August 22, 2005
In the matter of: Petition for Modification
Consolidation Coal Company
Blacksville No. 2 Mine
I.D. No. 46-01968 Docket No. M-2004-045-C
PROPOSED DECISION AND ORDER
On October 18, 2004, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(2) to Petitioner's Blacksville No. 2 Mine, located in Monongalia County, West Virginia.
The Petitioner alleges that application of this standard will result in a diminution of safety to the miners. Petitioner also 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 without unnecessarily exposing persons to hazardous conditions.
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 at all times provide a safe work environment to the miners.
The petitioner alleges approximately 1,200 feet of return aircourse, from the regulator inby 1½ East Seals over the overcasts of Wana Mains to Wana Air Shaft, have become unsafe for mine examiners to travel. Also, the proposed alternative method of having a certified person take weekly air quantity and quality measurements at monitoring stations (B-CK-10, B-CK-11, K-12, and B-CK-13) at the start, belt air dump point, and end of the unsafe-to-travel aircourse segment will provide the same measure of protection as the standard.
MSHA’s investigation confirmed that approximately 1,200 feet of the return aircourse has deteriorated roof and roof falls, rendering the aircourse unsafe for travel and essentially impractical to rehabilitate. In addition, the investigation also confirmed that the inlet and outlet monitoring points were accessible. However, an additional checkpoint, B-CK-13, was added to capture all the ventilation air in the return air course.
Air quantity and quality measurements taken during the investigation indicate that leakage occurs in the petitioned area and the ventilation controls in the petitioned area are not examined during preshift or weekly examinations. Because these stoppings are not examined, MSHA has included requirements to monitor the level of leakage.
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)(2) to its Blacksville No. 2 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)(2) in the Blacksville No. 2 Mine is hereby:
GRANTED, for the examination of approximately 1,200 feet of unsafe-to-travel return air course, from the regulator inby the 1½ East Seals over the overcasts of Wana Mains to Wana Air Shaft, conditioned upon compliance with the following terms and conditions:
1. Four monitoring stations (identified by the petitioner as Checkpoint Numbers B-CK-10, B-CK-11, B-CK-12, and
B-CK-13) that allow effective evaluation of airflow through the air split used to ventilate the return aircourse from the regulator inby the 1½ East Seals over the overcasts of Wana Mains to Wana Air Shaft, shall be established as follows:
(a) Two monitoring stations (identified by the petitioner as checkpoints numbers B-CK-10 and B-CK-11) shall monitor the air entering the
petitioned aircourse. Check point B-CK-10 shall be located at the regulator inby 1½ East Seals, 50 feet south of spad 50, to monitor air entering the petitioned area. Checkpoint B-CK-11 shall be located in the Main North belt entry, No. 2 Block at the overcast, 100 feet south of spad 97, to monitor air entering the petitioned area.
(b) Two monitoring stations (identified by the petitioner as checkpoints B-CK-12, and B-CK-13) shall monitor the air exiting the petitioned aircourse. Check point B-CK-12 shall be located outby the Wana Mains overcasts 1 South, No. 2 Block, 50 feet south of spad 88 and checkpoint B-CK-13 shall be located outby the Wana Mains overcast between 1 South, 5 to 6 entry at No. 2 Block, 50 feet east of spad 86, to monitor air leaving the petitioned area.
2. Signs showing the safe travel route to each monitoring station shall be conspicuously posted in an adjacent travel entry. The monitoring stations and routes of travel to the monitoring stations shall be kept free of water accumulations.
3. A certified person shall conduct weekly evaluations at each of the monitoring stations. The evaluations shall include the quantity and quality of air entering or exiting the monitoring station. The evaluation shall also include a determination of the aircourse's leakage, defined and measured as stated in Paragraph 8 below. These air measurements shall be made using MSHA-approved and calibrated hand-held multi-gas detectors to check the methane and oxygen gas concentrations and appropriate, calibrated anemometers to check airflow volume.
4. A diagram showing the normal direction of the airflow shall be posted at the monitoring stations. The diagram shall be maintained in legible condition and any change in airflow direction shall be reported to the mine foreman for immediate investigation.
5. The date, initials 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, including the condition of the accessible permanent ventilation controls creating the aircourse, shall also be recorded in a book kept on the surface and made accessible to all interested parties.
6. All monitoring stations and approaches to monitoring stations 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 percent methane above the last previous methane reading or a 10 percent change in air flow quantity shall cause an immediate investigation of the affected area. The results of the investigation shall be immediately reported to the mine foreman.
8. The aircourse's initial leakage shall be determined during the first evaluation following implementation of this modification. Leakage is defined as the discrepancy between the air quantity entering and exiting the aircourse, as measured at the monitoring stations. A 10 percent change from the initial leakage in the aircourse shall cause immediate examination of all permanent ventilation structures. Damaged stoppings or other ventilation structures shall be repaired or replaced to minimize leakage. Following repairs a new “initial leakage” shall be determined and serve as the basis for subsequent evaluations.
9. The monitoring station locations 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.
10. Prior to implementing this modification, all mine personnel shall be instructed that, except along designated routes, no travel into the petitioned area 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 conduct investigations and correct 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 the area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1502 and 75.383.
11. 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
Deputy Administrator
for Coal Mine Safety and Health