Petition Docket No. M-2019-007-M

In the matter of:                                                                                   Petition for Modification

Genesis Alkali LLC
Genesis Alkali @ Westvaco
Mine I.D. No. 48-00152

Docket No.                30 C.F.R.                    Granted                                  Finalized

M-2019-007-M           57.22305                     May 22, 2020                         June 22, 2020

PROPOSED DECISION AND ORDER TO REVOKE

Pursuant to 30 C.F.R. § 44.52(c), the revocation of a granted modification must be based upon a change in circumstances or because findings which originally supported the modification are no longer valid. For the reasons discussed herein, the Administrator issues this Proposed Decision and Order to Revoke to petitioner Genesis Alkali LLC’s (Genesis Alkali) previously granted modification of 30 C.F.R. § 57.22305, approved equipment (III mines), at its Genesis Alkali @ Westvaco Mine, located in Sweetwater County, Wyoming.

Genesis Alkali’s petition for modification, filed on October 21, 2019 (M-2019-007-M), was granted on March 6, 2020, and re-issued to correct a typographical error on May 22, 2020. The order granted the use of unapproved 3M™ Versaflo™ TR-800 Powered Air Purifying Respirators (PAPR), in or beyond the last open crosscut and in areas where methane may enter the air current as an alternative means of complying with 30 C.F.R. § 57.22305.

On May 28, 2021, Genesis Alkali again filed a petition seeking a modification of the application of 30 C.F.R. § 57.22305 (M-2021-004-M) for the use of unapproved CleanSpace EX PAPRs, in addition to the use of 3M™ Versaflo™ TR-800 PAPRs in or beyond the last open crosscut and in areas where methane may enter the air current as an alternative means of complying with standard.

MSHA investigated the current Genesis Alkali petition for modification (M-2021-004-M)

and granted Genesis Alkali that both the 3M™ Versaflo™ TR- 800 and the CleanSpace PAPRs, may be used in or beyond the last open crosscut and in areas where methane may enter the air current.

The granting of M-2021-004-M makes M-2019-007-M redundant, resulting in this revocation of the earlier petition.

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 Health Act of 1977, 30 U.S.C. § 811(c), the modification as it applies to the referenced mine is hereby:

REVOKED

Pursuant to 30 C.F.R. § 44.52, revocations of the granted modifications 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, 201 12th Street South, Suite 401, Arlington, Virginia 22206.

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 shall 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

paid, or provided by other electronic means this 22^nd day of December, 2021, to: