Petition - Docket No. M-2019-004-M | Mine Safety and Health Administration (MSHA)

MAR 6 2020

In The Matter of PETITION FOR MODIFICATION

Solvay Chemicals, Inc.

Solvay Chemicals Mine

Mine I.D. No. 48-01295 Docket No. M-2019-004-M

PROPOSED DECISION AND ORDER

On June 5, 2019, Solvay Chemicals, Inc. (Solvay) filed a petition seeking modification of the application of 30 C.F.R. § 57.22305 to its Solvay Chemicals Mine in Sweetwater County, Wyoming. The mine is categorized as a Category Ill gassy mine in accordance with 30 C.F.R. § 57.22003(a)(3). 1 The Petitioner alleges that the alternative method in

the petition -- to allow the use of unapproved Powered Air Purifying Respirators (PAPR), in or beyond the last open crosscut and in areas where methane may enter the air current -- would at all times guarantee no less than the same measure of protection afforded to the miners by the standard. 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.

MSHA investigators 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 (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

Solvay mines trona from its underground operation, located 22 miles west of Green River, Wyoming. Solvay utilized conventional room and pillar methods until 2003, when it began longwall mining. In addition to the longwall, the mine maintains one longwall development section, a main entry development section, and conventional room and pillar sections. The trona bed is approximately 1,500 feet below the surface, and the mine workings cover approximately 15 square miles. The mine operates 24 hours a day and employs an average of 167 underground miners. The mine methane liberation recorded on December 2, 2019, was 3.8 million cubic feet in 24 hours.

The Petitioner states, in pertinent part:

Solvay Chemicals, Inc. is requesting relief from CFR 30 Part 57.22305 in an attempt to provide an alternative means of respiratory protection for mine employees exposed to respirable dust and ammonia gas. The current model that is used in the mine is the 3M Airstream Mining headgear-Mounted PAPR system. Although this has the required MSHA approval, it is being discontinued by 3M.

Petitioner requests approval to use three different PAPR models (namely the Sundstrom SR 500 EX, the Drager X-plore 8000, and the 3M TR-800 Versaflo), in areas where methane may be present. The 3M Airstream PAPR currently in use is scheduled to be discontinued on June 1, 2020. None of the three proposed replacement units have been approved by the Approvals and Certification Center within the Technical Support program area of MSHA. However, Technical Support has reviewed submitted information for each proposed unit and provided the following information:

1. Sundstrom Model SR500 EX PAPR Although this unit has international certification (European EN 60079-11:2012 and International IEC 60079-11:2011 standard), it is not certified for use in mining applications. Technical Support has determined the equipment cannot be safely used in areas where permissible equipment is required with the conditions proposed by Solvay Chemicals. The level of protection for which this PAPR is certified in Europe and internationally is not the same level of protection as MSHA's requirements or the standards noted by NIOSH.2 MSHA's criteria for intrinsic safety includes tests where the subject unit is exposed to two faults simultaneously. The Sundstrom unit certification is based on intrinsic safety with only one fault applied to the circuitry. 2 NIOSH researchers in a paper titled "An Evaluation of the Relative Safety of U.S. Mining Explosion-Protected Equipment Approval Requirements versus those Of International Standards" have determined that equipment that meets two-fault intrinsic safety as defined in the ANSI/UL 60079 standard would "... provide at least an equivalent level of safety as that provided by equipment approved to MSHA criteria, ..." MSHA's requirements include the use of safety factors, and up to two faults applied to the circuitry.

2. Drager X-plore 8000 PAPR

A review of the submitted material indicates that this unit is not certified by any agency for use in any hazardous location. Technical Support has determined the equipment cannot be safely used in areas where permissible equipment is required.

3. 3M™ Versaflo™ TR-800 PAPR

The information provided to MSHA indicates that the device is certified by UL under the ANSI/UL 60079-11 standard. Per this certification, the unit is certified to be used in hazardous locations; has met the most onerous level of intrinsic safety protection; and the level of protection is acceptable for use in mines susceptible to firedamp.

MSHA reviewed the UL certification material (drawings, certificate, and test report) and found support for UL's conclusion that the TR-800 meets the applicable 'two fault' intrinsic safety requirements for mining equipment, as found in the ANSI/UL standard. However, MSHA does not accept a UL certificate as evidence that the PAPR is approved for use in US mines due to legal and regulatory constraints.

Based on Technical Support's review and findings with regard to the range of demonstrated level of safety for the respective units, and the Petitioner's similar proposed conditions of use for all units, MSHA did not further consider the Sundstrom or Drager units in its investigation. The investigation focused on the specific conditions of use for the 3M TR-800 Versaflo PAPR under normal mining conditions in or beyond the last open crosscut and where methane may enter the air current.

Petitioner proposes, while not in operation, the TR-800s will be charged outby the last open crosscut utilizing the manufacture's approved battery charger. The lithium batteries in these units cannot be charged in an area where permissibility is required. The chargers are not approved by MSHA and are not shown to be certified as intrinsically safe to any standard.

Merely charging these batteries in an outby location is not sufficient to ensure that the process is safe. MSHA Program information Bulletin No. P11-12 indicates that lithium batteries should not be charged underground, unless the batteries are charged in · accordance with the applicable regulations pertaining to battery-charging stations. 30 CFR §57.22224 sets forth the requirements for battery charging stations at the Solvay Chemicals mine - battery charging stations shall be installed in intake air at locations which are sufficiently ventilated to prevent the accumulation of methane. If this type of facility is not available in the mine, the batteries shall only be charged on the surface.

Petitioner also proposes that affected mine employees will be trained in the proper use and care of the TR-800 Versaflo PAPR unit in accordance with established manufacturer guidelines. In addition to manufacturer guidelines, MSHA will require that mine employees be trained to inspect the units before use to determine if there is any

damage to the units that would negatively impact intrinsic safety, as well as all perform all inspection requirements set forth in number 2 of the stipulations in this order.

Finally, Petitioner proposes that if 1.0 percent or more methane is detected, the procedures in 30 CFR Part 57.22234 will be followed. This practice is required for all electrical equipment except for monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18.

On the basis of the petition and the findings of MSHA's investigation, Solvay Chemicals, Inc., is granted a modification of the application of 30 C.F.R. § 57.22305 to its Solvay Chemicals Mine, as it pertains to the use of the 3M TR-800 Versaflo PAPR.

Order

Wherefore, 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, as amended, 30 U.S.C. § 811(c), it is ordered that The Solvay Chemicals, Inc. petition for modification of 30 C.F.R. § 57.22305 in the Solvay Chemicals Mine is hereby:

DENIED with regard to the Sundstrom Model SR500 EX PAPR;

DENIED with regard to the Drager X-plore 8000 PAPR; and

GRANTED with regard to the 3M Versaflo TR-800 PAPR, subject to the conditions of this Order:

1. Prior to energizing theTR-800 Versaflo PAPR in or beyond the last open crosscut or in areas where methane may enter the air current, methane tests must be made in the mine atmosphere as defined in 30 C.F.R. § 57.2. Additionally, examinations per 30 C.F.R. § 57.22228 or§ 57.18002 must be completed in all areas where TR-800 Versaflo PAPR are to be worn.

2. All TR-800 Versaflo PAPRs to be used in or beyond the last open crosscut or in areas where methane may enter the air current shall be examined by the person to operate the equipment prior to taking the equipment underground to ensure the equipment is being used according to the original equipment manufacturer's recommendations and maintained in a safe operating condition. These examinations shall include:

i. Check the instrument for any physical damage and the integrity of the case;

ii. Remove the battery and inspect for corrosion;

iii. Inspect the contact points to ensure a secure connection to the battery;

iv. Reinsert the battery and power up and shut down to ensure proper connections; and

v. Check the battery compartment cover or battery attachment to ensure· that it is securely fastened.

vi. For equipment utilizing lithium type cells, ensure that lithium cells and/or packs are not damaged or swelled in size.

3. The TR-800 Versaflo PAPR that will be used in or beyond the last open crosscut or in areas where methane may enter the air current, shall not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all the terms and conditions of this Order.

4. The TR-800 Versaflo PAPR shall not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected while the TR-800 Versaflo PAPR is being used, the

equipment shall be de-energized immediately. Additionally, the TR-800 Versaflo PAPR shall be withdrawn from affected areas.

5. All hand-held methane detectors shall be MSHA approved and maintained in permissible and proper operating condition, as defined by 30 C.F.R. § 57.22227. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent.

6. A competent person, as defined in 30 C.F.R. § 57.2, shall continuously monitor for methane immediately before and during the use of TR-800 Versaflo PAPR in or beyond the last open crosscut or in areas where methane may enter the air current. For a crew working together, at least one competent person shall continuously monitor for methane. Alternatively, continuous monitoring systems along longwall faces, which provide an audible and visual alarm when 1.0 percent methane is detected, will satisfy this requirement.

7. Batteries contained in the TR-800 Versaflo PAPR must be "changed out" or "charged" in intake air. Before each shift when the TR-800 Versaflo PAPR is to be used, all batteries for the equipment must be charged sufficiently that they are not expected to be replaced on that shift.

8. Use only 3M TR-830 Battery Pack (which meets lithium battery safety standard UL1642 or IEC 62133).

i.The 3M TR-830 Battery Pack must be charged on the surface or underground in accordance with 30 CFR §57.22224.

ii. The 3M Battery Pack TR-830 is to be charged by either: 3M Battery Charger Kit TR-641N, or 3M 4-Station Battery Charger Kit TR-644N.

iii. The battery pack must not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.

iv. The battery must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.

v. The battery must not be placed in direct sunlight or used or stored near a source of heat.

vi. The battery must not be used at the end of its life cycle (e.g. when there is a performance decrease of greater than 20% in battery operated equipment). The battery must be disposed of properly.

9. The mine operator will investigate the potential for electromagnetic interference between the Versaflo TR-800 and all safety devices carried or worn by miners, such as proximity detection system miner wearable components, gas detectors, tracking system components, and communication devices. Before any Versaflo TR-800 devices are placed into service, the mine operator will report to their MSHA District whether any interference is identified along with the procedures the mine operator will implement to eliminate the interference. All miners will be trained in these procedures.

10. Personnel engaged in the use of TR-800 Versaflo PAPR shall be properly trained to recognize the hazards and limitations associated with the use of the PAPR in areas where methane could be present.

11. AII section foremen, section crew members, and other personnel who will be involved with or affected by the use of PAPR shall receive training in accordance with 30 C.F.R. § 48.7 on the requirements of this Order within 60 days of the date this Order becomes final. Such training must be completed before any TR-800 Versaflo PAPR is used in or beyond the last open crosscut or in areas where methane may enter the air current.

12. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health District Manager. These proposed revisions shall include donning a Self-Contained Self Rescuer (SCSR) while using the PAPR, and initial and refresher training regarding the terms and conditions stated in this Order. When training is conducted on the terms and conditions in this Order, Petitioner shall complete an MSHA Certificate of Training (Form 5000- 23) include the notation "TR-800 Versaflo PAPR training" on the form.

13. The operator shall post this Order in unobstructed locations on the bulletin boa ds and/or in other conspicuous places where notices to miners are ordinarily posted, for a period of not less than 60 consecutive days.

14. Unless specifically mentioned herein, nothing in this Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved plans.

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 C.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 prepaid, or provided by other electronic means this 6th day ofMarch, 2020 to:

Daniel Linford

Safety Representative

Solvay Chemicals, Inc.

P.O. Box 1167

400 County Road 85

Green River, WY 82935

Miners' Representative

Solvay Chemicals, Inc.

P.O. Box 1167

400 County Road 85

Green River, WY 82935.

/s/

Michele Gussie

Enforcement Safety and Health Secretary·