3/9/2021
In the matter of: Petition for Modification
Solvay Chemicals, Inc
Solvay Chemicals, Inc
Mine I.D. No. 48-01295 Docket No. M-2019-004-M
PROPOSED DECISION AND ORDER TO REVOKE
MSHA has determined that the subject modification Docket M-2019-004-M was superseded by the Proposed Decision and Order (PDO) to grant Petition for Modification Docket No. M-2020-003-M, which was issued on January 12, 2021 and became final on February 11, 2021. Therefore, the PDO for Docket M-2019-004-M is no longer needed. Both petitions are pursuant to 30 C.F.R. § 57.22305, which reads as follows,
30 CFR § 57.22305 Approved equipment (III 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.
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, 30 U.S.C § 811(c), the modification of Docket M-2019-004-M as it applies to the referenced mine is hereby:
REVOKED.
Pursuant to 30 C.F.R. § 44.52, revocations of the granted modification will become final 30 days after service of this Proposed Decision and order to Revoke, unless a hearing is requested on the Decision and Order. 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 Mine Safety and Health Enforcement, Mine Safety and Health, 201 12th Street South, Suite 401, Arlington, Virginia 22202-5452.
If a hearing is requested, the request shall contain a concise summary of the 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 Order to Revoke will become final.
Stephen J. Gigliotti
Chief, Division of Safety
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 9th day of March , 2021, to:
Daniel Linford
Safety Representative
Solvay Chemicals, Inc.
P.O. Box 1167
400 County Road
85 Green River,
WY 82935
daniel.linford@solvay.com
Don Braenovich
Mine Safety and Health Specialist
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