Petition - Docket No. M-2019-068-C

01/07/2021

In the matter of                                                          PETITION FOR MODIFICATION
Peabody Twentymile Coal Mining LLC
Foidel Creek Mine
Mine I.D. No. 05-03836                                                        Docket No. M-2019-068-C

PROPOSED DECISION AND ORDER

On November 20, 2019, Peabody Twentymile Coal Mining, LLC (Peabody) filed a petition seeking modification of the application of 30 C.F.R. § 75.507-1(a) to its Foidel Creek Mine in Routt County, Colorado. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.507-1(a) states, in relevant part,

1. All electric equipment, other than power-connection points, used in return air outby the last open crosscut in any coal mine shall be permissible except as provided in paragraphs (b) and (c) of this section.

Petitioner is requesting a modification of the standard to allow the use of unapproved Power Air Purifying Respirators (PAPRs), in return air outby the last open crosscut. Specifically, the petitioner is requesting to utilize the 3M VersafloTM TR-800 Intrinsically Safe PAPR, and/or the CleanSpaceTM EX Power Unit.

The petitioner states that it currently uses the 3MTM AirstreamTM Headgear- Mounted Powered Air Purifying Respirator (PAPR) System to provide additional protection for its miners against exposure to respirable coal mine dust. The PAPR provides a constant flow of air inside the helmet which helps provide respiratory protection and comfort in hot working environments. The approved 3MTM AirstreamTM system has been used for more than 40 years by many mine operators to help protect their workers. Recently 3M indicated they have been facing multiple supply disruptions of key components for the Airstream product line. Due to the supply disruptions, 3M discontinued production of the Airstream system and components on June 1, 2020.

Currently, there are no replacement 3M PAPRs that meet applicable Mine Safety and Health Administration (MSHA) standards for permissibility relative to electronic equipment used in potentially explosive atmospheres of underground coal mines.

The petitioner states that:

The 3M VersafloTMTR-800 Intrinsically Safe Powered Air Purifying Respirator motor/blower and battery qualifies as intrinsically safe in the U.S., Canada and any other country accepting the International Electrotechnical Commissions System (IECEx) for Certification to Standards Relating to Equipment for Use in Explosive Atmosphere. The TR-800 PAPR has a blower that is UL-certified with an intrinsically safe (IS) rating of Division 1: IS Class I, II, III; Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the most current standard (UL 60079, 6th Edition, 2013); ATEX- certified with an intrinsically safe (IS) rating of “ia”. The TR-800 is rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135oC Da, -20oC < Ta <+55oC, under the current standard (IEC 60079). The 3M VersafloTM TR-800 PAPR is not MSHA approved as permissible and 3M is not pursuing approval. In addition, the CleanSpaceTM PAPR is not MSHA approved as permissible and CleanSpaceTM is not pursuing approval. The petitioner states that the TSA certification is an acceptable alternative to ACRI2001 and provides an equivalent level of protection.

The petitioner proposes the following alternative method:

1. The equipment shall be examined at least weekly by a qualified person as defined in 30 CFR 75.512-2; the examination results shall be recorded weekly. Examination entries may be expunged after one year.
2. All requirements of 30 CFR 75.323 must be complied with.
3. A qualified person as defined in 30 CFR 75.151 shall monitor for methane in the same fashion as required for the mandatory standards for the subject area of the mine.
4. All qualified persons and miners affected shall receive specific training on the terms and conditions of this Decision and Order before using the equipment in the affected area. A record of any training on this Decision and Order shall be kept and provided upon request by an Authorized Representative.
5. Within 60 days after this Decision and Order becomes final, the mine operator shall submit proposed revisions for its approved 30 CFR 75.370 mine ventilation plan and approved 30 CFR Part 48 training plan to the Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in this Decision and Order. When training is conducted on the terms and conditions in this Decision and Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. Comments shall be included on the Certificate of Training that it was non- permissible testing equipment training.
6. The mine operator is responsible for determining that all persons including contractors are using the equipment in accordance with this Decision and Order.
7. The mine operator shall post this Decision and 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.

MSHA personnel conducted an investigation relevant to the merits 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, the Administrator issues this Proposed Decision and Order.

Findings of Fact and Conclusions of Law

MSHA investigators conducted an investigation of the Peabody Twentymile Coal Mining, LLC on April 20-24, and July 28, 2020. On July 20, 2020, Twentymile Mine Superintendent Mike Zimmerman advised MSHA that as of that date the mine did not have an active Continuous Mining (CM) section to test these products and had no plans in the immediate future to start a CM section. Therefore, Twentymile’s Foidel Creek Mine requested that petitions M-2019-067-C, M-2019-068-C and M-2019-069-C be revised to allow use of the 3M VersafloTM TR-800 and the CleanSpaceTM EX only on the longwall face and outby returns (no closer than 1,000 feet to a section other than the longwall). If in the future a need arises to use either of these products in the CM section, a separate petition will be filed for use in the CM section. Therefore, MSHA’s investigation and testing of the PAPRs were limited to the longwall section.

Foidel Creek Mine is a typical drift mine, which opened on March 1, 1983. The mine has 4 portals and 3 shafts into the Wadge seam, 2 returns and 1 intake, and an inner-seam return shaft to the Wolf Creek seam. There is one longwall section, 985 feet long, about 10 feet in mining height, and the panel about 17,000 feet in length. The methane liberation for the 3rd quarter 2020 was 282,272 cubic feet of methane per 24 hours, and the mine is on a 15-day spot inspection.

When the entire mine is active, the mine employs approximately 107 personnel underground and 33 on the surface, including office employees. The mine operates 2 shifts, 4 days a week, and works a small downshift crew on the weekends. The mine also works a longwall crew of about 7 miners on dayshift, 4 days a week. Occasionally the maintenance crew also mines.

Current coal production is about 3,257 tons per day. Conveyor belts transport the coal out of the mine, and diesel powered mantrips are used to transport miners in and out of the mine. Granting this petition as requested would affect all underground miners at the mine. The continuous mining sections of the mine were not operating when MSHA conducted its PAPRs investigation, therefore no testing could be performed in these areas. The longwall section was operating when MSHA investigated and PAPRs testing was performed.

There is no miners’ representative at this mine. MSHA interviewed seven hourly employee and six managers and supervisors about the petition. The interviewees had positive comments regarding the equipment and safety concerns. There were no negative comments, although two miners raised a concern that the hose of the 3M Versaflo™ TR-800 might possibly become tangled in equipment. Different persons expressed preference for one PAPR or the other and stated they would like to use them.

The petitioner alleges that the alternative method proposed in the petition will, at all times, guarantee no less than the same measure of protection afforded by the standard.

Intrinsic Safety

Information regarding the UL listing for the 3M VersafloTM TR-800 PAPR and the CleanSpaceTM EX was submitted to the MSHA Approval and Certification Center (A&CC). A review was requested for the use of these unapproved PAPRs in areas of

the mines where permissibility is required. A&CC conducted the reviews and concluded that:

1. The 3M VersafloTM TR-800 PAPR is certified by UL according to the ANSI/UL 60079-11 standard. The UL certificate means that 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. Due to legal and regulatory constraints, the UL certificate alone is not accepted by MSHA as evidence that the PAPR is approved for use in U.S. mines.

1. The CleanSpaceTM EX is certified by TestSafe Australia (TSA) according to the IEC 60079-0:2011 (General Requirements) and IEC 60079-11:2011 (Intrinsic Safety) standards. The certificate, issued to PAFtec Australia Pty Ltd ("PAFtec"), allows PAFtec to mark the device as "Ex ib IIB T4 Gb" and "Ex ia I Ma." Due to legal and regulatory constraints, the TSA certificate is not accepted by MSHA as evidence that the PAPR is approved for use in US mines. The IEC certification marking that applies to mining, Ex ia I Ma, is discussed below:

The CleanSpaceTM EX is certified to be used in hazardous locations (“Ex”); meets the most onerous level of intrinsic safety protection (“ia”); the level of protection is acceptable for use in mining locations (“I”), and the Equipment Protection Level appropriate for mining equipment, that has a "very high" level of protection, with sufficient security that it is unlikely to become an ignition source in normal operation, during expected malfunctions or during rare malfunctions, even when left energized in the presence of an outbreak of gas (“Ma”).

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 which 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.

The UL certification, TSA certification and PAFtec listing material (drawings, certificate and text report) were found to support the conclusion that the VersafloTM TR-800 and the CleanSpace EX meet the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.

The VersafloTM TR-800 carries an ingress protection rating of IP64. The CleanSpaceTM EX carries an ingress protection rating of IP66. Both ratings exceed the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.

Electromagnetic Interference Investigation

On July 28, 2020, MSHA investigators traveled underground to the 7 East Longwall section of the Foidel Creek Mine to test for potential electromagnetic interference issues between non-permissible PAPRs and electrical equipment typically worn,

carried, or operated by miners on the longwall section. Tables 1 and 2 below show the results of that investigation.

Testing results showed no electromagnetic interference from either the 3M VersafloTM TR-800 or the CleanSpaceTM EX.

Proximity Detection System

The mine’s Proximity Detection System (PDS) is normally operated only in the continuous mining areas of the mine, not on the longwall. No testing or evaluation of the PAPRs’ electromagnetic interference with PDS units could be performed.

Based on the investigations discussed above, MSHA has concluded that both the Versaflo™ TR-800 and CleanSpaceTM EX PAPRs can be safely used where permissible equipment is required in the return air outby the last open crosscut, if the operator follows all of the manufacturer’s recommendations and adheres to the Terms and Conditions of the Proposed Decision and Order.

On the basis of the petition and the findings of MSHA’s investigation, Peabody Twentymile Coal Mining is granted a modification of the application of 30 C.F.R. § 75.507-1(a) to its Foidel Creek 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. § 811(c), it is ordered that Peabody Twentymile Mining, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.507-1(a) in the Foidel Mine is hereby:

GRANTED, for the operator who may use the 3M VersafloTM TR-800 Intrinsically Safe Powered Air Purifying Respirator (PAPR), and/or the CleanSpaceTM EX PAPR in the return air outby the last open crosscut, subject to the conditions of this Order:

Terms and Conditions

Affected mine employees must be trained in the proper use and maintenance of the Versaflo™ TR-800 PAPR and the CleanSpaceTM EX PAPRs in accordance with established manufacturer guidelines. This training shall alert the affected employee that neither the Versaflo™ TR-800 PAPR nor the CleanSpaceTM EX is approved under 30 CFR Part 18 and must be de-energized when 1.0 or more percent methane is detected. The training shall also include the proper method to de-energize these PAPRs. 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 stipulations in this petition.

The PAPRs, battery packs, all associated wiring and connections must be inspected before use to determine if there is any damage to the units that would negatively impact intrinsic safety. If any defects are found, the PAPR must be removed from service.

The operator will maintain a separate logbook for the 3M VersafloTM TR-800 and CleanSpaceTM EX PAPRs that shall be kept with the equipment, or in a location with other mine record books and shall be made available to MSHA upon request. The equipment shall be examined at least weekly by a qualified person as defined in 30 CFR 75.512-1 and the examination results recorded in the logbook. Since float coal dust is removed by the air filter prior to reaching the motor, the PAPR user shall conduct regular examinations of the filter and perform periodic testing for proper operation of the “high filter load alarm” on the 3M VersafloTM TR-800

PAPR, and the “blocked filter” alarm on the CleanSpaceTM EX PAPR. Examination entries may be expunged after one year.

All 3M VersafloTM TR-800 and CleanSpaceTM EX PAPRs to be used in the return air outby the last open crosscut, shall be physically examined prior to initial use and each unit will be assigned a unique identification number. Each unit 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. The examinations for the 3M VersafloTM TR-800 PAPRs shall include:

1. Check the equipment for any physical damage and the integrity of the case;
2. Remove the battery and inspect for corrosion;
3. Inspect the contact points to ensure a secure connection to the battery;
4. Reinsert the battery and power up and shut down to ensure proper connections; and
5. Check the battery compartment cover or battery attachment to ensure that it is securely fastened.
6. For equipment utilizing lithium type cells, ensure that lithium cells and/or packs are not damaged or swelled in size.

The CleanSpaceTM EX PAPR does not have an accessible/removable battery. The battery and motor/blower assembly are both contained within the sealed power pack assembly and cannot be removed, reinserted or fastened. The pre-use examination is limited to inspecting the equipment for indications of physical damage.

1. The operator is to ensure that all 3M VersafloTM TR-800 and CleanSpaceTM EX PAPR units are serviced according to the manufacturer's recommendations. Dates of service will be recorded in the equipment's log book and shall include a description of the work performed.
2. The 3M VersafloTM TR-800 and CleanSpaceTM EX PAPR units that will be used in the return air outby 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.
3. Prior to energizing the 3M VersafloTM TR-800 or the CleanSpaceTM EX PAPR in the return air outby the last open crosscut, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
4. All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as defined by 30 C.F.R. § 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent.
5. A qualified person as defined in existing 30 C.F.R. § 75.151 shall continuously monitor for methane immediately before and during the use of the 3M VersafloTM TR-800 or CleanSpaceTM EX PAPR in the return air outby the last open crosscut or in areas where methane may enter the air current.
6. Neither the 3M VersafloTM TR-800 nor the CleanSpaceTM EX PAPR shall 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 Versaflo TR-800 or CleanSpaceTM EX PAPR is being used, the equipment shall be de-energized immediately and the equipment withdrawn outby the last open crosscut.
7. Use only 3M TR-830 Battery Pack, which meets lithium battery safety standard UL 1642 or IEC 62133, in the 3M VersafloTM TR-800 PAPR. Use only the CleanSpaceTM EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133, in the CleanSpaceTM EX.
8. The battery packs must be "changed out'' in intake air outby the last open crosscut. Before each shift when the 3M VersafloTM TR-800 or CleanSpaceTM EX PAPR is to be used, all batteries and power units for the equipment must be charged sufficiently so that they are not expected to be replaced on that shift.

The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:

Always correctly use and maintain the lithium-ion battery packs. Neither the 3M TR-830 Battery Pack nor the CleanSpaceTM EX Power Unit may be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.

1. The 3M TR-830 Battery Pack must only be charged in an area free of combustible material, readily monitored and located on the surface of the mine. The 3M TR-830 Battery Pack is to be charged by either:
   1. 3M Battery Charger Kit TR-641N, which includes one 3M Charger Cradle TR-640 and one 3M Power Supply TR-941N, or,
   2. 3M 4-Station Battery Charger Kit TR-644N, which includes four 3M Charger Cradles TR-640 and one 3M 4- Station Battery Charger Base/Power Supply TR-944N.

1. The CleanSpaceTM EX Power Unit is to be charged only by the CleanSpaceTM Battery Charger EX, Product Code PAF-0066.
2. The batteries must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
3. The batteries shall not be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. The batteries must not be placed in direct sunlight or used or stored near a source of heat.
4. 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.
5. Personnel engaged in the use of the 3M VersafloTM TR-800 and CleanSpaceTM EX PAPRs shall be properly trained to recognize the hazards and limitations associated with the use of the equipment in areas where methane could be present. Additionally, personnel shall be trained regarding proper procedures for donning Self Contained Self Rescuers (SCSRs) during a mine emergency while wearing the 3M VersafloTM TR-800 or CleanSpaceTM EX PAPR. The

mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 30 CFR § 75.1502.

1. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plans to the Mine Safety and Health Enforcement District Manager. These proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in this Decision and Order. When training is conducted on the terms and conditions in this Order, an MSHA Certificate of Training (Form 5000-23) shall be completed. Comments shall be included on the Certificate of Training indicating that the training received was for use of the 3M VersafloTM TR-800 or CleanSpaceTM EX PAPR.
2. All personnel who will be involved with or affected by the use of the 3M VersafloTM TR-800 or CleanSpaceTM EX PAPRs 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 3M VersafloTM TR-800 or CleanSpaceTM EX PAPR can be used in return air outby the last open crosscut. The operator shall keep a record of such training and provide such record to MSHA upon request.
3. The operator shall provide annual retraining to all personnel who will be involved with or affected by the use of the 3M VersafloTM TR-800 or CleanSpaceTM EX PAPRs in accordance with 30 C.F.R. § 48.8. The operator shall train new miners on the requirements of this Order in accordance with 30 C.F.R.§ 48.5, and shall train experienced miners on the requirements of this Order in accordance with 30 C.F.R. § 48.6. The operator shall keep a record of such training and provide such record to MSHA upon request.
4. 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.

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.

The petitioner shall include the above terms and conditions in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that miners are aware of the stipulations contained in this petition.

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, Arlington, Virginia 22202.

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 the 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 Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.

Timothy R. Watkins,
Administrator for Mine Safety and Health Enforcement