Petition for Modification
In the matter of
Elk Run Coal Company, Inc.
Black King I North Portal
I.D. No. 46-08553
Docket No. M-2001-109-C
30 CFR 75.364(b)(2)
PROPOSED DECISION AND ORDER
On December 26, 2001, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's Black King I North Portal Mine, located in Boone, West Virginia. 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.
The petitioner proposed to replace weekly examinations (made by traveling one entry in its entirety) of an area of a now inaccessible return aircourse with weekly evaluations (air quantity and quality measurements made at 3 monitoring stations) using hand held gas detection devices and anemometers. The petitioner provided a certified mine map showing the ventilation of the aircourse and the locations of the proposed monitoring stations.
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 provide a safe work environment for the miners.
MSHA's petition investigation confirmed that the petitioned aircourse has experienced severe deterioration and roof falls which have rendered the aircourse inaccessible for examination and unsafe for travel by mine examiners. It confirmed that the proposed monitoring stations are accessible and representative locations for monitoring the entire air flow through the approximately 4,750 feet of inaccessible South Mains return aircourse. Permanent ventilation controls are in place which assures the air flow at the monitoring stations is and will remain representative of the air flowing through the inaccessible common entries. At inlet monitoring location S-1, three of the permanent controls have regulators with one entry fully open and unregulated, at outlet location S-2 there are two entries open and at outlet location S-3 there are 3 fully open entries. Consequently, there are nine locations (4 inlet locations and 5 outlet locations) at which air quality and quantity measurements are necessary to monitor the unsafe-for-travel aircourse.
MSHA determined that the petitioned area is unsafe-for-travel and requiring mine examiners or workmen to enter the area to travel from one of the common entries to the outcrop portal would be a diminution of safety. The area is remote from current mining activities and would require extensive and hazardous rehabilitation.
MSHA investigators measured air flow quality and quantity at the proposed monitoring stations. Those measurements show slightly greater quantities at the initial monitoring station than at the outlet monitoring stations. However, the mine is ventilated by a force air/blowing system and the difference can be attributed to leakage of stopping and through roof cracks to the surface near the outcrop.
On the basis of the petition and the findings of MSHA's investigation, Elk Run Coal Company, Inc. is granted a modification of the application of 30 CFR 75.364(b)(2) to its Black King I North Portal 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 Elk Run Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 75.364(b)(2) in the Black King I North Portal Mine is hereby:
GRANTED, for the unsafe-to-travel segment (approximately 4,750 feet) of the South Mains return entries to outcrop, conditioned upon compliance with the following terms and conditions:
1. Nine monitoring stations which allow effective evaluation of the air entering and leaving the unsafe-to-travel segment of the return aircourse shall be established at the following locations:
(a) Four monitoring stations (identified by the petitioner as location S-1), one station located outby survey station 2915 in the eastern most entry (entry No. 1) and one in each of entries with regulators (entries Nos. 4, 6, and 8), to monitor air entering the unsafe-to-travel segment of the of the South Mains returns.
(b) Five monitoring stations located in the Apunch out@ openings of South Mains returns, (identified by the petitioner as locations S-2 and S-3), to monitor air leaving the petitioned area.
2. Weekly evaluations shall be conducted by a certified person at each of the monitoring stations. The evaluation shall include measurement of the quality and quantity of air entering or leaving at each of the nine monitoring station. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall be made using an appropriately calibrated anemometer. A mathematical comparison shall be made of the combined total airflow quantity entering and leaving the petitioned aircourse each week.
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. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity at any monitoring station shall cause an immediate investigation of the affected area.
Any significant difference in the quantities and qualities of air flows, or the air flow directions, shall cause immediate investigation.
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, time and the measured quantity and quality of air at each monitoring station shall be recorded in a book, or on a date board, that shall be provided at the monitoring stations. Such results and the total quantities entering and leaving the petitioned aircoures shall be recorded in a book kept on the surface and made available to all interested parties.
7. All monitoring stations and approaches to monitoring stations shall, at all times, be maintained in 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.
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 eliminated or moved without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
9. Prior to implementing this Proposed Decision and Order, all personnel shall be instructed that no travel into the petitioned aircourse 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 provision of 30 CFR 75.1501 (formerly 75.1101-23) and 75.383.
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 the 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