In the matter of Petition for Modification
Raw Coal Mining Company, Inc
EDMNo.1 Mine
I.D. No. 46-09507 Docket No. M-2018-017-C
PROPOSED DECISION AND ORDER
On August 14, 2018, a petition was filed seeking a modification of the application of 30
C.F.R. § 75.1101-1(b) to Raw Coal Mining Company, Inc.'s, EDM No. 1 Mine in Mcdowell County, West Virginia. The petitioned standard, 30 C.F.R. § 75.1101-1(b) states, in relevant part:
Nozzles attached to the branch lines shall be full cone, corrosion resistant and be provided with blow off dust covers.
Petitioner proposes to conduct weekly examinations and functional testing of the deluge fire suppression systems as an alternative method of complying with the standard. 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 and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Findings of Fact and Conclusions of Law
The EDM No. 1 Mine is an active underground coal mine employing 23 persons working underground on two production shifts per day, five days a week. The mine utilizes two continuous mining machines for development and shuttle cars for haulage. An average of 600 tons of coal is produced daily with an average mining height of 40 to 60 inches.
Currently, the EDM No. 1 Mine complies with the requirements of Section
75.1101-1(b) by providing each nozzle with a blow-off cover. In view of the frequent inspections and functional testing of the system, the dust covers are not necessary because the nozzles can be maintained in an unclogged condition through weekly use.
Further, it is burdensome to recap the large number of covers weekly after each inspection and functional test.
The Petitioner avers that there are no requirements for the mine to conduct regular inspections and functional tests of the deluge-type fire suppression systems described under 30 C.F.R. § 75.1101-1(b). The Petitioner alleges that frequent inspections and functional testing of the systems will maintain the nozzles in an unclogged condition.
Contaminated mine water systems and corrosion deposits create restrictions which result in reduction or closure of the water spray orifices on fire suppression systems.
In order to ensure that the fire suppression system is functional and adequate, a method of visual examination coupled with a measuring mechanism of the residual water pressure is necessary.
The proposed alternative method, as amended by MSHA, will at all times provide the same measure of protection to the miners as afforded the miners under 30 C.F.R.
§ 75.1101-1(b). On the basis of the petition and the findings of MSHA's investigation, Raw Coal Mining Company, Inc is granted a modification of the application of 30 C.F.R.
§ 75.1101-1(b) to its EDM No. 1 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., as amended, Sec. 811(c), it is ordered that Raw Coal Mining Company, Inc.'s, Petition for Modification of the application of 30 C.F.R. § 75.1101-1(b) to its EDM No. 1 Mine is hereby:
GRANTED, for weekly examination and functional testing of deluge type fire suppression systems installed at conveyor belt drives in lieu of dust covers for nozzles on branch lines of water deluge fire suppression systems conditioned upon compliance with the following terms and conditions:
1. Once every 7 days, a person trained in the testing procedures specific to the water deluge type fire suppression systems utilized at each belt drive shall:
a. Conduct a visual examination of each of the water deluge type fire suppression systems.
b. Conduct a functional test of the water deluge type fire suppression systems by actuating the system and observing its performance.
c. Take residual water pressure measurements at the most hydraulic demanding nozzle to determine whether the system meets the manufacturer's specifications.
d. Record the results of the examination, functional test and residual water pressure measurements in a book maintained on the surface for that purpose. The record shall be made available to the authorized representative of the Secretary and retained at the mine for one year.
2. Any malfunction or clogged nozzle detected as a result of the weekly examination or functional test shall be corrected immediately.
3. The procedure used to perform the functional tests shall be posted at or near each belt drive that utilizes a water deluge fire suppression system.
4. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify the procedures used to conduct the weekly functional test during initial and refresher training.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12 th Street South, Arlington, Virginia 22202-5452.
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 may 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.
/s/
Timothy Watkins
Deputy Administrator for
Coal Mine Safety and Health
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage paid, or provided by other electronic means this 5th day of November , 2018, to:
Mr. Edward A. Asbury
President/ Owner
356 South College Ave.
Bluefield, VA 24605
cwhi tt.smi@frontier.com
/s/
Tammi Carrington
Secretary
cc: Mr. Marshall R. Moore, Chief Mine Inspector, 3405 Mountain Empire Rd.
P.O. Drawer 900, Big Stone Gap, VA 24219, (276) 523-8225
Dminfo@d mme.virginia.gov.