Petition - Docket No. 2001-124-C

Petition for Modification

 

In the matter of
Warrior Coal, LLC
Cardinal Mine
I.D. No. 15-17216
Docket No. M-2001-124-C
30 CFR 75.350 

PROPOSED DECISION AND ORDER

On December 18, 2001, Warrior Coal, LLC, filed a petition seeking a modification of the application of 30 CFR 75.350 to its Cardinal Mine, located in Hopkins County, Kentucky. The Petitioner alleges that the alternative method outlined 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

Warrior Coal, LLC, filed simultaneous requests for modification of 30 CFR 75.350 and 75.1103-4(a). Identical alternative methods were proposed in these petitions filed under Docket Nos. M-2001-123-C and M-2001-124-C. Warrior Coal, LLC proposes to use an early warning fire detection system (CO monitoring system) to allow the use of belt air to ventilate working faces. The same monitoring system would identify the location of a detected fire by sensor location rather than by belt fight. However, the Petitioner used an outdated set of terms and conditions in constructing its proposed alternative method. Consequently, MSHA has amended the proposed alternative method to requirements consistent with the most recent fire detection research and uses terms and conditions consistent with the most recent Proposed Decisions and Orders granting similar requested modifications of the standard. In addition, the proposed alternative method, did not specifically identify how much of the belt system entry(s) would be used to carry airflow which is finally used to ventilate working places. As a consequence, MSHA has also amended the alternative method to address point feeds of fresh air into the belt entry at or near a developing section's mouth. At this point, intake air would be directed into the belt haulage entry where it would split. Inby from this point, the belt would act as an additional intake airway. Outby from the split point, the air on the belt would be ventilated into a return aircourse in the normal fashion employed by the Petitioner. 

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 75.350. 

On the basis of the petition and the findings of MSHA's investigation, Warrior Coal, LLC is granted a modification of the application of 30 CFR 75.350 to its Cardinal 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 Warrior Coal, LLC's Petition for Modification of the application of 30 CFR 75.350 in the Cardinal Mine is hereby: 

GRANTED, to allow air coursed through conveyor belt haulage entries to be used to ventilate active working places, conditioned upon compliance with the following terms and conditions: 

1. An early warning fire detection system (carbon monoxide monitoring system) shall be installed in all belt conveyor haulage entries as follows:

(a) The carbon monoxide monitoring system shall be installed in all belt entries utilized to course intake air to a working place and in all belt entries ventilated to a return aircourse. 

(b) Sensors shall be installed near the center and in the upper third of the belt entry in a location that would not expose personnel working on the system to unsafe situations. Sensors shall not be located in intersections, abnormally high areas or in other areas where airflow patterns do not permit products of combustion to be carried to the sensors. 

(c) Sensors shall be installed between 50 and 100 feet downwind of each belt drive, drive/belt take-up combination, and at each tailpiece at a location to prevent damage from mobile equipment, and at intervals not to exceed 1,000 feet along each conveyor belt entry. Where the air current splits in two directions in the conveyor entry a sensor shall be installed inby and outby the split, located as called for in 1. (b), between 50 and 100 feet. 

(d) Where a belt drive discharges onto a belt conveyor tailpiece as a continuation of a belt conveyor haulage system, and the belt drive, belt take-up and belt tailpiece are on the same split of air, only one carbon monoxide sensor shall be required at this location. Where the belt haulage system changes direction, if the receiving conveyor belt tailpiece is located outside the rib line of the dumping belt entry, an additional sensor shall be required at the tailpiece. 

(e) Sensors shall be installed not more than 100 feet downwind of all electrical installations in the belt or neutral entry(s) and any equipment or location in the conveyor belt entry where a potential fire source exists.

2. The early warning fire detection system shall be designed and maintained as follows:

(a) The carbon monoxide monitoring system shall be capable of providing both visual and audible signals. A visual or audible alert signal shall be activated when the carbon monoxide level at any sensor reaches the level determined in Condition 4. An audible and visual alarm signal distinguishable from the alert signal shall be activated when the carbon monoxide level at any sensor reaches the alarm level determined in Condition 4. 

(b) Alarm devices shall give visual and audible signals that can be seen and heard on the working sections and at a location on the surface of the mine where a responsible person(s) is on duty at all times when miners are underground. Alert devices shall give visual or audible signals that can be seen or heard at such surface location. Audible and visual alarm devices used on the sections shall be of the permissible type if installed in areas where permissible equipment is required. 

(c) The carbon monoxide monitoring system shall activate alarm signals at the working section(s) and alert and alarm signals at a location on the surface of the mine where a responsible person(s) is on duty at all times when miners are underground. 

(d) Sensors located from the mouth of the section to the section loading point shall activate section alarms if the alarm level is reached. 

(e) The carbon monoxide monitoring system shall be capable of monitoring electrical continuity and detecting electrical malfunctions such as open-circuits, short-circuits, ground-faults and, where appropriate, pneumatic malfunctions in the system. 

(f) The carbon monoxide monitoring system shall be capable of identifying any activated sensor(s). 

(g) The carbon monoxide monitoring system shall be capable of giving warning of a fire for a minimum of 4 hours after the source of power to the belt is removed as required by 30 CFR 75.1103-4(e). When power is removed due to a fan(s) stoppage, the carbon monoxide monitoring system shall be de-energized if not intrinsically safe as required by 30 CFR 75.313(e). 

(h) The carbon monoxide monitoring system shall limit time delay periods to not more than a total of 180 seconds for the alert and alarm. If used, time delays shall be specified in the mine ventilation plan. Time delays shall only be used in mines using diesel equipment.

3. Velocity in the belt conveyor entry.

(a) The air in the belt conveyor entry shall have a velocity of at least 50 feet a minute and have a definite and distinct movement in the designated direction. 

(b) Velocity measurements shall be determined at locations in the entry which are representative of the cross-sectional areas found throughout the entry and not at locations where the entry is abnormally high (e.g. belt drives) or low (e.g. under overcasts).

4. Determination of the carbon monoxide alert, alarm, and ambient levels in the conveyor belt entry.

(a) The alert and alarm settings for the mine shall be determined by adding the ambient level to the levels established from Tables 1 - 6 which are attached and incorporated into this Proposed Decision and Order. 

(1) The carbon monoxide alert and alarm level can be different for various areas in the mine. For example, settings in the main conveyor belt entries could be lower than settings in mechanized mining sections due to larger air quantities. The number of carbon monoxide alert and alarm settings used shall be minimized and may be limited by the District Manager to maintain system effectiveness. 

(2) Alert and alarm settings can also be different for development, retreat, longwall set-up and longwall removal (in the event that longwall mining is performed).

(b) The interim ambient level shall be zero (0) parts per million (ppm). Ambient levels can be different for various areas of the mine. When different ambient levels are determined for distinct portions of the mine, either the lowest ambient level can be utilized throughout the mine or the carbon monoxide monitoring system can be divided into distinct areas that utilize the ambient level determined for each area. The ambient level shall be determined under normal mining conditions as follows: 

(1) A properly calibrated carbon monoxide sensor(s) shall be used for an ambient determination. Measurements from one sensor can be used to determine the level in the conveyor belt entry for each separate conveyor belt airsplit not exceeding 10,000 feet in length. For airsplits longer than 10,000 feet in length, additional sensors shall be used so that at least one sensor is used for each additional 10,000 feet or part thereof. Hourly readings shall be taken and recorded for a total of five (5) production shifts to establish a mine history of carbon monoxide levels. The average of the data collected for each separate conveyor airsplit will determine its ambient level. 

(2) MSHA shall be notified when ambient levels will be determined and ambient levels shall be representative of normal operating conditions. Diesel equipment shall not be unnecessarily idled in the air split where the ambient level is being determined.

(c) The cross-sectional areas used for alert and alarm level determination from the Tables shall be measured at locations in the entry representative of the cross-sectional areas found throughout the entry and not at locations where the entry is abnormally high (i.e. belt drives) or low (i.e. under overcasts). For belt entries that are common with other entries, the sum of cross-sectional areas for belt entries and the common entries shall be used. 

(d) Where the representative total cross-sectional area of the belt entry and the common entry exceeds the 240 square feet, the alert and alarm levels shall be determined from Table 6 for air quantities up to 202,000 cubic feet per minute (cfm). Air quantities greater than 202,000 cfm cannot be used.

5. The carbon monoxide alert and alarm levels and the ambient level(s) determined in Condition 4 shall be submitted to the District Manager for verification and shall be included in the mine ventilation plan. The District Manager is authorized to require reevaluation of alert, alarm, and ambient levels if conditions change. If changes in conditions affect the alert, alarm or ambient level, the mine ventilation plan shall be revised to reflect such changes. 

6. When the carbon monoxide monitoring system gives a visual or audible alert signal, all miners in the working sections on the same split of air shall be notified immediately and an investigation shall be conducted to determine the cause of the actuation. When the carbon monoxide system gives an audible and visual alarm signal, all miners in the same split(s) of air shall be withdrawn immediately to a safe location at least one sensor outby the sensor(s) activating the alarm, unless the cause is known not to be a hazard to the miners. When the carbon monoxide warning system gives an audible and visual alarm signal at shift change, no one shall be permitted to enter the mine except qualified persons designated to investigate the source of the alarm. If miners are en route underground, they shall be held at, or be withdrawn to, a safe location, at least one sensor outby the sensor(s) activating the alarm. When a determination is made as to the source of the alarm, and that the mine is safe to enter, the miners shall be permitted underground. The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revised to specify the actions to be taken for alert and alarm signals. Such revisions shall be approved by the District Manager. A record of each alert and alarm signal given, and the action taken, shall be maintained at the mine for a period of one year and made available to all interested persons. 

7. Personnel stationed at the surface location described in Condition 2 shall have two-way communications with all working sections. When the established alert and alarm levels are reached, such persons shall notify all working sections and other locations where personnel are normally assigned to work (e.g. belt transfers). Personnel stationed at the surface location shall also be trained in the operation of the carbon monoxide monitoring system and in the proper procedures to follow in the event of an emergency or malfunction and, in that event, shall take appropriate action immediately. 

8. The carbon monoxide monitoring system shall be examined visually at least once each shift. The monitoring system shall be inspected at intervals not exceeding 7 days to ensure that the system is operating properly. The monitoring sensors shall be calibrated with known concentrations of carbon monoxide and air mixtures at intervals not to exceed 31 calendar days. An inspection record shall be maintained on the surface and made available to all interested persons. The inspection record shall show the date and time of each weekly inspection and monthly calibration and all maintenance performed, whether at the time of the weekly inspection or otherwise. 

9. If at any time the carbon monoxide monitoring system or any portion of the system required by this Proposed Decision and Order has been de-energized for reasons such as routine maintenance or failure of a sensor unit, the belt conveyor may continue to operate provided the miners in the affected working section are notified and the affected portion of the belt conveyor entry is continuously patrolled and monitored for carbon monoxide in the following manner until the affected monitoring system is returned to normal operation:

(a) The patrolling and monitoring must be conducted by a person or persons trained in the mine evacuation plan, the operation of a handheld carbon monoxide detection device, use of the two-way communication device provided, and the following procedures: 

(1) The trained person(s) performing monitoring shall be provided with a two-way communication device enabling the person(s) to communicate with the surface; 

(2) Each of these trained persons shall be provided with a hand?held carbon monoxide detection device. A carbon monoxide detection device shall also be available for use on each working section. 

(3) If one sensor becomes inoperative, the trained person shall monitor at that sensor location; 

(4) If two or more adjacent sensors become inoperative, a trained person shall patrol and monitor the area affected; and 

(5) If the complete system becomes inoperative, a sufficient number of trained person(s) shall patrol and monitor the affected entries of the mine so that the affected entries will be traveled once each hour in their entirety.

(b) The procedure outlined above is applicable only for a short period of time that is to be determined by the reasonable amount of time required to repair or replace the equipment causing the malfunction. The mine operator shall begin corrective action immediately and continue until the defective equipment causing the malfunction is replaced or repaired. The responsible person on the surface shall immediately establish two-way communication with the working section(s) and notify them of the particular malfunction(s) or problem.

10. The details for the early warning fire detection system including, but not necessarily limited to, type of monitor, specific sensor location on the mine map, and the alert and alarm levels shall be included as a part of the mine ventilation plan required by 30 CFR 75.370. The District Manager may require additional carbon monoxide sensors to be installed as part of said plan to ensure the safety of the miners. 

11. The concentration of respirable dust in the intake air coursed through a belt conveyor haulage way shall not exceed 1.0 mg/m3. Compliance with this requirement will be determined by establishing a Designated Area (DA) sampling location within 15 feet outby the working section belt tailpiece and sampled in accordance with 30 CFR 70.208. The specific DA sampling location shall be identified in the mine ventilation plan with a four-digit number beginning with 8, followed by the middle two digits of the MMU number, and ending with 9 (i.e., 811-9 for MMU 011-0). 

12. Intake escapeways shall be maintained free of potential fire sources unless such sources are maintained as follows:

(a) Battery powered and electrical sources, allowed by 30 CFR 75.380, shall be equipped with a automatic fire suppression system installed and maintained as required by the provisions of 30 CFR 75.1107-3 through 30 CFR 75.1107-16. 

(b) Self-propelled diesel-powered equipment, allowed by 30 CFR 75.380, shall be provided with a automatic fire suppression system which meets the requirements of 30 CFR 75.1911.

13. The integrity of the atmosphere in the primary escapeway shall be protected during mine layout and design. Factors such as location of the primary escapeway with respect to the belt and return air courses, the number of entries within each air course, and the projected ventilating air quantities and pressures shall be considered. In areas of the mine developed after the effective date of this Proposed Decision and Order, the system shall be designed such that an air course containing the conveyor belt carries less than half of the air for section ventilation and, to the extent practical, the pressure differential shall be maintained from the primary escapeway to the belt entry air course. Air measurements shall be made at the locations specified in 30 CFR 75.364(c)(1). Wherever the pressure differential is from the belt entry air course to the primary escapeway, special care shall be taken to minimize leakage. This shall include the repair and sealing of ventilation controls as needed. The design of the system shall be specified in the mine ventilation plan. 

14. Any point feed, a location where intake air is introduced in to a belt conveyor entry, normally but not exclusively at the section mouth, shall be detailed and approved in the mine ventilation plan. The point feed shall comply with the parameters outlined below:

(a) The point feed control device shall be constructed as a permanent ventilation structure meeting the requirements of 30 CFR 75.333. The point feed control device (regulator) shall be constructed with an adjustable opening which can be closed during an evacuation emergency without entering the airstream passing through the point feed opening. 

(b) The air velocity maintained through the opening shall be no less than 400 fpm. 

(c) A preshift examination shall be conducted at the point feed location whenever anyone is scheduled to work or travel inby that location during the shift. 

(d) The point feed location shall be shown on the mine ventilation map. 

(e) A carbon monoxide sensor which is part of the carbon monoxide monitoring system required in this Proposed Decision and Order shall be located between 25 feet and 100 feet, at points both inby and outby the point feed location, in the belt entry.

15. Before belt haulage entries are used to ventilate working places, miners shall be trained in proper evacuation procedures, including instruction and drills in evacuation and instruction in precautions to be taken for escape through smoke. 

16. Prior to implementing the alternative method, the early warning fire detection system shall be inspected by MSHA and be fully operational and in compliance with the terms and conditions of this Proposed Decision and Order. 

17. 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 District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the conditions specified by 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

 

Reference Tables

 

 

 

TABLES USED TO DETERMINE ALERT AND ALARM SETTING

 

TABLE 1

(A) min = 50 FT²
(A) max = 90 FT²

TABLE 2

(A) min = 80 FT²
(A) max = 120 FT²

TABLE 3

(A) min = 110 FT²
(A) max = 150 FT²

 

TABLE 4

(A) min = 140 FT²
(A) max = 180 FT²

HIGHER QUANTITIES AS INDICATED BELOW CAN ONLY BE UTILIZED WHEN NECESSARY AND THEN ONLY WITH CO SETTINGS AS INDICATED OR WITH THE USE OF SMOKE DETECTORS SET AT .022 PER METER OPTICAL DENSITY

 

TABLE 5

(A) min = 170 FT²
(A) max = 210 FT²

 

HIGHER QUANTITIES AS INDICATED BELOW CAN ONLY BE UTILIZED WHEN NECESSARY AND THEN ONLY WITH CO SETTINGS AS INDICATED OR WITH THE USE OF SMOKE DETECTORS SET AT .022 PER METER OPTICAL DENSITY

 

TABLE 6

(A) min = 200 FT²
(A) max = 240 FT²

HIGHER QUANTITIES AS INDICATED BELOW CAN ONLY BE UTILIZED WHEN NECESSARY AND THEN ONLY WITH CO SETTINGS AS INDICATED OR WITH THE USE OF SMOKE DETECTORS SET AT .022 PER METER OPTICAL DENSITY