JUL 01 2019
In The Matter of PETITION FOR MODIFICATION
Ciner Wyoming, LLC.
Big Island Mine & Refinery
Mine I.D. No. 48-00154 Docket No. M-2018-003-M
Mine Safety and Health Administration 201 12th Street South, Suite 401 Arlington, Virginia 22202-5452
PROPOSED DECISION AND ORDER
On February 20, 2018, Giner Wyoming, LLC. (Giner) filed a petition seeking modification of the application of 30 C.F.R. § 57.22305 to its Big Island Mine in Sweetwater County, Wyom ing. The mine is a Category Ill gassy mine in accordance with 30 C.F.R. § 57.22003(a)(3).1 The Petitioner seeks to establish an alternative method in lieu of the applied mandatory safety standard for approved equipment. In addition, the Ciner Petition alleges that the application of the standard, as currently enforced by the Rocky Mountain District, will result in the diminution of safety to the miners affected.
30 C.F.R. § 57.22305, Approved equipment (Ill mines) provides:
Equipment used in or beyond the last open crosscut and equipment used in areas where methane may enter the air current, such as pillar recovery workings, longwall faces and shortwall faces, shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36.
Equipment shall not be operated in atmospheres containing 1.0 percent or more methane.
On March 7-8, 2018, MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement (Administrator). After a careful review of the entire record, including the petition and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
1 Under 30 C.F.R. § 57.22003, " Category Ill applies to mines in which noncombustible ore is extracted and which liberate- a concentration of methane that is explosive, or is capable of forming explosive mixtures with air, or have the potential to do so based on the history of the mine or the geological area in which the mine is located ." See 30 C.F.R. § 57.22003(a)(3)
(Table 1: "Relation between Quantitative Composition and Explosibility of Mixtures of Methane and Air").
Findings of Fact and Conclusions of Law
Giner mines trona from its underground operation, 18 miles northwest of Green River, Wyoming. Specifically, Giner mines two trona beds, some 50 vertical feet apart. The upper bed is approximately 800 feet below the surface, while the lower bed is approximately 850 feet below the surface. Giner mines trona by the room and pillar method. The mine operates 24 hours a day, seven days a week, and employed an average of 154 employees in the mine department in 2018. The mine methane liberation recorded on January 28, 2019, was 0.9 million cubic feet in 24 hours.
In December 2016, MSHA issued Giner a citation for a violation of 30 G.F.R. § 57.22305 when an inspector observed a piece of non-permissible mobile equipment in the same room as the continuous miner, which had been backed out of the face for servicing.
Giner contested the citation, challenging whether permissible equipment is required in this location. In an attempt to avoid litigation, Giner and the Rocky Mountain District stayed the contested case hearing pending the submission of and determination on this Petition.
The Petitioner alleges that:
Giner has formulated a methodology, set forth in this Petition, that (1) provides operational certainty regarding the use of non-permissible equipment in permissible areas of active mining sections for Giner's mining operations unique to the Big Island Mine; and (2) minimizes Giner employees' exposure to red zone2 hazards.
Petitioner's second point above alleges that the application of the standard, as currently enforced by the Rocky Mountain District, will result in the diminution of safety to the miners affected. Specifically, the Petitioner alleges that tramming of the continuous miner to an outby location before servicing, performing maintenance, or loading of roof bolting materials exposes miners unnecessarily to red zone hazards.
Petitioner cited a fatal accident at the mine in 2004 related to tramming the continuous miner out of the active face. This was the only data the Petitioner provided in support of its allegation that excessive tramming of the continuous miner is a diminution of safety. MSHA's 2004 fatal investigation report indicated the root cause of the accident was ineffective communication between the continuous miner operator and the roof bolter operator, and the victim not following established procedures for remote controlled continuous mining machines. In response to this fatality, Giner revised remote control, continuous mining procedures and trained all affected employees to ensure that they understand and follow the procedures.
Proximity detection systems have been developed over the past decade to reduce miners' exposure to significant hazards from pinning, crushing, and striking accidents
2 A red zone in this context is when a miner positions himself/herself at risk of being struck by the continuous miner or caught between the continuous miner and the rib.
that can result in life threatening injuries and death. In United States coal mines, proximity detection systems for continuous mining machines are now a legal requirement, which has resulted in a reduction in reported injuries and fatalities. The three year phase-in of proximity detection systems for all continuous miners in coal mines in the United States was completed in 2018. Currently, none of the continuous mining machines at the Big Island Mine utilize proximity detection, although such systems could be retrofitted to these machines.
Based on the availability of proximity detection systems that can reduce miners' exposure to significant hazards from pinning, crushing, and striking accidents that can result in life threatening injuries and death, the Petitioner failed to establish that tramming the continuous miner from the face to an outby location constitutes a diminution of safety to miners.
As an alternative method of compliance with 30 C.F.R. § 57.22305, Petitioner proposes a methodology for the use of non-permissible equipment in the room being mined to facilitate servicing the continuous miner, including loading of roof bolts onto the continuous miner. Petitioner identifies relevant Subpart T standards for Category Ill mines relevant to the alternative method, and includes the following additional pracedures:
- When the continuous miner is cutting ore, non-permissible equipment shall be staged outby the room being mined, or as phrased by Giner, outby a non permissible equipment staging boundary.
- Non-permissible equipment may be operated in the room being mined to service the continuous miner (including loading bolts) only when the continuous miner is not cutting ore.
- A competent person will monitor for methane immediately before and during use of non-permissible equipment to service the continuous miner. Non-permissible equipment that enters the room being mined shall not travel in or beyond the intersection closest to the active face, which Giner refers to as the permissibility boundary.
- Competent personnel engaged in the use of non-permissible equipment will be properly trained to recognize the hazards and limitations associated with the use of non-permissible equipment.
- As the continuous miner advances a room in a development sequence, Giner shall install foam curtains on the crosscut outby the last open crosscut, which Giner defines in the petition as the last open crosscut perpendicular to the direction of the room being mined and at the boundary of intake and return air systems.
Based on the following, MSHA determined these procedures will reduce the risk of a methane ignition:
Items one, two and three address methane liberation. Thorough monitoring for the presence of methane prior to and throughout the time that non-permissible equipment is
located in the room being mined ensures that methane hazards are detected. The risk of methane liberation in the room being mined is highest at the active face and especially while the continuous miner is cutting ore. MSHA requires that once cutting ore ceases, the operator tram the continuous miner outby the active face, under supported mine roof, to provide safe access to the continuous miner.
MSHA also requires that the action level for methane be reduced to 0.5 percent when non-permissible equipment is present in the room being mined. This reduced action level would provide the same level of protection against ignitions under 30 C.F.R. § 57.22103, as it applies to welding, cutting, or other maintenance work. This reduced methane action level provides an acceptable margin of safety for the use of non permissible equipment to service the continuous miner (including loading of roof bolts) as it applies to development and retreat mining panels at the Big Island Mine.
Item four ensures that all personnel engaged in the use of non-permissible equipment servicing the continuous miner, as described in the subject petition for modification, will be fully trained in the requirements of this petition.
Item five provides for positive ventilation to dilute any methane liberated in the area where the Petitioner contemplates servicing the continuous miner, and where non permissible equipment may be present. MSHA alternatively requires that the quantity of air coursed over the non-permissible equipment when located in the room being mined, be at least 9,000 cubic feet per minute, or higher, if necessary to ventilate liberated methane.
Finally, MSHA reviewed the mine's history of methane ignitions. Giner has had ten methane ignition incidents in the past 31 years. In all cases, the methane was from a point source. In eight of ten occurrences, the source of methane was a crack in the mine floor. All ignitions occurred at active mining panels, and the majority were in connection with maintenance work on the continuous miner, which involved either the use of a cutting torch or welding. In every incident, the methane ignition resulted in a small fire at the point source. MSHA further notes that low levels of methane have been routinely detected (typically in the 0.2 percent to 0.3 percent range) at active mining panels in this mine.
Taken in total, the additional precautions described above to allow the limited use of non-permissible equipment in the room currently being mined, for servicing the continuous miner (including loading of roof bolts), reduce the likelihood of ignition of an undetected accumulation of methane. This alternative method of compliance is at least as protective as compliance with the subject standard, considering the mining method employed, and the specific conditions present at the Big Island Mine.
Order
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.G. § 811(c), Giner Wyoming, LLG's request to use non-permissible equipment to service the continuous miner, as a modification of 30 G.F.R. § 57.22305 at the Giner Wyoming, LLG, Big Island Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements;
- When the continuous miner is cutting ore, non-permissible equipment shall not enter the room being mined.
- Non-permissible equipment may be operated in the room being mined to service the continuous miner (including loading roof bolts) pursuant to the following requirements:
- The continuous miner is not cutting ore;
- The continuous miner is trammed outby the last row of bolts in the room such that all work performed would be under supported roof;
- The quantity of air coursed over the non-permissible equipment in the room being mined meets or exceeds 9,000 cubic feet per minute;
- The atmosphere in which the continuous miner is located, and non permissible equipment is to be used, contains less than 0.5% methane;
- A competent person, as defined in 30 G.F.R. § 57.22002, will monitor for methane in the mine atmosphere (as defined in 30 G.F.R. § 57.2 at any point at least 12 inches away from the back, face, rib, and floor) immediately before and during use of non permissible equipment to service the continuous miner.
- All personnel engaged in the use of non-permissible equipment as described in this petition for modification will be properly trained to recognize the hazards and limitations associated with the use of non permissible equipment, and in the specific requirements contained herein.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 G.F.R. § 44.14, with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Suite 401, Arlington, Virginia 22202. If a hearing is requested, the request must 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 and Order. A party other than the Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. 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, this Proposed Decision and Order will become final and shall be posted by the operator on the mine bulletin board at the mine.
/s/
Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed, postage paid, or provided by other electronic means this 1st day of July, 2019 to:
Ms. Wendy Straub, Mine Manager
Ciner Wyoming LLC
PO Box 513
254 County Road 4-6 Green River, WY 82935
Mr. Gary Smith, Miners' Representative
Ciner Wyoming LLC
500 River View Drive
Green River, WY 82935
/s/
Kim Picott-Wagner
Secretary