In the matterof: Petition for Modification Oak Grove Resources, LLC
Oak Grove Mine
I.D. No. 01-00851 Docket No. M-2004-019-C
PROPOSED DECISION AND ORDER
On May 4, 2004,a petition was filed seekinga modification of the application of 30 CFR 75.507 to Petitioner's Oak Grove Mine, located in Jefferson County,Alabama. The Petitioner allegesthat the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection affordedby the standard.
MSHA personnelconducted an investigation of the petitionwith its attacheddiagrams for the pump installations at the Oak Grove Mine and fileda report of their findingsand recommendations with the Administrator for Coal Mine Safety and Health.After a careful review of the entire record, including the petition and diagrams, comments and MSHA's investigative report and recommendation, this ProposedDecision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposedby the Petitioner (as amended by the recommendations of MSHA investigators) will at all times guarantee no less than the same measure of protection affordedthe miners under 30 CFR 75.507.
MSHA is requiring, for this 30 CFR 75.507 petition only,that the surfacepump installations and control and power circuit(s) be examined under the 30 CFR 77.502 requirements because the circuit(s) that enter into the underground areas of the mine cannot be examinedin their entiretyto satisfy the requirements of 30 CFR 75.512 or the 30 CFR 75.364(b)(7) weekly examination requirement.
MSHA receivedcomments from the UnitedMine Workers of America(UMWA) regarding the wording of Petition M-2004-019-C in the following items:
1. Item 5b on page 2– The UMWA believes the low water probe shouldbe located greaterthan three (3) feet above the water pump.
The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, datedAugust 16, 2004, indicates that at no time will the water level above the pump inlet be less than the manufacturer’s recommendation or 30 feet, whichever is greater.In addition, the manufacturer of the pump unit has stated that the pump(s)will cavitate when the water is less than 30 feet above the pump inlet. Based on this information, MSHA, in Item 4(b) of this petition, requires the low water probe to be locatednot less than 30 feet above the pump inlet and motor and electrical connections of the pump(s). When the water levelreaches the low waterprobe, the pump(s) will cease operation and the pump(s) must not start in either the manual or the automaticmode.
2. Item e(i) on page 3– The UMWA believesthat the pump shouldnot start if the low water probe is malfunctioning.
The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, datedAugust 16, 2004, indicates that at no time will the water level above the pump inlet be less than the manufacturer’s recommendation or 30 feet, whichever is greater. In addition, the manufacturer of the pump unit has stated that the pump(s)will cavitate when the water is less than 30 feet abovethe pump inlet. Based on this information, MSHA, in Item 4(b) of this petition, requiresthe low water probe to be located not less than 30 feet above the pump inlet and motor and electrical connections of the pump(s). When the water levelreaches the low waterprobe, the pump(s) will cease operation and the pump(s) must not start in either the manual or the automaticmode.
3. Item e(iii) on page 3– The UMWA objects that no action plan is includedin this sectionand that this section does not require the process to be monitored.
The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, dated August 16, 2004, indicates that the comments submitted by the UMWA were not clear as to what “action plan” would be required.As stated by the pump manufacturer, the high water probe is the upper limitation of the water level that signals the pump(s)to start. The start and operational aspects of the system is continuously monitored to assure that the pump(s) and component(s) are operating properly.
4. Item g on page 4– The UMWA believes that languageshould read “will” insteadof “can.”
The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, dated August 16, 2004, states that management has indicated that the remote control system can and will be used. It was further understood that the remote controlsystem would not be designed to start the pump system if a groundedphase, short circuit,or overload conditionis present. In addition to the terms and conditions spelled out in this petition,the mine operator is required by other 30 CFR Standards to regularly inspectand maintain the equipmentin a safe operating condition at all times after it is installed.
5. Item j on page 4– The UMWA objects to this language in that they believe that action should be taken to develop these revisionsnow, so that they may be reviewed by the “Representative of the Miners”,and the revisionshould be in place once the Modification is approved. The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, dated August 16, 2004, indicates that management agreed to prepare the revisions of the training plan and provided copies of such revisions to representatives of the UMWA before the petitionwas approved.
6. The UMWA does not believethat the proposedModification provides enough information about the cablesto be used in the deep well installations.
The District 11 Investigation Report of Petitionfor Modification of 30 CFR Section 75.507, dated August 16, 2004,indicates that when no other provisions are indicated in the proposed Petition for Modification, the installation of the powercables will be in accordance with the National Electric Code. In additionto the requirements of this petition,the 30 CFR Standards requirethe mine operator to provide the requiredprotections for high voltage cablesused in these types of installations.
7. The UMWA believesthat these cables should not be repairedor spliced, but should alwaysbe replaced in their entirety in the event of damageor failure.
The District 11 Investigation Report of Petitionfor Modification of 30 CFR Section 75.507, dated August 16, 2004, indicates that the petitionwording allows splices to be made in accordance with the requirements of 30 CFR 75.604. Thisrequirement specifies how permanent splicesmust be made in trailingcables and are based on studies conductedby MSHA to determine their durability and conductivity when made in the mannerprescribed by the standard. These permanent-type splicesare durable enough for use on high-voltage continuous miners and high-voltage longwalls that are presently used in the mining industry and are subjectedto much more physicalabuse than cables used for stationary pump installations.
8. The UMWA believesthat the proposedPetition for Modification, in order to at all times guarantee no less than the same measure of protection affordedMiners by the present application of such standard,must include the following:
(1) The diameter of the borehole and casing
(2) The diameter of the discharge pipe
(3) The depth of the rat hole
(4) The distance from the bottomof the casing to the bottom of the rat hole
(5) The location of the pump, pump motor, and electrical connections
(6) The location of the water inlets
(7) The location of the high water and low water probes
(8) The well head
(9) The surface electrical installations and enclosure
The District11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, datedAugust 16, 2004, indicates that the mine operator and the pump manufacturer provided this information to the miners at the mine.
9. The proposed Petitionfor Modification should also include the following:
(1) The surface locations of all projecteddeep well installations and present boreholes
(2) The elevations of surfacelocations
(3) The depth of each borehole (present and projected)
(4) The elevations of the mine floor at all present and projected boreholes
The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, dated August 16, 2004, indicates that the mine operator provided this information to the UMWA and mine maps showing this information were submittedby the mine operator as part of this petition.
10. Due to the possibility of the electrical components being exposed to an explosivemixture of methanein the borehole and rat hole, the UMWA requeststhat electrical examinations of the pump controls and power circuit be made at leastonce every seven
(7) days and the results recordedin a book approved by the Secretary.
The District 11 Investigation Reportof Petition for Modification of Section 30 CFR 75.507, dated August 16, 2004, did not address this statement. Becausethe power and control circuitssupply stationary equipment located on the surface, MSHA required a monthlyexamination of these circuits.This is the same examination requirement for all surface electrical circuits and equipmentas required by 30 CFR 77.502, whichincludes record keepingrequirements.
11. The UMWA is very concernedthat these deep wells could provide a path for lightning to enter sealed areas.
The District 11 Investigation Report of Petitionfor Modification of Section 30 CFR 75.507, dated August 16, 2004, indicates that the lengthof the casing (1,200 feet plus/minus) should allow dissipation of the electrical charge into the earth. In addition, the mine operator, to further reduce the risk of lightning strike at an abandoned well site, proposedto remove five (5) feet of the pipe (after filling the remainder of the pipe with concrete) and to cover the area with earth. In May 2001, the National Institutefor Occupational Safety and Health (NIOSH) issued Circular 489 in responseto a joint request from the UMWA and MSHA for NIOSH to identify techniques that would reducethe probability of gob gas explosions. NIOSH recommended, amongother things, minimizing the pressure differentials across seals in order to reduce the air leakage throughthe seal. This reduces the formationof large flammablemethane-air volumes in the gob. Minimizing the pressure differentials can best be accomplished using seals in accordance with 30 CFR 75.335, and by maintaining balanceacross the sealed areas with the mine ventilation system in accordance with 30 CFR 75.370. If the mine complies with these two standards, methane levelswithin the sealedareas will remain abovethe flammable limit and lightning or other potentialignition sources will not create a hazard.
On the basis of the petitionand the findings of MSHA's investigation, Oak Grove Resources, LLC is granteda modification of the application of 30 CFR 75.507 to its Oak Grove Mine.
ORDER
Wherefore, pursuantto the authority delegated by the Secretaryof Labor to the Administrator for Coal Mine Safetyand Health, and pursuant to Section 101(c)of the Federal Mine Safetyand Health Act of 1977,30 U.S.C., Sec. 811(c), it is orderedthat Oak GroveResources, LLC’s Petition for Modification of the application of 30 CFR 75.507 in the Oak Grove Mine is hereby:
GRANTED, for the use of three-phase, alternating current, submersible pump(s) installed in returnand bleeder entriesand in sealed areas in the Oak Grove Mine, conditioned upon compliance with the following terms and conditions:
1. The three-phase, 2,400-volt, alternating-current electric power circuit(s) for the pump(s) shall be designedand installed to:
(a) Contain either a direct or derived neutral,which shall be grounded through a suitable resistor at the sourcetransformer or power center. A grounding circuitoriginating at the grounded side of the grounding resistor must extend along with the power conductors and serve as the groundingconductor for the frame of the pump(s)and all associated electric equipment that may be suppliedpower from this circuit(s). The borehole casing shall be bondedto the system grounding medium.
(b) Contain a groundingresistor that limits the ground-fault currentto not more than 6.5 amperes. The grounding resistormust be rated for the maximumfault current availableand must be insulated from ground for a voltageequal to the phase-to-phase voltageof the system.
2. The following protection(s) for the pump power circuit(s) shall be providedby a suitable circuitinterrupting device of adequate interrupting capacity with devicesto provide protection against undervoltage, grounded phase, short-circuit, and overload.
(a) The under-voltage protection device shall operate on a loss of voltageto prevent automaticre-starting of the equipment.
(b) The grounded phaseprotection device shall be set not to exceed 50 percent of the currentrating of the neutral groundingresistor.
(c) The short circuitprotection deviceshall not be set to exceed the requiredshort circuit protection for the power cable or 75 percentof the minimum available phase-to-phase short circuit current,whichever is less.
(d) Each power circuit shall containa disconnecting devicelocated on the surface and installed in conjunction with the circuitbreaker(s) to provide visualevidence that the power is disconnected.
(e) The disconnecting device(s) shall includea means to visually determine the pump power circuit(s) is/are disconnected and be providedwith a means to lock, tag-out,and ground the system(s).
(f) The disconnecting device(s) shall be designedto prevent entry unless the disconnect handle is in the “off” positionand the circuit is grounded.
(g) The disconnecting device(s)shall be clearlyidentified and providedwith warning signsstating, “Danger. Do not enterunless the circuitis opened, locked,tagged-out, and grounded.”
3. The three-phase, alternating-current system(s) shall be providedwith a low resistance grounding medium for the groundingof the lightning/surge arresters for the high-voltage pump power circuit(s) that is separatedfrom the neutralgrounding mediumby a distance of not less than 25 feet.
4. The electric control circuit(s) for the pumps shall meet the followingrequirements:
(a) The control circuitshall be equipped with a probecircuit that determines a high and low water level.
(b) The low water probe shall be locatednot less than 30 feet above the pump inlet and motor and electrical connections of the pump(s).When the water levelreaches the low water probe, the pump(s) will cease operation and the pump(s) shallnot start in either the manualor automatic mode.
(c) When the waterlevel reaches the high water probe, the pump will start operation.
(d) The high and low water probes must consistof redundant electronic pressure transducers that are suitable for submersible pump controlapplication.
(e) All probe circuitsshall be protectedby MSHA-approved, intrinsically safe barriers.
(f) The grounded-phase protective circuit for pump(s)shall be able to be tested by injecting a test currentthrough the grounded-phase current transformer.
(g) A remote control and monitoring system can be used with the pump systemfor condition monitoring and for remote startupand shutdown controlof the pumps. The remote control and monitoring systemshall not allow remote reset of the pump power systemwhen fault conditions (e.g. grounded phase, short circuit,or overload) exist on the system.
(h) Splices and connections made in submersible pump cables shall be made in a workmanlike manner and shall meet the requirements of 30 CFR 75.604.
5. The surface pump control and power circuit(s) shall be examinedas required by 30 CFR 77.502.
6. The power cable to the submersible pump motor(s) must be suitablefor this application, have a currentcarrying capacitynot less than 125 percent of the full load motor currentof the submersible pump motor,and have an outer jacketsuitable for a wet location.
The power cable must be supported at the entranceto the borehole and throughout its lengthby securing it with clamps, spacedapproximately 25 feet apart,affixed to the dischargepipe casing.
7. The pump installations must complywith all other applicable 30 CFR requirements.
8. Within 60 days after this Petition for Modification is granted,the Petitioner shall submit proposedrevisions for their approved 30 CFR Part 48 trainingplan to the Coal Mine Safetyand Health DistrictManager. These proposed revisions shall specify task training for all qualified mine electricians who perform electricwork, monthly electricexaminations as required by 30 CFR 77.502, and refresher trainingregarding the alternative method outlined in the petitionand the terms and conditions stated in the Proposed Decisionand Order.
The procedures of 30 CFR 48.3 for approval of proposed revisions to already approved trainingplans shall apply.
Any partyto this action desiring a hearingon this matter must file in accordance with 30 CFR 44.14,within 30 days, a requestwith the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
If a hearing is requested, the requestshall contain a concisesummary of positionon the issues of fact or law desired to be raisedby the party requesting the hearing, including specific objections to the proposeddecision. A partyother than Petitioner who has requested a hearing shall also comment upon all issuesof fact or law presentedin the petition, and any party to this action requesting a hearing may indicatea desired hearingsite.
If no request for a hearingis filed within30 days after servicethereof, the Decisionand Order will become final and must be postedby the operator on the mine bulletinboard at the mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health