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Petition - Docket No. M-2019-001-M

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Underground equipment being used in a mine

8/21/2020

In The Matter of                                              PETITION FOR MODIFICATION

Genesis Alkali LLC

Genesis Alkali @ Westvaco Mine

Mine I.D. No. 48-00152                                  Docket No. M-2019-001-M



PROPOSED DECISION AND ORDER



On February 26, 2019, Genesis Alkali LLC, filed a petition seeking a modification of the application of 30 C.F.R. § 57.22305 to petitioner's Genesis Alkali @Westvaco Mine (Genesis Mine) located in Green River, Sweetwater County, Wyoming.



The petitioned standard, 30 C.F.R. § 57.22305, approved equipment, states in part,

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 C.F.R. § 18 through 36. Equipment shall not be operated in atmospheres containing 1.0 percent or more methane.

The petitioner is requesting a modification of the standard to allow the use of non-permissible pumps in areas where methane may be present. The petitioner contends that the alternative method outlined in the petition, operating a submersible mine pump in a flooded area of the underground mine, would at all times guarantee no less than the same measure of protection afforded by the standard.



MSHA personnel conducted an investigation into the merits of the petition and filed a written report of their findings with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition, MSHA's investigative report, and responses from requests for additional information, the Administrator issues this Proposed Decision and Order.



Findings of Fact and Conclusions of Law



Genesis Alkali @Westvaco Mine (Genesis Mine) mines trona from its underground operation, located 20 miles west of Green River, Wyoming. Genesis Mine utilizes a longwall mining system, with room and pillar development, at a depth of approximately 1,500 feet below the surface. The mine employs approximately 907 employees. Genesis Mine works two 12 hour production shifts, 7 days a week. The mine methane liberation recorded on May 7, 2020, was 5.8 million cubic feet in 24 hours. This mine entered into the 103 (I) Status on July 4, 1976 and meets Mine Gas Category III.

30 C.F.R. §57.22003, Mine category or subcategory states in part, (a) All underground mines, and the surface mills of Subcategory I-C mines (gilsonite), shall be placed into one of the following categories or subcategories to protect persons against the hazards of methane and dusts containing volatile matter. Categories and subcategories are defined as follows:



(3) Category III 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. The concentration of methane in such mines is explosive or is capable of forming explosive mixtures if mixed with air as illustrated by Table 1 below, entitled “Relation Between Quantitative Composition and Explosibility of Mixtures of Methane and Air”.  Please refer to Table 1.



Genesis Mine achieves secondary recovery of trona using a solution mining method. This process currently involves flooding abandoned areas of the room and pillar workings underground then pumping out the resulting water solution containing trona for processing on the surface. The mine currently pumps this water solution containing trona from accessible and ventilated areas of the underground area. This process is accomplished via several large pumps installed throughout the mine in accessible underground areas.



Genesis’ alternative method proposal includes this same process of secondary recovery of trona by pumping water/trona solution from certain abandoned flooded areas of the room and pillar workings underground. However Genesis’s proposed alternative method positions these pumps in underground areas of the mine that are not accessible from the underground mine. The proposed alternative method includes installing these pumps through a well drilled from the surface. The proposal intends to use submersible pumps that are not MSHA approved in underground mine areas where elevated levels of methane exist. The underground mine area where the pump location is proposed is located within an estimated area of approximately 84 acres that impounds approximately 22 million gallons of water. Thus, the proposed pump location is not accessible by miners underground. See Figure 1.



MSHA first reviewed all of the information available that was originally included in the petition for modification request. The pump location is not accessible and there were no facilities installed and located on the surface area of the mine having MSHA jurisdiction. Therefore, MSHA initially did not conduct a field investigation. MSHA requested additional information based upon the original petitioner’s request.



On April 12, 2019 the petitioner provided three documents in response to MSHA’s request to provide additional information. The request for additional information included the location of proposed pump area with mine floor elevations, typical mine water extraction well/pump profile, and ponding map. MSHA investigators reviewed the information provided.



On June 25, 2019 MSHA requested additional information. The request included the following:

• Information about the inaccessible area where the submersible pump is proposed for installation and use:

o Water level, mine roof and mine floor elevations at EW #5

o Pool elevation at representative monitoring wells to demonstrate the water barrier and indication of which wood seals are accessible for inspection

o Mine atmosphere in the eastern part of the inaccessible area where water is not topped out. A determination of whether this mine atmosphere can become explosive.

o A determination whether monitoring or other open drill holes provide possible flow path for lighting.

o Amount of water currently exiting the abandoned area, i.e., quantity pumped from the bypass sump.

• Information about the proposed equipment

o Well/pump profile describing the specific proposed system for EW#5 (including elevations)



The petitioner provided a response to MSHA’s June 25, 2019 request on August 7, 2019. MSHA evaluated the petitioner’s response and determined that the alternative method proposed by the petitioner still exposed miners to plausible harm. For example, the petitioner’s alternative method did not isolate the mine atmosphere from the electrical circuit providing power to the submersible pump. The reference of equipment under 30 C.F.R. § 57.22305 is broad therefore it includes more than just the pump and the electric motor that drives the pump, but it also includes the power cable providing power to the pump. All of these components are considered equipment as defined in this provision that shall not be operated in atmospheres containing 1.0 percent or more methane.

According to 30 C.F.R. § 57.22234, actions at 1.0 percent methane (I-A, I-B, III, V-A, and V-B mines) it states in pertinent part:

(a) If methane reaches 1.0 percent in the mine atmosphere, ventilation changes shall be made to reduce the methane. Until such changes are achieved—

(1) All persons other than competent persons necessary to make the ventilation changes shall be withdrawn from affected areas;

(2) Electrical power shall be deenergized in affected areas, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18;



The provision under 30 C.F.R. § 57.22234 provides that when methane reaches 1.0 percent in the mine atmosphere ventilation changes shall be made to reduce the methane. The high voltage cable that provides power to the submersible pump is not isolated from the mine atmosphere.



The mine atmosphere in this area of the mine, as reported by the petitioner, is in excess of the Upper Explosive or Flammable Limit" (UEL/UFL) (% by volume of air) around the proposed submersible pump location. However the petitioner claims that the methane concentration in the atmosphere is not relevant to safety. The petitioner states, should an explosive atmosphere exist in an area where the roof is not topped out, the submersible pump is separated from that atmosphere. 30 C.F.R. § 57.22234 also states that electric power shall be deenergized in affected areas, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18. The alternate method proposed by the petitioner does not address the hazard that the plain language of this provision is intended to prevent. The petitioner does not seek to deenergize the pump or the high voltage cable supplying power to the pump when the methane reaches 1.0 percent in the mine atmosphere. The petitioner also does not seek any ventilation changes to reduce the methane.



MSHA agrees with the petitioner that the alternative method proposal may isolate the pump from the mine atmosphere however the alternative method does not mitigate the hazard of the energized 4160 VAC cable supplying power to the submersible pump in the mine atmosphere when the methane is in excess of the UEL percent by volume at the proposed location of the submersible pump. See Figure 2. The plain language of the provisional language here is clear.



The petitioner’s proposal did not provide detailed statements to establish that a modification is warranted. The petitioner did not provide specificity of the equipment they proposed to use.

Therefore MSHA requested additional information that included specific equipment information related to the pump, motor, power cable, grounding and lightning arrester, and control components of the automated submersible pump system (manufacturer, model, voltage, and amperage). The petitioner proposed to only specify performance data. The petitioner also proposed to notify the MSHA District Manager and obtain his/her approval prior to their installation and operation. Under Part 44.11 detailed facts should be provided by the petitioner to establish the petitioners claim.



MSHA continued its investigation by conducting several teleconferences in an effort to gain a better understanding of petitioner’s alternative method including the submersible pump system installation, maintenance and functional testing and mine environment in general. MSHA and the petitioner participated in teleconferences and shared information via email in preparation for an onsite visit. MSHA conducted an onsite mine visit on January 28-29, 2020. The goals of this visit included understanding the installation of the electrical circuit and the borehole installation and maintenance and get a better understanding of environment and water levels in the flooded area of the mine. This would enable us to better evaluate the hazard and potentially of igniting methane with an energized circuit.



During the site visit, MSHA learned that this mine previously experienced an unplanned inundation of the mine by water. The petitioner stated the inundation was caused by a barrier pillar failure within a solution mining area. One method the petitioner offered to mitigate the hazardous methane from the submersible pump was to seal the area with water. Not only couldn’t MSHA verify that this could be done effectively but a failure to a barrier pillar would greatly increase the chances of hazardous methane igniting a non-permissible pump. These pillars that remain in these areas of the mine along with the existing mine elevations play an essential role in impounding this water.



MSHA and the petitioner continued to share information. On April, 6, 2020 MSHA sent an additional request for information to the petitioner that included the following:



1. Site specific drawings that provide the parameters that will be followed in the installation and implementation of the PFM and additional information including

a. Mine Water Extraction Well Location

b. Water pool area (currently and proposed plans)

c. Mine Water Extraction Well Pump Profile detailing electrical installation and connections

d. Mine Water level and monitoring system



2. Testing procedures that will be followed to examine and maintain the mine water extraction well including the water level indicator system.

On July 16, 2020 the petitioner responded to the request for information by providing the information below:

1. Installation Procedure

2. Instrumentation and Motor Protection Testing Procedure

3. Sensor information which shows the PSI is 50 so that the tolerances can be determined

4. Electrical One Line Diagram

5. Genesis Alkali best practices around well sites (additional information)

6. Typical Well Bore Profile



The petitioner responded to the request for information and provide a number of revisions and additions to their alternative method including more details of the equipment they plan to use. However, the discrete hazard of electrical power cable remaining energized when methane in excess of the UEL percent by volume at the proposed location of the submersible pump still exists. The potential hazard of electrical power remaining energized in excess of 1.0 percent in a mine atmosphere exists as proposed in the alternative method. MSHA discussed with the petitioner considerations in isolating the electrical circuit by extending the steel casing to remain underwater, maintaining the water level above the proposed perforated steel casing, and the installation of a conduit to separate the energized cable from the mine atmosphere. MSHA also discussed with the petitioner the option of installing a methane monitoring system that is interlocked with the submersible pump that would automatically deenergize the submersible pump when potentially hazardous levels of methane existed in the mine atmosphere if isolation could not be accomplished. The petitioner claims that the power cable will be isolated from the atmosphere by the mere construction of the cable itself.



The safety purpose of 30 C.F.R. § 57.22305 is to ensure that electric equipment will not cause a mine ignition, fire, or explosion in areas where methane may be present. Similarly, the safety purpose of 30 C.F.R. § 57.22234 is to ensure that when potentially explosive levels of methane exist the ignition source is alleviated by deenergizing the electrical power in the mine atmosphere. From 1995 through 2014 this mine reported ignitions of methane by spark. In 2014 the mine reported an inundation of methane in the mine atmosphere, therefore these hazards continue to exist.

The petitioner’s alternative proposal does not ensure that non-permissible equipment, including pumps, when used in areas where methane may enter the air current, will not introduce ignition, fire, or explosion hazards by isolating the electrical equipment from potentially hazardous methane atmospheres. The petitioner’s alternative proposal does not provide a safe method for the submersible pump cable to remain energized and operate in atmospheres containing 1.0 percent or more methane.



The petitioner’s proposal to flood the area including the EW#5 pump could not be verified by MSHA. In addition, it was learned during MSHA’s investigation that the mine operator experienced a barrier pillar failure which if would occur again would potentially expose the high voltage cable and non-permissible pump to hazardous methane.

The petitioner notified miners’ representative regarding the terms of this petition. MSHA also interviewed miners as part of its investigation, and they did not raise safety concerns related to the use of this equipment and petitioner posted a copy of the petition on the mine bulletin board.



After a careful review of the entire record, including the petition and MSHA's investigative report, MSHA finds that the alternate method proposed by the petitioner does not provide an alternative method of compliance that will at all times guarantee no less than the same level of protection afforded to the miners.



Order

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Section 811(c), it is ordered that a modification of the application of 30 CFR 57.22305 to Genesis Alkali LLC, as it pertains to the operation of a submersible mine pump in a flooded area of the Genesis Alkali @ Westvaco Mine, is hereby:



DENIED

Any party to this action desiring a hearing shall file a request for hearing within 30 days after service of the Proposed Decision and Order (PDO), in accordance with 30 C.F.R. § 44.14, with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202.



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 PDO. 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 PDO 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 was served personally or mailed, postage

prepaid, or provided by other electronic means this 21st day of August, 2020, to:



Erik M. Dullea & Mark

N. Savit Husch Blackwell LLP

1801 Wewatta St., Suite 1000

Denver, CO 80202

Erik.dullea@huschblackwell.com

Mark.savit@huschblackwell.com

Ryan Pauley – EHS

Operations Manager Genesis Alkali

580 Westvaco Road

Green River, WY 82935

Ryan.pauley@genlp.com

Michael Peelish - Attorney

Law Office of Adele L. Abrams,

P.C. 4740 Corridor Place,

Suite D Beltsville,

MD 20705

mpeelish@aabramslaw.com



Barbara E. Ritchie

Director, EHS and Sustainability Genesis Alkali

1735 Market Street

Philadelphia, PA 1910317

Barbara.ritchie@genlp.com

Fred Von Ahrens, Resident Manager

Fred.vonahrens@genlp.com

T.J. Kelso – Miners’ Representative

541 Schultz St.

Green River, WY 82935

8/21/2020



/s/

Rodney Adamson

MSHA Enforcement Safety Division



cc: Heather Kroupa, State Inspector of Mines, Dept. of Workforce Services, Office of Inspections and Safety, P.O. Box 1094, Rock Springs, WY 82902 Heather.kroupa@wyo.gov