8/13/2020
In the matter of Petition for Modification
INMET Mining, LLC.
D-31 Cut Through
I.D. No. 44-06782 Docket No. M-2019-055-C
PROPOSED DECISION AND ORDER
On October 9, 2019 INMET Mining, LLC. filed a petition for modification of the application of 30 CFR § 75.1108(c) to its D-
31 Cut Through mine located in Lee County, Virginia. The petition alleges that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR § 75.1108(c).
The management at the INMET Mining, LLC. D-31 Cut Through wishes to continue to use the existing steel cable conveyor belting installed inside the D-31 Cut Through mine. The belt conveyor is one continuous length of approximately 19,500 lineal feet utilizing vulcanized splices to reduce the heat potential from the belting traveling over the top and bottom belt idlers. The belt has not been replaced since being installed in approximately 2003.
The D-31 Cut Through mine employs three (3) miners and operates a single nine (9) hour shift five (5) days per week. The D-31 Cut Through mine was developed to transport coal via conveyor belt from a central surface coal stockpile area in Kentucky located at Day's Creek Mine, MSHA ID 15-17971 to the P-14 Preparation Plant, mine ID 44-05898, located in Virginia. Currently the D-31 Cut Through mine is in Active Non-Producing status.
The miners at D-31 Cut Through mine are not represented by a labor union and there is no miners' representative. A copy of the Petition for Modification was posted on the mine bulletin board.
On the basis of the petition and the findings of MSHA's investigation, the INMET Mining, LLC. is granted a modification of the application of 30 CFR § 75.1108(c) to its D-31 Cut Through mine.
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, 30 U.S.C., sec. 811(c), it is ordered that INMET Mining, LLC.'s Petition for Modification of the application of 30 CFR § 75.1108(c) in the D-31 Cut Through mine is hereby:
GRANTED conditioned upon compliance with the following terms and conditions:
1. Part 14 MSHA approved belt must be installed when making any type of belt repair, splicing or replacement of belt in the D-31 Cut Through belt conveyor. The D-31 Cut Through conveyor belt is a Goodyear FS-1500 continuous belt system approximately, 19,500 linear feet in length, with no underground transfer points, or head drives.
2. The previous two hours of data from the carbon monoxide (CO) system will be monitored for any signs of combustion prior to a qualified person entering the mine. The CO system data from the prior four hours will be monitored for any signs of combustion at the end of the coal transport each day. The CO system data will be examined for any changes detected by the CO sensors prior to resuming operation on the following day. The mine has an approved ambient level for carbon monoxide of 3PPM. The CO monitors are continuously monitored from the Huff Creek Command Center and must provide an alert at 8PPM CO and an alarm at 13PPM and over.
3. The eleven (11) CO monitors must be located along the conveyor belt at intervals less than 1000 feet spacing. CO monitors 206 and 209 must be properly maintained to provide an underground visual alert when CO levels reach 8PPM. Mine personnel must test different CO monitors daily with calibration gas. The mine personnel must conduct weekly functional tests and a monthly calibration test of all CO monitors.
4. The belt air velocity must be maintained to at least 100 feet per minute velocity. The CO monitors and sensors along the belt conveyor are set to give an alert at the Command Center when the levels of CO reach 8PPM above the ambient level and an alarm will be sounded when the CO levels reach 13 PPM.
5. A daily functional (bump) test of at least one sensor will be conducted for carbon monoxide in addition to the weekly functional test required under 30 CFR 75.1103-8. A different sensor will be bump tested each day. In addition to ensuring the CO sensors are working properly, the test should ensure that the monitoring attendant is able to detect the visual and audible warning alarms.
6. Train all miners on the requirements of the mine emergency evacuation and firefighting program of instruction. Ensure miners understand the proper procedures they must follow if a mine emergency occurs as required by 30 CFR 75.1502.
7. A pre-shift examination made by a Certified Foreman(s) will be conducted with the belt empty and not operating. An on-shift examination will be conducted at any time during the shift while the belt is in operation and transporting coal.
8. Each shift that the conveyor belt is operated an examination is made by a Certified Foreman(s). All hazardous conditions must be recorded in an examination book on the surface. All hazardous conditions must be corrected in accordance with the Code of Federal Regulations 30 CFR.
9. Examiners must be trained to immediately notify the Command Center when CO is detected.
10. The Certified Foreman(s) making the examinations must be equipped with MSHA approved detectors maintained in permissible and proper operating condition and calibrated with a known methane –air mixture at least once every 31 days.
11. The Certified Foreman(s) are equipped with heat detection equipment to check the temperature of the belting conveyor and the associated belt idlers to detect the possible increase of temperature and replace belt idlers early to reduce the heat and fire potential.
12. If the CO system malfunction, the belt shall not operate until the necessary repairs have been made to the CO monitoring system.
13. The three (3)" inch water line and fire values installed parallel to the belt conveyor must be maintained in operable condition at all times.
14. Fire-fighting equipment located at the surface portals and fire-fighting hose stored underground along the belt conveyor must be enough to reach the entire length of the belt conveyor from the fire valves; must be maintained in functional condition at all times.
15. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions to its approved 30 CFR Part 48 training plan to the District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the conditions stated in this Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 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, VA 22202-5452.
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 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 Decision and Order will become final and must 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 paid, or provided by other electronic means this 13th day of August 2020, to:
Mr. Roger Gilliam
Safety Consultant
for INMET Mining, LLC.
144 E. Market Place Blvd.
Knoxville, TN. 37922
rgilliam@kopperglo.com.
/s/
Michele Gussie
Secretary
cc: Mr. Marshall R. Moore, Chief Mine Inspector, 3405 Mountain Empire Rd. P.O. Drawer 900, Big Stone Gap, VA 24219 DmInfo@dmme.virginia.gov.