Petition - Docket No. 2002-113-C

Petition for Modification

In the matter of
Monterey Coal Company
No. 1 Mine
I.D. No. 11-00726
Docket No. M-2002-113-C
30 CFR 75.350 

PROPOSED DECISION AND ORDER

On November 27, 2002, Monterey Coal Company, filed a petition seeking to amend the special terms and conditions used in granting a modification of the application of 30 CFR 75.350 to its No. 1 Mine, located in Macoupin County, Illinois. The modification had been granted in a Proposed Decision and Order (PDO), issued October 4, 2001, and finalized November 3, 2002, for Docket No. M-2001-059-C.

The petitioner requests those special terms and conditions be amended to allow belt air to be used to ventilate working places from a location inby the furthest inby conveyor drive for the remaining length of panels. This change would remove the current restriction which limits the use of belt air to be used to ventilate active working places in longwall development sections and in retreating longwall panels, from a point not less than 8,000 feet from the panel mouth. The requested amendment would also recognize that the mine has been operating under the previous terms and conditions. In doing so, the petitioner has established the ambient Carbon Monoxide (CO) levels for the fire detection system and included provisions for reevaluating the ambient CO levels in the mine approved ventilation plan.

Petitioner alleges that the amended 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 to amend the special terms and conditions of Docket No. M-2001-059-C 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 PDO is issued.

Finding of Fact and Conclusion of Law

The original petition filed by Monterey Coal Company is an atypical belt air petition. As originally proposed, the petition would permit the use of the belt entry to ventilate active working places only in longwall developments and only in areas beyond 8,000 feet from the panel mouth. At this location, intake air would be directed into the belt haulage entry where it would split. Inby from this location, the belt would act as an additional intake airway. Outby from the split point, the belt would be ventilated toward the panel mouth in the normal fashion employed by the Petitioner.

The original petition was filed because an increase in panel length to 12,500 feet was planned which makes maintaining the required minimum air velocity in the belt entry extremely difficult. Ventilation of belt entry at panel lengths of 10,000 feet was difficult and problematic. Also, intake air available for longwall face ventilation is diminished to maintain a minimum air velocity of 50 feet per minute in the panel belt entry. This is the minimum air velocity necessary for proper functioning of the Atmospheric Monitoring System (AMS) which utilizes (CO) sensors. In addition to the main mine fan, the Petitioner relies on a separate fan at the rear of four-panel longwall districts.

However, the implementation of the modification originaly granted was not entirely successful in that simulations of the mine ventilation shows the mine does not have sufficient air available to assure a minimum airflow velocity on the two splits of air. As a result, this amendment requested the point feed location to be closer than 8,000 feet from the panel mouth but inby the furthest belt drive location. This less restrictive language is necessary to assure adequate air flow in both splits of air ventilating the belt until an additional ventilation shaft is completed.

The investigation report verified the conditions stated in the request to amend the granting terms and condition of Docket No. M-2001-059-C. The investigators discussed the petition with the organized labor representative at the mine. The labor representative agrees with the Petitioner that the amended modification should be granted.

The amended 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 to amend Docket No. M-2001-059-C and the findings of MSHA's investigation, Monterey Coal Company is granted the amended modification of the application of 30 CFR 75.350 to its No. 1 Mine. When this PDO is final it will supercede the modification granted under Docket No. M-2001-059-C.

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 Monterey Coal Company=s Petition for Modification of the application of 30 CFR 75.350 in the No. 1 Mine is hereby:

GRANTED, to allow air coursed through conveyor belt haulage entries to be used to ventilate active working places in longwall development sections and in retreating longwall panels, from a location inby the furthest inby conveyor drive for the remaining length of the development section or retreating panel, conditioned upon compliance with the following terms and conditions:

1. An early warning fire detection system (carbon monoxide monitoring system) shall be installed as follows:

(a) The CO monitoring system shall be installed in all belt entries utilized to course intake air to a working place.

(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 CO 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 CO 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 CO 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. These signals must also be seen and heard at a location on the surface of the mine where a person designated by the operator to oversee the CO monitoring system (CO monitoring person) is on duty at all times when miners are underground. This can be the same person as the responsible person designated by the operator for purposes of 30 CFR 75.1501 or it can be a different person whose job is directed to oversee the CO monitoring system. 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 CO 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 either the CO monitoring person or the responsible person designated under 75.1501 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 CO 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 CO monitoring system shall be capable of identifying any activated sensor(s).

(g) The CO 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 CO monitoring system shall be de-energized if not intrinsically safe as required by 30 CFR 75.313(e).

(h) The CO 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 CO 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 PDO.

(1) The CO 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 CO 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 ambient CO level, in all areas where carbon monoxide sensors are installed, has been tested as a condition of the previously granted modification issued under Docket No. M-2001-059-C and determined to be one (1) PPM. The ambient level of CO was obtained from a RelTec Fireboss 100B model monitor. Hourly monitoring occurred, after notification of MSHA, for five (5) consecutive operating shifts on Monday November 5, 2001,and Tuesday, November 6, 2001, and recorded results are included in the current approved mine ventilation plan.

(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 264,000 cubic feet per minute (cfm). Air quantities greater than 264,000 cfm cannot be used.

5. The CO 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 c onditions 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 CO 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 CO 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 responsible person designated under 75.1501 orders the miners to be evacuated in accordance with the mine emergency evacuation and fire fighting program. Where the cause of the audible and visual alarm signal is known not to be a hazard to miners, they may remain on the working section. When the CO 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 unless an evacuation is ordered by the responsible person designated under 75.1501. 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 emergency evacuation and fire fighting program required by 30 CFR 75.1502 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. The CO monitoring person, 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 person shall notify all working sections and other locations where personnel are normally assigned to work (e.g. belt transfers) and follow the provisions of condition 6 above. If the CO monitoring person does not also serve as the responsible person designated under 75.1501, he/she must also immediately notify the 75.1501 responsible person. Personnel stationed at the surface location shall also be trained in the operation of the CO 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 CO 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 CO 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 CO 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 CO detection device. A CO 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. A new conveyor-belt flammability test has been developed by MSHA. When compatible belting identified by MSHA as having passed the new flame-resistant test becomes commercially available, all subsequent belt purchases shall be of this improved type belting.

13.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.

14. 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.

15. The point located inby the furthest inby conveyor drive for the remaining length of the development section or retreating panel, where intake air is routed into the belt entry, 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 CO sensor which is part of the CO monitoring system required in this PDO shall be located between 25 feet and 100 feet, at points both inby and outby the point feed location, in the belt entry.

16. 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.

17. Prior to implementing the amended 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 PDO.

18. Within 60 days after this PDO 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 this PDO.

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

 

 

 

Attachment:  TABLES USED TO DETERMINE ALERT AND ALARM SETTING

 

 

 

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