Petition for Modification
In the matter of
Energy West Mining Company
Deer Creek Mine
I.D. No. 42-00121
Docket No. M-2001-068-C
30 CFR 75.364(b)(1)
PROPOSED DECISION AND ORDER
June 18, 2001, Energy West Mining Company (Energy West) filed a petition seeking a modification of the application of 30 CFR 75.364(b)(1) to the Petitioner's Deer Creek Mine, located in Emery County, Utah. 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 investigated 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
Application of 30 CFR 75.364(b)(1) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions will provide a safe work environment for the miners.
The petition involves the inability to examine the intake air course in its entirety because of adverse roof and deep water in the Cowin Raise area. The unsafe-to-travel area is from the top of the Cowin Raise inby for a distance of about 300 feet. Instead of complying with the standard, the Petitioner proposes establishing evaluation points near the top and bottom of the Cowin Raise. Energy West would establish three evaluation points at the top of the Cowin Raise and one point at the bottom of the raise. At the points at the top of the raise, it proposes checking air direction. At the bottom of the raise, they would check air direction and measure the air volume. Energy West also states that it would record the air reading in the weekly examination book.
MSHA's investigation and review of the area confirmed that the air course has adverse roof and water rendering it unsafe-for-travel. Supporting the roof in the area would expose the miners to hazards of installing roof support under areas up to 30 feet in height.
On the basis of the petition and the findings of MSHA's investigation, Energy West is granted a modification of the application of 30 CFR 75.364(b)(1) to its Deer 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 Energy West's Petition for Modification of the application of 30 CFR 75.364(b)(1)in the Deer Creek Mine is hereby:
GRANTED, for evaluation of the unsafe-for-examination intake air course segment (approximately 300 feet) known as the Cowin Raise Area, conditioned upon compliance with the following terms and conditions:
1. Four monitoring stations which allow effective evaluation of the air entering and leaving this air course segment shall be established at the following locations:
a) Three stations, one in each entry, shall be located in the Access Entries approaching the top of the Cowin Raise. The three points, Evaluation Point Number 1, Number 2, and Number 3 shall be between Crosscuts Number 1 and Number 2 of the Cowin Raise Access Entries.
b) Evaluation Point Number 4 shall be located in the single entry near the bottom of the Cowin Raise.
2. Weekly evaluations shall be conducted by a certified person at each of these monitoring stations. Each evaluation shall include measurement of the quality of air entering or leaving the monitoring station. Air quality measurements shall determine the methane, oxygen, and carbon monoxide concentrations using an MSHA approved hand-held device. An air quantity measurement shall be made at the evaluation point in the entry at the bottom of the Cowin Raise. Air quantity measurements shall use an appropriate, calibrated anemometer. The weekly evaluations shall include an examination for hazards along the route(s) of travel to the monitoring stations and at the monitoring stations. Mine examiners shall be alert to indications of water accumulation and immediately report any indications of water which may accumulate in the inaccessible petitioned area.
3. A sign showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travelable entry.
4. 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 percent or more 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.
5. 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.
6. The date, initials of the examiner, and time shall be marked on a date board that shall be provided at each of the monitoring stations. The results of the examination shall be recorded in a book kept on the surface and made accessible to all interested parties.
7. 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.
8. The monitoring station locations 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 under this proposed Decision and Order 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 examinations or require the installation of continuous monitoring sensors reporting to an 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 additional roof falls, failures of ventilation controls, or water significantly reducing air flow quantity through the petitioned area.
9. Prior to implementing this alternative method, all personnel shall be instructed that no travel into the petitioned air course segment 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.
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