Petition for Modification
In the matter of
Cumberland River Coal Company
Band Mill Mine
I.D. No. 44-06818
Docket No. M-2001-061-C
30 CFR 75.364(b)(2)&(4)
PROPOSED DECISION AND ORDER
On May 29, 2001, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2)&(4) to Petitioner's Band Mill Mine, located in Wise County, 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.
Specifically, the petitioner alleges approximately 600 feet of return aircourse have become unsafe for mine examiners to travel and that the proposed alternative method of having a certified person take weekly air quantity and quality measurements at monitoring points, inby and outby the unsafe-for-travel aircourse segment, will provide the same measure of protection as the standard. The inby monitoring point is immediately upwind of a set of five mine seals at the mouth of 1-Left off of 2 East Submains.
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)(2) 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. However, the five mine seals for 1-Left off of 2 East Submain are safe to access for the examinations required by 30 CFR 75.364(b)(4)and application of those portions of the standard do not result in a diminution of safety. In addition, the proposed weekly evaluation of the seals at monitoring stations does not provide the same measure of protection to miners as a visual examination. Visual examination of these seals is necessary to detect early stages of failure and the gas checks can detect out gassing associated with deteriorating mine seals or pressurized mine seals caused by rapid gas or water accumulation.
The petitioner's proposed alternative method consists of certified persons making examinations at one inlet monitoring points and one outlet monitoring points where measurements of the air quality and quantity entering and leaving the petitioned aircourse are to be collected once weekly.
MSHA's investigation confirmed that approximately 600 feet of the return aircourse has deteriorated roof and roof falls rendering the aircourse unsafe for travel and essentially impractical to rehabilitate. In addition, the investigation also confirmed that the inlet and outlet monitoring points were accessible. However, the locations actually being used were not those referenced in the petition. Therefore, MSHA based the investigation on the locations being used at the mine.
However, 1-Left off of 2 East Submains is a sealed area from which methane or oxygen deficient air could be released into the aircourse. Thus, the air leaving the petitioned area ventilates the five mine seals isolating an unventilated, sealed area of the mine. To ensure that the downwind air quality measurements are representative of the aircourse and not degraded by air escaping the sealed area, the weekly examination and air measurements at the seals required under 30 CFR 75.364(b)(4) must continue.
Air quality measurements taken during the investigation indicate that while the 6 ventilation controls which direct air through the petitioned area are in place, they are not easily accessed and are not examined during preshift or weekly examinations. MSHA's investigation found a 7% increase in the amount of air flow due to leakage in the 600 feet of petitioned aircourse. The relatively close balance of the amounts of air entering and leaving the aircourse supports a conclusion that the ventilation controls are in good condition because no substantial leakage exists. However, because these stoppings are not examined, MSHA has included requirements to monitor the level of leakage.
Accumulation of methane into the petitioned area, or migration of methane or oxygen deficient air into the aircourses from the sealed area, could occur if the airflow is restricted by additional roof falls, or short circuited by failure of ventilation controls which create the aircourse, or if the mine seals develop cracks or leaks as a result of deterioration. For this reason, MSHA has required the air quantity and quality measurements conducted at monitoring stations be done daily so as to provide a more timely detection of reduced air flow or the presence of explosive or noxious gases.
On the basis of the petition and the findings of MSHA's investigation, Cumberland River Coal Company is granted a modification of the application of 30 CFR 75.364(b)(2) to its Band Mill Mine. However, the request for modification of 30 CFR 75.364(b)(4) is denied.
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 Cumberland River Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(2) in the Band Mill Mine is hereby:
GRANTED, for the examination of approximately 600 feet of unsafe-to-travel air course in the 2 East Submains which ventilates the 1-Left Panel mine seals, conditioned upon compliance with the following terms and conditions:
1. Two monitoring stations in the return aircourse which allow effective evaluation of air flow through the air split used to ventilate 1-Left Panel off of 2 East Submain mine seals shall be established as follows:
(a) One monitoring station located in entry No. 1 (downwind of survey station No. 1615 identified as ML 48) shall monitor the air entering the petitioned aircourse.
(b) One monitoring stations located in the crosscut between entry No. 1 and entry No. 2 (30 feet down wind of survey station No. 517 identified as ML 49), shall monitor the air exiting the petitioned aircourse.
The air quantities measured leaving the return aircourse less the air quantities measured entering the aircourse is a measure of the leakage of air through ventilation controls and permanent mine seals in to the petitioned aircourse.
2. Signs showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry. The monitoring stations and routes of travel to the monitoring stations shall be kept free of water accumulations an no water shall be pumped into the Northeast Gob area.
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. The evaluation 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.
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 accessible permanent ventilation controls 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. Special attention shall be given to maintaining the access for weekly examination the five (5) 1-Left Panel off of 2 East Submain Mine seals.
7. 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 per centrum methane above the last previous methane 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 structures. Damaged stoppings or other ventilation structures 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. The only exception to the above prohibitions shall be the maintenance of a safe travel route to the 1-Left Panel off of 2 East Submains mine seals and to the down wind location so that the weekly examinations required by 30 CFR 75.364(b)(4) and (c)(3) can be conducted. 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, 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