Petition Docket No. M-2021-002-M

7/7/2022

In the matter of:                                                                  Petition for Modification

Tata Chemicals (Soda Ash)
Partners Tata Chemicals Mine

I.D. No. 48-00155                                                                   Docket No. M-2021-002-M

PROPOSED DECISION AND ORDER

On May 28, 2021, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 57.22305 to Petitioner’s Tata Chemicals Mine located in Green River, 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 unapproved Powered Air Purifying Respirators (PAPRs), 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.

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").

Petitioner is requesting a modification of the standard to allow the use of unapproved Powered Air Purifying Respirators (PAPR), in or inby the last open crosscut.

Specifically, the petitioner is requesting to utilize the 3M VersafloTM TR-800 PAPR.

MSHA received two separate petitions for modification requesting approval to use two different makes and models of the Powered Air Purifying Respirators (PAPR) at the Tata Chemicals (Soda Ash) Partners, Tata Chemicals Mine, I.D. No. 48-00155 as follows:

Docket No. M-2021-002-M - Petition for use of the 3M Versaflo TR-800 PAPR Docket No. M-2021-003-M - Petition for use of the CleanSpace EX PAPR

Since both petitions pertain to the same mine identification number and petitioned the same standard, MSHA combined the two docket numbers into one petition for modification, Docket No. M-2021-003-M and based on the combination of petitions for modification, Docket No. M-2021-002-M is no longer necessary.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Tata Chemicals (Soda Ash) Partners Petition for Modification (Docket No. M-2021-002-M at the Tata Chemicals Mine is hereby:

DISMISSED.

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 concerning 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 at issue 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 Order of Dismissal will become final.

Stephen J. Gigliotti Chief, Division of Safety
Mine Safety and Health Enforcement

Certificate of Service

cc:        Heather Kroupa, State Inspector of Mines, Dept. of Workforce Services, Office of Inspections and Safety, P.O. Box 1094, Rock Springs, WY 82902 Heather.kroupa@wyo.gov