Petition - Docket No. M-2019-007-M | Mine Safety and Health Administration (MSHA)

MAR 6 2020

In The Matter of PETITION FOR MODIFICATION

Genesis Alkali LLC

Genesis Alkali @ Westvaco Mine Mine

I.D. No. 48-00152 Docket No. M-2019-007-M

PROPOSED DECISION AND ORDER

On October 21, 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 located in Green River, 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

Genesis Alkali LLC (Genesis) mines trona from its underground operation, located 20 miles west of Green River, Wyoming. Genesis utilizes a longwall mining system, with room and pillar development, at a depth of approximately 1,500 feet below the surface. The mine methane liberation recorded on May 14, 2019, was 3.1 million cubic feet in 24 hours.

The Petitioner states, in pertinent part:

Genesis Alkali seeks the approval for use of the 3M™ VersafloTM TR-800 Intrinsically Safe Powered Air Purifying Respirator ("the TR-800") in its underground, Class Ill trona mine in areas in or beyond the last open crosscut and equipment used in areas where methane may enter the air current.

Westvaco shows MSHA a path forward by comparing other IS approval standards as compared to the MSHA's approval criteria found in MSHA ACRl2001.

The petition includes a listing of internationally recognized testing standards where the TR-800 has been tested and approved as intrinsically safe (IS). The petition also references and provides conclusions of three, peer-reviewed technical papers which suggest that there is an equivalent level of safety for miners when IS equipment is approved by either the ACRl2001 standard (MSHA's standard) or relevant International Standards.

The Approvals and Certification Center within the Technical Support program area of MSHA reviewed the claimed level of intrinsic safety provided by the TR-800 and the potential that this unit may radiate or receive interference through proximity to other electrical devices.

Petitioner provided information to MSHA demonstrating 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 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.

The manufacturer information provided also indicates that the TR-800 has been tested as an unintentional radiator and found not to cause harmful interference in typical industrial environments, meeting FCC requirements for digital devices. Similarly, according to manufacturer information, the TR-800 was found to be capable of accepting any interference received, including interference that may cause undesired operation in typical industrial environments.

MSHA investigators considered potential hazards specific to the use of the TR-800 in and beyond the last open crosscut and other areas where methane may be present, and concluded that conditions of use in the Order should address:

• Battery and chargers being specifically designed for use with the TR-800;

• Precautions for use of lithium batteries;

• Continuous monitoring for methane, and actions when 1% methane is detected; _

• Investigating and finding solutions to any interference between the TR-800 and other electrical devices that may be in proximity; and

• Training in the proper use and maintenance of the TR-800.

On the basis of the petition and the findings of MSHA's investigation, Genesis Alkali LLC, is granted a modification of the application of 30 C.F.R. § 57.22305 to its Genesis Alkali @ Westvaco 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 Genesis Alkali LLC petition for modification of 30 C.F.R. § 57.22305 in the Genesis Alkali @ Westvaco Mine is hereby:

GRANTED, 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;

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

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) and include the notation "TR-800 Versaflo PAPR training" on the form.

13. The operator shall post this Order in unobstructed locations on the bulletin boards 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 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 6th day of March 2020, to:

Barbara E. Ritchie

Director, EHS and Sustainability

Genesis Alkali, LLC

1735 Market Street

Philadelphia, PA 1910317

Ryan Pauley - EHS Operations Manager

Genesis Alkali, LLC

580 Westvaco Road

Green River, WY 82935

Miners' Representative

Genesis Alkali, LLC

580 Westvaco Road

Green River, WY 82935

/s/

Michele Gussie

Secretary

Barbara.ritchie@genlp.com

Ryan.pauley@genlp.com

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