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Petition - Docket No. M-2020-033-CG

April 8, 2021

In the matter of                                                          PETITION FOR MODIFICATION
Canyon Fuel Company, LLC
Skyline Mine
Mine I.D. No. 42-01566                                                        Docket No. M-2020-033-C

 

PROPOSED DECISION AND ORDER

On October 13, 2020, Canyon Fuel Company, LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.507-1(a) to its Skyline Mine in Helper, Utah. 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 and outby the last open crosscut. Specifically, the petitioner is requesting to utilize the CleanSpace EX Power Unit, the CleanSpace2, both with either full or half-mask, the 3M Versaflo TR-800 Intrinsically Safe PAPR, and/or the non-battery powered 3M Ultimate full facepiece respirator mask.

The petitioner states that:

  1. It currently uses the 3M Airstream Headgear-Mounted Powered Air Purifying Respirator (PAPR) System to provide a constant flow of filtered air to protect its Longwall miners in MMU 001-0 and MMU 007-0 against potential exposure to respirable coal mine dust during normal mining conditions in or inby the last open crosscut, and in return air and outby the last open crosscut. The approved 3M Airstream is being discontinued by the manufacturer and there are no other MSHA-approved units.
  1. All three of the proposed units: the CleanSpace EX, the CleanSpace2 and the 3M Versaflo TR-800 Intrinsically Safe Powered Air Purifying Respirator motor/blower and battery are intrinsically safe.
  2. CleanSpace respirators are air filtering, fan-assisted positive pressure masks which are used in different applications including high dust environments. The CleanSpace respirators are lightweight and compact; have no hoses, cables or belt mounted battery packs; there is no servicing or maintenance; they are compatible with currently used personal protective equipment (PPE), have few parts and require a low inventory.
  3. The 3M Versaflo TR-800 is ergonomically designed for greater movement in tight work spaces; helps protect against certain airborne contaminates, is easy to use and maintain, has interchangeable components which will enable Skyline to customize the PAPR system to help meet the needs of its specific application. It is intrinsically safe, has audible and visual alarms, a multi-speed blower, and the battery offers long run time and charges quickly. The TR-800 has a ANSI/UL 60079-11 standard rating for use in hazardous locations.
  4. The 3M Ultimate FX full facepiece respirator mask has a large lens that provides a wide field of view. The lens’s Scotchguard-protection causes some liquids to bead up so they can be wiped off easily; the silicone full facepiece design is comfortable, durable and easy to clean; the 3M cool flow valve makes breathing easier and provides cool, dry comfort; and the particle filters help filter certain particulates.

The petitioner proposes the following alternative method:

  1. The batteries for the PAPRs will be charged outby the last open crosscut when not in operation.
  2. Batteries will be charged by the following products: 3M battery Charger TR- 641N or 3M 4-Station battery charger TR-644N.
  3. The 3M Versaflo TR-800 PAPR will only use the 3M TR-830 battery pack.
  4. Affected miners will be trained in the proper use and care of the PAPR units in accordance with manufacturers’ instructions.
  5. The instrument will be checked for physical damage and the integrity of the case.
  6. If methane is detected in concentrations of 1.0 percent or more, procedures in accordance with 30 CFR §75.323 will be followed.

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 Canyon Fuel Company, LLC’s Skyline Mine on November 18, 2020. Following verification that the petitions for modification were properly posted on the mine’s bulletin board, the investigation included an item-by-item review of the proposed petition, equipment manufacturers’ user instructions, the 3M Versaflo TR-800, CleanSpace EX and CleanSpace 2 brochures, and an onsite mine visit.

The CleanSpace2 respirator was not onsite nor available for testing. According to the CleanSpace 2 product brochure the CleanSpace2 does not provide protection against vapors or gases and is not an intrinsically safe system. As per NIOSH approval information, the CleanSpace 2 unit contains electrical parts that may cause an ignition in flammable or explosive atmospheres.

The 3M Ultimate FX full facepiece respirator mask does not have a battery, motor nor cable. Therefore, the 3M Ultimate FX full facepiece respirator does not meet the requirements of 30 CFR § 75.1002(a) as a piece of electrical equipment and is not considered to be part of this petition for modification.

The Skyline mine is a typical western drift mine that first opened in 1981, and is currently owned by Canyon Fuel Company, LLC. The mine has six (6) intake portals, one (1) return portal and one (1) return shaft into the Upper O’Conner, Lower O’Conner A, and Lower O’Conner B Seams, with an average seam height of 9.5 feet and average mining height of 9.5 feet. The longwall MMU, 001-0 is mining in the Lower O’Conner Seam in the 8 Right Headgate panel, and is about 850 feet long. The mine fans are listed below:

The mine is on a blowing ventilation system with one (1) main mine fan located on the Trespass portal. A back-up fan, also a blowing fan, is located on the BC-3 portal.

Depending on the ventilation demands, the BC-3 back-up fan will produce from 75% to 100% of the ventilation quantities of the main mine fan. The Trespass and BC-3 fan portals are within close proximity to one another. Consequently, the only change in airflow direction when ventilating with the back-up fan will be the reversal of the underground intake air courses in Mine 3, 1 West Mains and 2 West Mains Access.

Anti-reversal doors are installed on both fans, per 30 CFR §75.310(f).

The mine employs approximately 306 underground employees, and 24 surface employees. The mine operates three (3) shifts Monday thru Thursday (working 10 hours per shift), with dayshift performing maintenance; two (2) shifts operate Friday thru Sunday, working 13.3 hours per shift). Maintenance work is performed on dayshift. Current coal production is about 17,000 tons per day. Conveyor belts transport the coal out of the mine; diesel powered mantrips are used to transport miners in and out of the mine. The Skyline No.3 Mine liberates on average over the last four (4) quarters, approximately 45,153 cubic feet of methane per 24 hours.

The longwall crew, which consists of approximately seven (7) persons, mines seven (7) days per week, 10 or 13 hours per day. As stated in the proposed petition for modification, 3M plans to discontinue the Airstream helmet. The mine proposes in the petition to use the CleanSpace EX, CleanSpace 2, and the 3M Versaflo TR-800 intrinsically Safe Powered Air Purifying Respirator (PAPR).

Two management representatives were present during the investigation, the Safety Facilitator and the General Manager of Safety for Wolverine Fuels. One expressed favor of the Versaflo TR-800 because of increased airflow and visibility. Both assured MSHA that they will comply with the petition’s terms and conditions, if granted.

There were no Representatives of Miners at the mine, however the petition and the equipment were discussed with nine (9) miners. All persons were aware that the petition for modification had been filed, and some reported having have test worn one or more of the units in a non-operational environment. They liked the full-face helmet with the Versaflo, but were concerned about the battery size and weight, and the large hose perhaps becoming entangled when working in a shield. The miners expressed concern about the CleanSpace EX’s battery pack that wraps around the user’s neck.

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 Versaflo TR-800 and the CleanSpace EX PAPRs was previously submitted to the MSHA Approval and Certification Center (A&CC). A review was requested for the use of these unapproved PAPRs in areas of mines where permissibility is required. A&CC conducted the reviews and concluded that:

  1. The 3M Versaflo 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 CleanSpace 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 CleanSpace 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”).

  1. Contrary to the Petitioner’s assertion that the CleanSpace2 is fully NIOSH- approved and intrinsically safe, the manufacturer does not advertise this PAPR model to be intrinsically safe. The CleanSpace2 PAPR has not been evaluated by MSHA and no CleanSpace2 was present at the mine for onsite evaluation. Therefore, MSHA will not consider the CleanSpace2 as a potential alternative PAPR.
  2. The 3M Ultimate FX full facepiece respirator mask is not a PAPR and does not have a battery, motor or cable. Manufacturer 3M states that the Ultimate FX full facepiece uses particulate filters, gas and vapor cartridges and combination gas, vapor and particulate cartridges, and is compatible for use with the 3M Versaflo TR-800 PAPR. The performance of this mask is not relevant to the standard petitioned for modification, nor to the operation and safety of the PAPRs, and therefore the mask was not specifically evaluated during the investigation.
  3. The CleanSpace EX half mask and CleanSpace full face masks are not PAPRs. The manufacturer states that both of these masks are compatible for use with the CleanSpace EX PAPR. The performance of these masks is not relevant to the standard petitioned for modification, nor to the operation and safety of the PAPRs, and therefore the masks were not specifically evaluated during the investigation.

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 Versaflo 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 Versaflo TR-800 carries an ingress protection rating of IP64. The CleanSpace 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

PAPR electrical components such as the pump motor or battery can potentially create electromagnetic interference when in close proximity to other electrical equipment. On November 18, 2020, MSHA investigators traveled underground to the 8 Right Headgate section (MMU 001-0) to test for electromagnetic interference between PAPRs and electrical equipment typically worn, carried or operated by miners on the longwall section. Mine personnel provided the electrical equipment used in this testing. Mining conditions on the section were an approximate 10-foot mining height and wet mine floor.

The PAPRs tested were a 3M Versaflo TR-800 and a CleanSpace EX. The 3M Versaflo TR-800 PAPR electrical components include the pump motor and battery in a pack worn on one’s belt. The CleanSpace EX PAPR electrical components include the pump motor and battery in a pack which rests on the back of one’s neck.

The investigator first performed baseline functionality tests for all electrical equipment, including the PAPRs, by operating them individually and separate from one another.

Then, to determine if there were any electromagnetic interference issues, the running PAPRs were positioned in various orientations and at distances ranging from 12 inches to zero inches from miner-worn or -carried battery powered electrical equipment, and from other longwall electrical equipment.

Table 1 below shows the results of that investigation.

Table 1: Electrical Equipment Typically Worn, Carried or Used on Longwall Section

Equipment Type

Manufacturer

Model/Serial/Approval Number

CleanSpace EX
PAPR Interference

3M Versaflo
PAPR Interference

Multi-Gas Detector

Draeger

X-AM2000

No

No

Mine Radio

Mine Site Technologies

23-A100006-0

No

No

Corded Caplamp

Koehler Bright Star

19-A110001-0

No

No

Mine Phone

Comtrol Permissible Loudmouth Mine Phone

9B-71-1

No

No

Shear Remote

Joy

22261QBB009

No

No

Shield Lighting

K and H Lighting

LX2L-45-80-18-1010- 0000

No

No

Tracking device

Koehler

TAG 3100

No

No

Shield Controller

Caterpillar

PMC-R Control Unit

No

No

Shear

Joy

MA001041-0025

No

No

Conclusion: During testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the PAPRs and the equipment tested.

Proximity Detection System

The mine’s Proximity Detection System (PDS) is 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 was performed.

Based on the investigations discussed above, MSHA determined that both the Versaflo TR-800 and CleanSpace EX PAPRs can be safely used where permissible equipment is required within 150 feet of pillar workings or longwall faces, 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, Canyon Fuel, Inc. is granted a modification of the application of 30 C.F.R. § 75.507-1(a) to its Skyline 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 Canyon Fuel, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.507- 1(a) in the Skyline Mine is hereby:

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

DENIED, for the use of the CleanSpace2 – Full or half mask, and the non-battery- powered 3M Ultimate FX full facepiece respirator mask.

Terms and Conditions

  1. Affected mine employees must be trained in the proper use and maintenance of the Versaflo TR-800 and the CleanSpace EX PAPRs in accordance with established manufacturer guidelines. This training shall alert the affected employee that neither the Versaflo TR-800 nor the CleanSpace EX PAPR is approved under 30 CFR Part 18 and therefore 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.
  1. 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.
  2. The operator will maintain a separate logbook for the 3M Versaflo TR-800 and CleanSpace 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 Versaflo TR-800 PAPR, and the “blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
  3. All 3M Versaflo TR-800 and CleanSpace 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 used according to the original equipment manufacturer’s recommendations and maintained in a safe operating condition. The examinations for the 3M Versaflo 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 CleanSpace 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 Versaflo TR-800 and CleanSpace EX PAPR units are serviced according to the manufacturer's recommendations. Dates of service shall be recorded in the equipment's log book and shall include a description of the work performed.
  2. The 3M Versaflo TR-800 and CleanSpace 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 Versaflo TR-800 or the CleanSpace 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 Versaflo TR- 800 or CleanSpace 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 Versaflo TR-800 nor the CleanSpace 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 CleanSpace 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 Versaflo TR-800 PAPR. Use only the CleanSpace EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX.
  8. The battery packs must be "changed out'' in intake air outby the last open crosscut. Before each shift when the 3M Versaflo TR-800 or CleanSpace 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.

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

 

  1. Always correctly use and maintain the lithium-ion battery packs. Neither the 3M TR-830 Battery Pack nor the CleanSpace EX Power Unit may be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
  2. 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.
  3. The CleanSpace EX Power Unit is to be charged only by the CleanSpace Battery Charger EX, Product Code PAF-0066.
  4. The batteries must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
  5. 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.
  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.

 

  1. Personnel engaged in the use of the 3M Versaflo TR-800 and CleanSpace 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 Versaflo TR-800 or CleanSpace 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 Versaflo TR-800 or CleanSpace EX PAPR.
  2. All personnel who will be involved with or affected by the use of the 3M Versaflo TR-800 or CleanSpace 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 Versaflo TR-800 or CleanSpace 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 Versaflo TR-800 or CleanSpace 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 30C.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

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 8th day of April, 2021, to:

Mike Cooper
Canyon Fuel Company, LLC
HC 35, Box 380
Helper, Utah 84526
mcooper@wolverinefuels.com

L. Harvey Kirk III, CSP
Senior Mine Safety and Health Specialist

cc:    Mr. David Houghton, Director Utah Office of Coal Mine Safety 940 S. Carbon Ave.
Price, UT 84501 dhoughton@utah.gov