Petition - Docket No. M-2020-003-MD

1/12/2021

In The Matter of                                                         PETITION FOR MODIFICATION
Solvay Chemicals, Inc
Solvay Chemicals, Inc

Mine I.D. No. 48-01295                                                       Docket No. M-2020-003-M

AMENDED PROPOSED DECISION AND ORDER

On September 11, 2020, Solvay Chemicals, Inc. (Solvay) filed a petition seeking modification of the application of 30 C.F.R. § 57.22305 to its Solvay Chemicals, Inc mine located in Sweetwater County, Wyoming. The mine is categorized as a Category III 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 the unapproved Clean Space EX 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 (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.

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, this Amended Proposed Decision and Order is issued.

1 Under 30 C.F.R. § 57.22003, “Category III 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").

On March 6, 2020, MSHA issued a Proposed Decision and Order (PDO) for Docket M-2019-004-M granting a modification of the application of 30 C.F.R. § 57.22305 to the

Solvay Chemicals, Inc mine to allow the use of a 3M™ Versaflo™ TR-800 PAPR. The 1st term and condition of the PDO a typo was discovered. The last sentence reference to “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.” The “or” was changed to “and.” The PDO was re-issued on May 22, 2020. This amended decision adds the use of the CleanSpace EX Powered Air Purifying Respiratory (PAPR) certified by UL under ANSI/UL 60079-11 standard.

Findings of Fact and Conclusions of Law

Solvay Chemicals, Inc mines trona from its underground operation, located 22 miles west of Green River, Wyoming. Solvay utilized conventional room and pillar methods until 2003, when it began longwall mining. In addition to the longwall, the mine maintains one longwall development section, a main entry development section and conventional room and pillar sections. The trona bed is approximately 1,500 feet below the surface, and the mine workings cover approximately 15 square miles. The mine operates 24 hours a day and employs an average of 167 underground miners. The mine methane liberation recorded on December 2, 2019, was 3.8 million cubic feet in 24 hours.

The Petitioner states, in pertinent part:

Solvay Chemicals, Inc. is requesting relief from CFR 30 § 57.22305 in an attempt to provide an alternative means of respiratory protection for mine employees exposed to respirable dust and ammonia gas. The current model that is used in the mine is the 3M Airstream Mining headgear-Mounted PAPR system. Although this has the required MSHA approval, it is being discontinued by 3M.

Petitioner requests approval to use four different PAPR models, (namely the Sundstrom SR 500 EX, the Drager X-plore 8000, the 3M TR-800 Versaflo and the CleanSpace EX) in areas where methane may be present. The 3M Airstream PAPR currently in use is scheduled to be discontinued on June 1, 2020. None of the four proposed replacement units have been approved by the Approvals and Certification Center within the Technical Support program area of MSHA. However, Technical Support has reviewed submitted information for each proposed unit, and provided the following information;

1. Sundstrom Model SR500 EX PAPR

Although this unit has international certification (European EN 60079-11:2012 and International IEC 60079-11:2011 standard), the unit is not certified for use in mining applications. Technical Support has determined the equipment cannot be safely used in areas where permissible equipment is required with the conditions proposed by Solvay Chemicals. The level of protection for which this PAPR is certified in Europe

and internationally is not the same level of protection as MSHA’s requirements or the standards noted by NIOSH.² MSHA’s criteria for intrinsic safety includes tests where the subject unit is exposed to two-faults simultaneously. The Sundstrom unit certification is based on intrinsic safety with only one fault applied to the circuitry.

2. Drager X-plore 8000 PAPR

A review of the submitted material indicates that this unit is not certified by any agency for use in any hazardous location. Technical Support has determined the equipment cannot be safely used in areas where permissible equipment is required.

3. 3M™ Versaflo™ TR-800 PAPR

The information provided to MSHA indicates 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.

The UL certification material (drawings, certificate and test report) has been reviewed by MSHA and found to 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, due to legal and regulatory constraints, the UL certificate is not accepted by MSHA as evidence that the PAPR is approved for use in US mines.

4. CleanSpace™ EX Power Unit (HI CAP) - PAF-1060

The CleanSpace EX Power Unit is an intrinsically safe battery-powered, positive pressure air-purifying respirator (PAPR). The CleanSpace EX is suitable for use in certain ignitable or potentially explosive atmospheres where there is a risk of explosion. The PAFtec CleanSpace EX (CS EX) is a battery powered air purifying respirator (PAPR) which uses filters to remove air borne contaminants that are potentially harmful to the wearer.  It consists of a neck mounted Power Unit and an Ex Mask assembly. The power unit contains bellows, filter, keypad, PCBA, battery pack and motor.

The battery pack S006-536 Battery-Pack-lnternal-EX consists of three Howell HW- 704551 Li-Ion Polymer battery cells, fuses and resistors which are completely encapsulated.

2 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 that 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, ...” MSHA’s requirements include the use of safety factors, and up to two faults applied to the circuitry.

The device is designed to be used in explosive atmosphere under Group I and Group IIB.

Due to the range of demonstrated level of safety for the respective units, and the Petitioner’s similar proposed conditions of use for all units, MSHA did not consider the Sundstrom or Drager units further in this petition’s investigation. The investigation focused on the specific conditions of use for the 3M TR-800 Versaflo PAPR and the CleanSpace EX PAPR under normal mining conditions in or beyond the last open crosscut and where methane may enter the air current.

Petitioner proposes while not in operation, the TR-800s PAPR and the CleanSpace EX PAPR will be charged outby the last open crosscut utilizing the manufacture's approved battery charger. The lithium batteries in these units cannot be charged in an area where permissibility is required. The chargers are not approved by MSHA and are not shown to be certified as intrinsically safe to any standard.

Merely charging these batteries in an outby location is not sufficient to ensure that the process is safe. MSHA Program Information Bulletin No. P11-12 indicates that lithium batteries should not be charged underground, unless the batteries are charged in accordance with the applicable regulations pertaining to battery-charging stations. 30 CFR § 57.22224 gives the requirements for battery charging stations at the Solvay Chemicals, Inc mine. Battery charging stations shall be installed in intake air at locations which are sufficiently ventilated to prevent the accumulation of methane. If this type of facility is not available in the mine, the batteries should only be charged on the surface.

Petitioner also proposes that affected mine employees will be trained in the proper use and care of the TR-800 Versaflo PAPR and the CleanSpace EX PAPR unit in accordance with established manufacturer guidelines. 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 perform all inspection requirements set forth in number 2 of the stipulations in this order.

Finally, Petitioner proposes that if 1.0 percent or more methane is detected, the procedures in 30 CFR § 57.22234 will be followed. This practice is required for all electrical equipment except for monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18.

There are no miners representatives designated at the Solvay Chemicals, Inc mine and the miners at the Solvay Chemicals, Inc mine are not represented by a labor organization.

On the basis of the petition and the findings of MSHA’s investigation, Solvay Chemicals, Inc is granted an amended modification of the application of 30 C.F.R. § 57.22305 to its Solvay Chemicals, Inc mine as it pertains to the use of the 3M TR-800 Versaflo PAPR and the CleanSpace EX PAPR. This amended proposed decision and order supersedes the PDO issued on May 22, 2020, under Docket M-2019-004-M. The PDO for Docket M-2019-004-M will be revoked once the PDO for Docket M-2020- 003-M becomes final.

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 Solvay Chemicals, Inc’s petition for modification of 30 C.F.R.

§ 57.22305 in the Solvay Chemicals, Inc mine is hereby:

DENIED with regard to the Sundstrom Model SR500 EX PAPR;

DENIED with regard to the Drager X-plore 8000 PAPR; and

GRANTED with regard to the 3M Versaflo TR-800 PAPR and the CleanSpace EX PAPR, subject to the conditions of this Order: conditioned upon compliance with the following amended terms and conditions:

1. Prior to energizing theTR-800 Versaflo PAPR or the CleanSpace EX 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 and§ 57.18002 must be completed in all areas where TR-800 Versaflo PAPR or CleanSpace EX PAPR are to be worn.
2. The PAPRs 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 should be removed from service.
3. All TR-800 Versaflo PAPRs or CleanSpace EX PAPR 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:

1. Check the instrument 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.

4. The TR-800 Versaflo PAPR and the CleanSpace EX 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.
5. The TR-800 Versaflo PAPR and the CleanSpace EX 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 or the CleanSpace EX PAPR is being used, the equipment shall bede-energized immediately. Additionally, the TR-800 Versaflo PAPR or the CleanSpace EX PAPR shall be withdrawn from the affected areas.
6. 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.
7. 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 or the CleanSpace EX 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 that provide an audible and visual alarm when 1.0 percent methane is detected satisfies this requirement.

8. Batteries contained in the TR-800 Versaflo PAPR or the CleanSpace EX PAPR must be "changed out'' or "charged" in intake air. Before each shift when the TR-800 Versaflo PAPR or CleanSpace EX 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
9. Use only 3M TR-830 Battery Pack for the TR-800 Versaflo PAPR and only use the Battery Charger EX, Product Code PAF-0066 for the CleanSpace EX PAPR (which meets lithium battery safety standard UL1642 or IEC 62133).
   
   1. The 3M TR-830 Battery Pack and the Battery Charger EX for the CleanSpace EX PAPR must be charged on the surface or underground in accordance with 30 CFR §57.22224.
   2. 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.
   3. The battery pack must not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
   4. The battery must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
   5. The battery must not be placed in direct sunlight or used or stored near a source of heat.
   6. 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.
       
10. The mine operator will investigate the potential for electromagnetic interference between the Versaflo TR-800 or the CleanSpace EX PAPR 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 or the CleanSpace EX PAPR 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.
11. Personnel engaged in the use of TR-800 Versaflo PAPR or the CleanSpace EX 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.
12. All 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 or CleanSpace EX PAPR is used in or beyond the last open crosscut or in areas where methane may enter the air current.

13. 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, an MSHA Certificate of Training (Form 5000-23) shall be completed and include the notation “TR-800 Versaflo PAPR and CleanSpace EX PAPR training”.
14. 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.
15. 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 12^th 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.

Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement