August 9, 2021
In the matter of PETITION FOR MODIFICATION
Blue Mountain Energy, Inc.
Deserado Mine
Mine I.D. No. 05-03505 Docket No. M-2021-003-C
PROPOSED DECISION AND ORDER
On March 2, 2021, Blue Mountain Energy, Inc., filed a petition seeking modification of the application of 30 C.F.R. § 75.500(d) to its Deserado Mine about seven miles north of the town of Rangely, at 3607 CR 65 in Rio Blanco 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 standard cited for this petition, 30 C.F.R. § 75.500(d), relates to “electric face equipment which is taken into or used inby the last crosscut of any coal mine.” The petition for modification also (mistakenly) referred to 30 C.F.R. § 75.507-1(a), which specifically states: “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. MSHA discovered this error and brought it to the mine operator’s attention on May 3, 2021. On May 4, 2021, Blue Mountain Energy, Inc. confirmed that it meant to submit the petition to permit an alternate method of compliance with 30 C.F.R. § 75.500(d), and submitted a corrected petition. The May 3 and 4, 2021, dates fell after April 19, 2021, when the District investigated the petition for modification of 30 C.F.R. § 75.500(d), and April 29, 2021, when the District issued the report on its investigation. To summarize, 30 C.F.R. § 75.500(d) is the correct standard to be petitioned, the District’s investigation and report addressed that standard, and that standard is addressed in this Proposed Decision and Order.
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) states, in relevant part, (d) All other electric face equipment which is taken into or used inby the last crosscut of any coal mine, except a coal mine referred to in §75.501, which has not been classified under any provision of law as a gassy mine prior to March 30, 1970, shall be permissible.
Petitioner is requesting a modification of the standard to allow the use of unapproved Power Air Purifying Respirators (PAPRs) in or inby the last open crosscut. Specifically, the petitioner is requesting to utilize the CleanSpace EX Power Unit.
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 006-0, and its Continuous Mining miners in MMU 001-0, MMU 002-0, and MMU 004-0 (the last being currently idle) against potential exposure to respirable coal mine dust during normal mining conditions in or inby the last open crosscut, in return air outby the last open crosscut and within 150 feet of pillar workings or longwall faces. The approved 3M Airstream is being discontinued by the manufacturer and there are no other MSHA-approved units.
2. The proposed CleanSpace EX Powered Air Purifying Respirator has been determined to be intrinsically safe.
3. The proposed CleanSpace EX Powered Air Purifying Respirator is not MSHA-approved, and CleanSpace is not pursuing approval.
The petitioner proposes the following alternative method:
1. The equipment shall be examined at least weekly by a qualified person as defined in 30 C.F.R. § 75.512-2; the examination results shall be recorded weekly. Examination entries may be expunged after one year.
2. All requirements of 30 C.F.R. §75.323 shall be complied with.
3. A qualified person as defined in 30 C.F.R. § 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 the 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 C.F.R. § 75.370 mine ventilation plan and approved 30 C.F.R. Part 48 training plan to the Coal 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 indicating that it was nonpermissible 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 Blue Mountain Energy, Inc.’s Deserado Mine on April 19, 2021. 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 CleanSpace EX brochure, and an onsite mine visit.
The Deserado Mine is a typical western drift mine that first opened in 1979 and currently owned by Blue Mountain Energy, Inc. (BME). The mine has two portals leading into the B-seam, with an average mining height of 10 feet. MMU 006-0 is mining in the mine’s only longwall panel, the LWB-16 panel, roughly 800 feet long. The mine has three continuous mining MMUs: 001-02 in the 1 Right section, 002-0 in the 2 Right section, and 004-0, which is currently idle.
The mine is ventilated by a single fan, and has a backup fan and a backup generator. The mine fans are:
1. Main Fan: TLT Babcock, model GAF 265, 12.5, 8’8” diameter, 900 HP, and 895 RPM. Main fan operates at approximately 7.8” of water gauge and 420,000 cfm.
2. Backup fan: Spendrup model FAN TL274-16, 200-A-1-5, 9’ diameter, 900 HP, and 895 rpm. The backup fan operates approximately at a 7.8” of water gauge and 420,000 cfm.
3. Backup power for both fans is provided by a single 900 HP diesel engine that generates about 1250 kw (1676 HP).
At the time of the investigation, the mine employed approximately 170 employees, operating three shifts a day (day, swing, and graveyard), 9 hours per shift, Monday to Friday. The longwall normally produces 4 to 5 days a week, on day and swing shifts,
for a total of 8 to 10 production shifts per week. The continuous mining sections typically operate 4 to 5 shifts per week per section. The mine’s total production is currently about 13,000 tons per shift, and the total methane liberation in the 2nd quarter of FY 2021 was 31,249 cubic feet per day.
The longwall crew, which consists of approximately seven persons, mines seven days per week, for 10 to 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 intrinsically safe Powered Air Purifying Respirator (PAPR).
Two management representatives, the Safety Manager and the Longwall Foreman, and four hourly representatives, the President of the UMWA local union, the Miners’ Representative, a Tailgate Shear Operator and a Headgate Shear Operator were present during the investigation. All six persons were aware that the petition for modification had been filed.
One management representative expressed favor of the CleanSpace EX because the lens will not flip up and because he believes the PAPR can reduce respirable dust overexposure. The other expressed concern because he is not convinced that the battery will maintain a sufficient charge for ten hours. Both management officials assured MSHA that they will comply with the petition’s terms and conditions, if granted.
The Union President stated that the longwall miners need something to replace the Airstream, and that he favored the CleanSpace EX because it would keep coal out of the miners’ eyes. The Miners’ Representative, who is employed by the mine as a Rock Duster, stated that he had worn another CleanSpace model, the non-permissible, non- proposed CleanSpace Ultra, and had trouble with the head harness. He likes the CleanSpace EX’s positive pressure feature and noted that the CleanSpace EX battery lasted several hours. He plans to recharge the battery each day during his half-hour lunch period to assure that there is sufficient charge to operate the PAPR for another four hours.
The Tailgate Shear Operator expressed concern about the lens fogging up, said he was unsure about how well his hard hat would fit over the head harness, and wondered if the battery would retain sufficient power to operate for an entire shift. The Headgate Shear Operator was also concerned about hard hat fit, battery life, filter life and was unsure if the lens would resist scratching.
In response to these questions, the mine plans the following actions:
1. Regarding battery life, the battery is rated for about 8 hours. The operator will have battery chargers available for miners to charge the CleanSpace EX at lunchtime, and will place a supply of batteries at the same location to change out if any unit loses power.
2. Regarding the head harness, a strap from the head harness to the battery/fan motor can interfere with the ratchet mechanism for tightening hard hat liners. If the head harness strap is routed over, rather than under the ratchet, there is no interference. The other head harness problem was due to unfamiliarity with adjusting the straps. Miners will be trained to properly tighten and loosen the head harness straps, and how to route the battery/fan motor strap over the head harness ratchet.
3. Regarding the potential for lens fogging, the unit is positive pressure and the fogging was minimal on a similar, but non-permissible, unit at the mine. The operator will supply anti-fog solution and may change out the inner mask size for a better, customized personnel fit.
4. Regarding hard hat fit, the mine notes that rerouting the strap on the back of the head harness lessens this problem (see No. 2 above). The mine is also exploring how different hard hats fit over the face piece. The mine also notes that the hard hats of mine rescue members ride on top of their rescue apparatus face piece.
5. Regarding lens scratching, the mine will train miners to take good care of the lens, place it in the cloth bag provided, and not let it ride in the back of the mantrip. The mine will also provide thin lens protectors will keep a supply of new lenses in the warehouse.
6. Regarding filter life concerns, the CleanSpace EX PAPR has a green/red filter indicator that turns red and sounds an audible alarm when the filter needs to be changed out. The mine will stock a supply of new filters and pre-filters.
Intrinsic Safety
Information regarding the UL listing for the CleanSpace EX PAPR was previously submitted to the MSHA Approval and Certification Center (A&CC). At that time a review was requested for the use of this unapproved PAPR in areas of mines where permissibility is required. A&CC conducted the reviews and concluded that:
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:
2. 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”).
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 CleanSpace EX meet the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.
The CleanSpace EX carries an ingress protection rating of IP66. This rating exceeds 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 April 19, 2021, MSHA investigators traveled underground to the 14 Left longwall section (MMU 006-0) and the 2 Right continuous miner (CM) section (MMU 002-0) to test for electromagnetic interference between the proposed CleanSpace EX PAPR and electrical equipment typically worn, carried or operated by miners on the sections.
Mine personnel provided the electrical equipment used in this testing. The CleanSpace EX PAPR electrical components include the pump motor and battery in a pack which rests on the back of one’s neck. Mining conditions on the sections were about 10-foot high and damp mine floor.
The investigator first performed baseline functionality tests for all electrical equipment, including the CleanSpace EX PAPR, by operating them individually and separate from one another. Then, to determine if there were any electromagnetic interference issues, the running PAPR was 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 and CM electrical equipment.
|
Item |
Mfr. |
Model No. |
PAPR Interference? |
|---|---|---|---|
|
Strobe Light |
Grace Industries nc. |
2009M |
No |
|
Multi- Gas Detector |
Altair 4X |
22A130000-0 |
No |
|
Mine Radio |
Investigative Wireless Technologies |
23-A120005-0 |
No |
|
Cap Lamp |
Koehler Permissible Wheat Cordless |
19-A110001-0 |
No |
|
Shear Remote |
Joy Mining Machinery |
PartNo.100802834 sn222609BB102 |
No |
|
CPDM Dust Pump |
Thermo Scientific |
3700-A1 sn370150301149 |
No |
|
Shield Computer |
Joy Faceboss Mimic |
RS20S Part No.100645933 |
No |
|
CM Miner Remote |
Joy Mining Machinery |
TX3 2G4086-0 sn172203AT007A |
No |
|
Wearable Proximity Unit |
Joy Smart Zone Proximity |
PartNo.100885448 sn001A57-0061C5 |
No |
|
CM 995 Volt AC Cable |
Anaconda 2/0, 3C |
P7K-102-045 MSHA HSD-GC 2000V |
No |
|
Methane Monitor |
National Mine Service |
S 800 |
No |
Conclusion: During functionality testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the CleanSpace EX PAPR and the above-listed equipment provided by the mine operator.
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. As shown in Table 1 above, no electromagnetic interference with PDS units was observed during PAPR testing.
Based on the investigations discussed above, MSHA determined that the CleanSpace EX PAPR can be safely used where permissible equipment is required in or inby the last 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, Blue Mountain Energy, Inc. is granted a modification of the application of 30 C.F.R. § 75.500(d) to its Deserado 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 Blue Mountain Energy, Inc.’s Petition for Modification of the application of 30 C.F.R. § 75.500(d) in the Deserado Mine is hereby:
GRANTED, for the operator who may use the CleanSpace EX PAPR in or inby the last crosscut, subject to the conditions of this Order:
Terms and Conditions
1. Affected mine employees must be trained in the proper use and maintenance of the CleanSpace EX PAPR in accordance with established manufacturer guidelines. This training shall alert the affected employee that the CleanSpace EX PAPR is not 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 this PAPR. 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.
2. 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.
3. The operator will maintain a separate logbook for the 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 “blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
4. All CleanSpace EX PAPRs to be used in or inby the last 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.
5. 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.
6. The operator is to ensure that all 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.
7. The CleanSpace EX PAPR units that will be used in or inby the last 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.
8. Prior to energizing the CleanSpace EX PAPR in or inby the last crosscut, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
9. 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.
10. 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 CleanSpace EX PAPR in or inby the last crosscut, or in areas where methane may enter the air current.
11. 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 CleanSpace EX PAPR is being used, the equipment shall be de-energized immediately and the equipment withdrawn outby the last open crosscut.
12. Use only the CleanSpace EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133, in the CleanSpace EX.
13. The battery packs must be "changed out'' in intake air outby the last open crosscut. Before each shift when the 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.
14. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i. Always correctly use and maintain the lithium-ion battery packs. The CleanSpace EX Power Unit may not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
ii. The CleanSpace EX Power Unit is to be charged only by the CleanSpace EX Battery Charger, Product Code PAF-0066.
iii. The batteries must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
iv. 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.
v. A battery shall 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.
14. Personnel engaged in the use of the 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 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.
15. 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 CleanSpace EX PAPR.
16. All personnel who will be involved with or affected by the use of the 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 CleanSpace EX PAPR can be used in or inby the last open crosscut. The operator shall keep a record of such training and provide such record to MSHA upon request.
17. The operator shall provide annual retraining to all personnel who will be involved with or affected by the use of the 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 30 C.F.R. § 48.6. The operator shall keep a record of such training and provide such record to MSHA upon request.
18. 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,
Deputy 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 9th day of August, 2021, to:.
Mr. Jared Winkler Health Specialist
Blue Mountain Energy, Inc.
Rangely, CO 81648
jwinkler@deserado.com
L. Harvey Kirk III, CSP
Senior Mine Safety and Health Specialist
cc: Mr. Bill York-Feirn, Chief Inspector
Division of Reclamation, Mining and Safety,
Mine Safety Training Program
1313 Sherman Street, Room 215
Denver, CO 80203
Bill.York-Feirn@state.co.us