Petition for Modification
In the matter of
Consolidation Coal Company
Shoemaker Mine
I.D. No. 46-01436
Docket No. M-2001-093-C
30 CFR 75.364(b)(4)
PROPOSED DECISION AND ORDER
On August 16, 2001, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Shoemaker Mine, located in Marshall County, West Virginia. The Petitioner alleges that the proposed alternative method will provide the same measure of protection to miners as the standard.
Petitioner proposed the use of existing monitoring stations, which were established for the evaluation of inaccessible Mains East return aircourses between the Dupont Intake Air Shaft and the downwind Seabright Return Air Shaft, and a set of new checkpoints approximately 4600 feet downwind of the 1-South mine seals. The original monitoring stations are used in daily evaluations conducted in accordance with the special terms and conditions specified in the Proposed Decisions and Orders issued under Docket Nos. M-85-201-C (issued Sept. 12, 1986) and M-92-177-C (amended PDO issued March 25, 1997). In addition, petitioner proposed further evaluation to be accomplished by the measurement of the pressure differential between the intake and return entries of Mains East taken during the preshift examination of the track entry. Also, a proposed new monitoring station, where weekly measurements will be taken in each of the five Mains East return entries, will serve to comply with the requirements of 30 CFR 75.364(c)(3). These measurements are approximately 4600 feet down wind of the 1-South mine seals rather than immediately after the air passes the mine seals.
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)(4) to the subject mine will result in a diminution of safety to the miners and the alternative method (as amended by MSHA) provides a safe work environment for the miners.
The Petitioner described the access to the Nos. 23 through 28, 1-South mine seals, and the roof falls in front of those seals, as being in an area experiencing deterioration of roof and rib which makes the area impassible and, because of its remote location, would make rehabilitation extremely difficult and expensive. MSHA's investigators for the modification granted under Docket No. M-1996-007-C, elaborated upon the condition by indicating that the roof and rib deterioration and roof and floor closure have reduced the travelway to the seals from the original entry size of 15.5 feet wide by 6.5 feet high to a travelway 3 to 4 feet wide by 3.5 to 5.5 feet high. Similar observations of the deteriorated roof and rib conditions are found in the re-investigation of these areas for the modification requested under Docket No. M-2001-093-C. The severity of deterioration is such that the roof fall cannot safely be cleaned up and the roof re-supported because there is no place to dispose of the material, and heavy manual labor in such an environment is extremely hazardous. The alternative is to bring in mechanized equipment and rehabilitate a much larger area, regrading floor and/or taking down and rebolting roof. This can also be extremely hazardous work. The deterioration has now progressed to the extent that few of the ventilation controls creating the aircourses are visible or accessible for examination. The investigation report indicates that the evaluation must be based upon: a) partial air flow quantity and quality measurements at one location, b) air quality measurements at locations approximately 4600 feet downwind of the inaccessible seals, and c) upon pressure differential measurements, made in the stopping line between intake and return aircourses, to assure any leakage continues to be from the track entry and common intake entries into the designated return entries being used to ventilate the 1-South mine seals. It is therefore MSHA's belief that to rehabilitate the area and thereby allow compliance with the standard would be a diminution of safety to miners as compared to using the proposed alternative method (as amended by MSHA) of examining the 1-South mine seals.
Although under the proposed alternative method seal deterioration may not always be detectable before the seal has failed, MSHA has concluded that a significant hazard to miners would not be posed for several reasons. First, the sealed area(s) is relatively small with the work having been completed in 1971 using partial pillar recovery. The relatively small area(s) minimizes the risks of a pressurized build up of methane or oxygen deficient air behind the seals. Further, the close proximity of the Seabright Air Shaft would quickly capture and remove from the mine the air released by any failed 1 - South mine seal. Finally, any possible hazard in this case to examiners form failed or failing seals will be mitigated by the examiners using approved, handheld, alarming, multi-gas detectors and an approved magnahelix and being alert to the hazards of approaching sealed areas from downwind access routes as required in Conditions 3 and 9.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.364(b)(4) to its Shoemaker 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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(4) in the Shoemaker Mine is hereby:
GRANTED, for the evaluation of the six 1-South mine seals which has been rendered inaccessible and hidden from visibility by fallen roof material and entry deterioration, near Dupont Shaft at safe down wind locations, conditioned upon compliance with the following terms and conditions:
1. Three monitoring stations which allow partial and indirect evaluation of the condition of the hidden and inaccessible Nos. 23 through 28 1-South mine seals near Dupont Air Shaft shall be established as follows:
a) A daily monitoring station (identified as Checkpoint C-2) in the crosscut between entries four and five of Mains East inby 1-South. This is a daily checkpoint downwind of five of the six 1-South mine seals Nos. 28, 27, 26, 25, and 24. where methane and oxygen content of air at the seal shall be monitored. The examination at this location shall also include a hazard examination on the approach(es) to and at the monitoring station and air flow quality and quantity measurements.
b) A preshift monitoring station (identified in the investigation report as Checkpoint C-3) in the crosscut between the Mains East intake entries and the Mains East return entries at survey station 14+02.99 feet, to monitor the pressure differential between the intake and return aircourses. The pressure differential shall be monitored during each preshift examination of the track entry.
c) A weekly monitoring station (identified as Checkpoint C-4) with evaluations made in entries Nos. 1, 2, 3, 4, and 5 in the Mains East returns between survey stations 45+42.79 feet to 55+75.69 feet to monitor air quality.
The measurements of air quantity and quality at the monitoring stations in paragraph 1. are the only locations available to serve in complying with the requirements of 30 CFR 75.364(c)(2 and 3) for the return aircourse and the No. 23 through 28 1-South mine seals.
2. A sign(s) showing the safe travel route(s) to monitoring stations shall be conspicuously posted in an adjacent travel track entry.
3. Evaluation shall be conducted by a certified person at the monitoring stations of Checkpoints C-2 and C-4. The evaluations shall include the measurement of quantity at C-2 and quality of air entering or leaving the monitoring station at C-4 . These measurements shall be made using a calibrated anemometer and the quality of air downwind of the seals using an MSHA approved multi-gas hand held detector. The approved multi-gas detector shall alarm when oxygen concentrations fall below 19.5 percent. The inclusion of checking the pressure differential at Checkpoint C-3 in the preshift examination of the track entry shall continue. The pressure differential shall be measured using an approved and calibrated magnahelix.
4. A diagram showing the normal direction of the air flow shall be posted at the 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.
5. The date, initial 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, 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 return air. An increase of 0.5 per centrum methane or a decrease of 0.5 per centrum oxygen as compared to the last previous readings or a 10 percent change in air flow quantity shall cause an immediate investigation (to the extent practicable) of the affected area. The changes in air flow quantity and direction of air flow at any monitoring station shall be the basis of an evaluation to determine the condition of the 1-South mine seals. Should airflow quantities increase substantially, one or more of the mine seals or stopping creating the separation between the Mains East intakes and returns may be damaged or failed. This and other combinations of changes may require that additional quantity and quality measurements be made in the accessible areas between the Dupont and Seabright Air Shafts to determine the condition of stoppings and/or evaluate the effectiveness of ventilation in inaccessible locations. When needed to interpret the meaning of changes occurring at the monitoring stations listed in this PDO, additional measurements shall be made and the results recorded in the book kept on the surface used in complying with Paragraph 5.
8. The monitoring station location(s) and air quantity and quality measurements 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. New locations must provide a meaningful evaluation method.
9. Prior to implementing this alternative method, all mine personnel will be instructed that no travel except along designated routes 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 investigate and correct significant 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 this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383. In addition, certified persons conducting the examinations shall be instructed to be attentive to the hazards of entering aircourses downwind of inaccessible sealed areas should oxygen deficient air be released from failed seals.
10. 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