Petition for Modification
In the matter of
Blue Mountain Energy, Inc.
Deserado Mine
I.D. No. 05-03505
Docket No. M-2000-095-C
30 CFR 75.1902(2)(i)(ii)(iii)
PROPOSED DECISION AND ORDER
On June 8, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.1902(2)(i)(ii)(iii) to Petitioner's Deserado Mine, located in Rio Blanco County, Colorado. Petitioner on October 3, 2000, requested the petition be amended to more accurately reflect the current standard, 30 CFR 75.1902(2)(c)(2)(i)-(iii). The Petitioner alleges 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, MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
Section 75.1902(2)(c)(2) requires that the temporary underground fuel storage area must be located (i) within 500 feet of the loading point, (ii) within 500 feet of the projected loading point when equipment is being installed, or (iii) within 500 feet of the last loading point where equipment is being removed. This requirement is to ensure that the fuel storage area will be located close enough to miners to allow any hazards that may develop to be quickly addressed.
At the Deserado Mine very large pillars (80 feet by 200 feet) are maintained for ground control purposes in the longwall gate roads. Because of this, there is very little room to store all the necessary longwall components and the temporary diesel transportation unit. As an alternative method, the petitioner proposes to store the temporary diesel transportation unit (the unit) no more than 5 cross-cuts from the loading point, or projected loading point during installation, and the last loading point during equipment removal. In addition, the unit will be equipped with an automatic fire suppression device as described under 30 CFR 75.1911. Finally, the unit will be physically examined twice each shift when work is performed inby the diesel storage area.
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 75.1902(2)(c)(2)(i)-(iii).
On the basis of the petition and the findings of MSHA's investigation, Blue Mountain Energy, Inc., is granted a modification of the application of 30 CFR 75.1902(2)(c)(2)(i)-(iii) to its Deserado 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 Blue Mountain Energy, Inc.'s Petition for Modification of the application of 30 CFR 75.1902(2)(c)(2)(i)-(iii) in the Deserado Mine is hereby:
GRANTED, for the temporary underground diesel fuel storage, conditioned upon compliance with the following terms and conditions:
1. The temporary diesel transportation area must be no more than 1000 feet from the section loading point; or projected loading point during equipment installation; or last designated loading point when equipment is being removed.
2. The temporary diesel fuel transportation unit must be provided with an MSHA approved automatic fire suppression system that is installed to meet the requirements of 30 CFR 75.1911.
3. The diesel fuel storage tank must be provided with an MSHA approved automatic fire suppression system that is installed to meet the requirements of 30 CFR 75.1911.
4. The temporary diesel fuel storage area must be examined twice each shift by a certified person as required by 30 CFR 75.362 when work is performed inby the temporary diesel fuel storage area. A preshift examination of the diesel fuel storage area must be conducted as required by 30 CFR 75.360 when work is performed in the area.
5. The temporary diesel fuel storage area must be located in an area where the mine roof, mine ribs and mine floor are well rockdusted, the roof is supported to meet the requirements of 30 CFR 75.202 and the area is maintained clear of any extraneous combustible materials or ignition sources at all times.
6. The temporary diesel fuel storage area must be identified at each entrance with highly visible signs that identify the area as a diesel fuel storage area.
7. Prior to implementing the alternative method, the temporary fuel storage area must be inspected by MSHA and in compliance with the terms and conditions of this Proposed Decision and Order.
8. Within 60 days after this Proposed Decision and Order become final, the Petitioner must submit proposed revisions for its approved 30 CFR Part 48 training plan, at any of the listed mines, to the Coal Mine Safety and Health District Manager. These proposed revisions must specify the following:
a) Initial training regarding the terms and conditions stated in the Proposed Decision and Order; and
c) Training in the hazards of transporting and storing diesel fuel.
The approval procedures as specified in 30 CFR 48.3 for proposed revisions to already approved training plans apply.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (Federal Register 53430, December 28, 1990) 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 desire 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