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Petition - Docket No. M-2020-007-C

11/4/2020

In the matter of:                                                   Petition for Modification

Rockwell Mining, LLC Matewan Tunnel Mine

I.D. No. 46-08610                                                Docket No. M-2020-007-C



PROPOSED DECISION AND ORDER



On June 2, 2020, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1108(c) to the Petitioner’s Matewan Tunnel mine located in Boone County, West Virginia. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.1108(c) states, in relevant part,



(c) Effective December 31, 2018 all conveyor belts used in underground coal mines shall be approved under Part 14.

Petitioner is requesting a modification of the standard to allow the use of non-Part 14 conveyor belt at the Matewan Tunnel mine.

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 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



MSHA investigators conducted an investigation of Rockwell Mining, LLC’s Matewan Tunnel mine on June 24, 2020.

The Matewan Tunnel mine is located in Boone County, West Virginia on the Pond Creek Road/Route WV-85 approximately 3 miles south of Wharton, WV.



Rockwell Mining, LLC, Matewan Tunnel Mine has three persons working including a supervisory person, one shift per day. The mine is represented by the Local Union 1503, United Mine Workers of America (UMWA), and also has a miner's representative. The mine is a straight, three-entry system, a total of 10,500 feet in length portal-to- portal, and does not currently have an active mining section. The coal seam that was mined is the Matewan seam, which averages 33 inches in thickness with an additional 48 inches of top rock that was also mined, providing an average mining height of 81 inches throughout the mine. The mine entries were developed on 150 foot centers.



MSHA records indicate the mine does not liberate methane.



The mine roof is primarily supported by 6 foot fully grouted bolts with steel channels installed on each row of bolts. The mine's ribs are supported by 4 foot long conventional roof bolts and steel straps on 5 foot centers. The belt entry is in the center entry (#2 entry) and is offset from center to allow rubber-tired battery powered 4 wheelers to travel alongside the belt line. The average width of the mine entries is 20 feet, which allows sufficient room to walk on the offside of the belt.



The conveyor belt is 42 inches wide and 12,445 feet in total length, driven on each end by two separate belt drives located on the surface. The conveyor is driven by a 500 HP belt drive on the Rocklick Preparation Plant side of the mine and a 1,000 HP drive on the old Harris Mine side. The conveyor belt was originally designed to transport coal in both directions at the same time, raw coal on the top side of the belt going to the preparation plant at Rocklick and clean coal on the bottom side of the belt going to a second rail load out. Currently the sole purpose of the beltline is to carry raw coal from Rockwell Mining's Black Oak Mine (MSHA ID #46-09152) to the Rocklick Preparation Plant. The Black Oak Mine has two continuous mining units (4 mechanized mining units) that produce an average rate of 4,000 raw tons per day. The speed of the belt was measured at 670 linear feet per minute. The belt thickness was measured at approximately 7/8 th inch.

The belt conveyor is operated 8 hours per day, 5 to 6 days per week, and only on the day shift. The operator currently employs one mine examiner/electrician that works underground, and a supervisor and dispatcher that work on the surface. The dispatcher monitors the carbon monoxide system and the electronic tracking and communication systems from the surface on the Harris Mine side. A hot roller check and fire check is conducted by the mine examiner after the belt conveyor is emptied and then stopped.



The underground portion of the beltline is illuminated every 2 crosscuts by florescent bulbs. Control switches (stop/start) are located along the belt line every 7 breaks, and carbon monoxide sensors are spaced along the belt at 1000 foot intervals. Fire hose taps are spaced every 300 feet along the belt. The water line is a 3 inch diameter plastic line



suspended from the roof along the beltline with the control lines and a 1 inch airline which is not being used.

As part of the petitioner proposed alternate method of compliance, the petitioner request upon approval of the petition for modification to install a water wall system every 2,000 feet, which will be tapped into the CO monitoring system; that will activate at 50 PPM CO and supply a minimum of 50 psi and 45 GPM of water curtain from roof to floor and rib to rib. On September 9, 2020 MSHA requested information on how the water wall system interacts with the CO monitoring system. On September 10, 2020 the petitioner provided a schematic from the Water Wall Design and Installation guidelines which stipulates that the water wall be installed to not exceed one thousand (1,000) feet.



The roadway along the beltline is graveled from portal-to- portal and the belt line is isolated on both sides by block stoppings with man doors in every other break (the doors are left open to allow the three entries to be common for ventilation purposes). The man doors were measured at 3 foot wide and 5 foot tall.

The mine is ventilated by one main fan, being operated in the blowing mode, and located on the surface at the Roddick Plant side, generating 87,685 CFM, with a 0.2 inch water gage. The airflow enters the mine to the number 11 crosscut and then splits, with approximately 45,851 CFM leaving the mine on the Harris Mine side and 41,816 CFM leaving the mine on the Rocklick Plant side. Airflow velocity of 120 fpm was measured in the belt entry at No. 22 crosscut.



Communication systems were established throughout the mine with hand-held radios and by means of a hardwired mine phone system located every seven crosscuts underground.

The mine's electrical system consists of six 12,470 volt ac power transformers, one disconnect box, one D-box, two battery chargers, and 39 water pumps.

The petitioner states that Part 14 belt will be used to repair and replace belting The granting of this petition would affect all underground miners at the mine.

On the basis of the petition and the findings of MSHA’s investigation, Rockwell Mining, LLC, is granted a modification of the application of 30 C.F.R. § 75.1108(c) to its Matewan Tunnel 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



Rockwell Mining, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1108(c) in the Matewan Tunnel mine is hereby:



GRANTED, for the operator to use the existing underground conveyor belt currently not approved under Part 14, subject to the conditions of this Order:

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 Matewan Tunnel belt conveyor.



2. Prior to a certified person entering the Matewan Tunnel, the CO system data from the prior 2 hours will be monitored for any sign of combustion. At the end of coal transport each day (fire run), the CO system data from the prior 4 hours will be monitored for any signs of combustion.



3. A functional (bump) test of at least one CO sensor will be conducted once each shift when belts are operated in addition to the functional test required every 7 days under 75.1103-8. All 13 sensors must be checked every 13 days but a different sensor will be bump tested each day. Carbon monoxide sensors must be calibrated at intervals not to exceed 31 days and records shall be maintained by the operator for a period of one year. In addition to ensuring the CO sensors are working properly, the test should ensure the dispatcher is able to detect the visual and audible warning alarms.



4. The thirteen CO monitors must be located along the conveyor belt every 1000 feet and set to "low alarm" at 5 ppm and "high alarm" at 10 ppm. The belt must be shut off by the dispatcher or his designee if the CO monitoring system reaches “high alarm” and sensors checked if the CO monitoring system reaches “low alarm.”



5. The belt air velocity must be maintained to a minimum of 50 feet per minute as per 75.350(a)(2). The CO monitors and sensors along the belt conveyor are set to give an alert at the dispatcher’s office when the levels of CO reach 5 PPM and an alarm will be sounded when the CO levels reach 10 PPM.



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 “water wall” must be promptly installed every 1,000 feet, and connected to each CO monitor. Each water wall will be dedicated to a separate CO monitor and set to activate at 50 PPM CO and supply a minimum of 50 PSI of water @ 45GPM. The water will span from rib to rib and roof to mine floor. A test button will be installed on the control box that will power the water solenoid and actuate the water to the sprays to check for leaks, clogged sprays, proper solenoid function, etc. When activated the water wall will stop the belt but will not de-energize the belt. The water wall system must be examined weekly and function tested annually. A record of the examination and functional test shall be maintained by the operator and made available upon request.



8. The petitioner must notify the District Manager when the water wall system has been installed. MSHA will inspect the system for proper functionality.



9. A pre-shift examination 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. Each shift that the conveyor belt is operated an examination must be made by a Certified Foreman(s). All hazardous conditions must be recorded in an examination book maintained on the surface. All hazardous conditions must be corrected in accordance with the 30 Code of Federal Regulations (30 CFR).



10. Other than replacing water pumps, no motors or electrical equipment will be added and no changes will be made to the belt configuration or layout while this Petition for Modification is in effect that would add motors or belt drives underground.



11. Examiner will enter the tunnel from the Harris Portal, the downwind side so the examiner is traveling toward the fan. From entries 75 to 11, he will be traveling into fresh air. From Crosscut No. 11 to the Rocklick Portal, fresh air will come from behind the examiner for those 11 breaks in entries Nos. 2 and 3.



12. Radio contact shall be maintained throughout the Matewan Tunnel beltline. Examiners will be trained to immediately notify the dispatcher in the event of CO detection. The examiner shall withdraw from the Matewan Tunnel and notify MSHA as required under MSHA regulations should a fire be encountered and not extinguished according to the Mine Act.



13. If the CO monitoring system or the waterwall system malfunction, the belt shall not operate until necessary repairs have been made.



14. 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.

15. Alignment rollers shall be maintained on the belt line every 1000 feet. Belt idlers shall be replaced as needed to reduce the heat and fire potential.



16. Belt control switches shall be maintained beside the beltline ever 7 crosscuts.



17. When performing maintenance or repairs to the Matewan Tunnel belt, the beltline must be de-energized, locked and tagged out prior to beginning any work.



18. 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 annual 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 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 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 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 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 4th day of November , 2020, to:

Mark E. Heath Mr. Carl Egnor

Rockwell Mining Company

President Local Union

1503 Spillman

Thomas & Battle, PLLC

Representative of Miners

300 Kanawha Boulevard,

East United Mine Workers of America

Post Office Box 273

500 4th Street Charleston,

West Virginia 25321-0273

Madison, WV 25130

mheath@spilmanlaw.com



/s/

Don Braenovich

Mine Safety and Health Specialist



cc: Mr. Eugene White, Director, Office of Miner’s Health Safety & Training, #7 Players Club Dr., Suite 2, Charleston, WV 25311

Eugene.E.White@wv.gov