent track haulage or belt haulage entries, the petitioned aircourse is not suitable for designation as a return and, if used to ventilate future sealed area, those seals should be examined on a preshift basis.
On the basis of the petition and the findings of MSHA's investigation, Perry County Mining Company is granted a modification of the application of 30 CFR 75.364(b)(1) to its Eas #1 Mine.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Perry County Mining Company's Petition for Modification of the application of 30 CFR 75.364(b)(1) in the Eas #1 Mine is hereby:
GRANTED, for the examination of approximately 5,600 feet of unsafe-to-travel intake aircourse beginning in the mains inby the Big Creek Fan and into the Rolls Mains, conditioned upon compliance with the following terms and conditions:
1. Four monitoring stations in the mains inby Big Creek Fan and in the Roll Mains which allow effective evaluation of air flow quantity and quality entering and leaving the petitioned, unsafe-for-travel, intake aircourse segment shall be established as follows:
a. Two monitoring stations located in entries Nos. 7 and 8, approximately 4,600 feet inby the Big Creek Fan in the mains and approximately 3 crosscuts inby the "old side track" location shall monitor the air entering the petitioned aircourse (locations identified by the petitioner and MSHA investigator as CP 8A and CP 8B.
b. Two monitoring stations located in entries Nos. 6 and 7 of the Roll Mains approximately 10,200 feet inby the Big Creek Fan shall monitor the air exiting the air course (locations at MSHA relocated CP 9A and CP 9B, approximately 80 feet inby survey spad 2316).
2. Signs showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry.
3. Evaluations shall be conducted by a certified person at each of the monitoring stations daily. The evaluations shall include the quantity and quality of air entering or exiting the monitoring station. In addition, the daily evaluations shall also include a determination of the aircourse's leakage, defined and measured as stated in paragraph 8 below. These air measurements shall be made using MSHA approved and calibrated hand-held multi-gas detectors to check the methane and oxygen gas concentrations and appropriate, calibrated anemometers to check air flow volume. In addition, weekly examination of each permanent ventilation control separating the petitioned air course from the mains track entry and Roll Mains belt haulage entry shall be conducted and the stopping and any future ventilation controls shall be maintained to minimize leakage. The petitioned aircourse shall not become a designated return or used to ventilate mine seals until measures to preclude leakage of potentially contaminated air flows are evaluated and approved by the District Manager in the mine's ventilation plan.
4. A diagram showing the normal direction of the air flow shall be posted at the monitoring stations 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.
5. 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, including the condition of the permanent ventilation controls (at present, approximately 80 stoppings) creating the aircourse, shall also be recorded in a book kept on the surface and made accessible to all interested parties.
6. All monitoring station(s) and approaches to monitoring station(s) 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.
7. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for intake air. An increase of 0.5 per centum methane above the last previous methane reading or a decrease of 0.5 percent in the previous oxygen reading or a 10 percent change in air flow quantity shall cause an immediate investigation of the affected area. The results of the investigation shall be immediately reported to the mine foreman.
8. The aircourse's initial leakage shall be determined during the first evaluation following implementation of this modification.Leakage is defined as the discrepancy between the air quantity entering and exiting the aircourse, as measured at the monitoring stations. A 10 percent change from the initial leakage in the aircourse shall cause immediate examination of all permanent ventilation controls. Damaged stoppings or other ventilation controls shall be repaired or replaced to minimize leakage. Following repairs, a new "initial leakage" shall be determined and serve as the basis for subsequent evaluations.
9. The monitoring station location(s) shall be shown on the annually submitted mine ventilation map. 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.
10. Prior to implementing this modification, all mine personnel shall be instructed that, except along designated routes, no travel into the petitioned area 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 conduct investigations 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 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 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 this 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 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