7/8/2022
In the matter of: Petition for Modification
Tata Chemicals (Soda Ash)
Partners Tata Chemicals Mine
Mine I.D. No. 48-00155 Docket No. M-2021-003-M
PROPOSED AMENDED 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").
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. Approval of this petition for modification, provides Tata Chemicals (Soda Ash) Partners approval to use both the 3M Versaflo TR- 800 and the CleanSpace EX PAPRs, with similar terms and conditions of this Proposed Decision and Order.
The petitioner states that the proposed petition for modification (PFM) would allow relief and permit the use of a non-MSHA approved, although intrinsically safe, Powered Air Purifying Respirator (PAPR) for the purpose of providing respiratory protection for miners potentially exposed to respirable dust. The petitioner proposes to use such non-approved equipment under normal mining conditions in and beyond the last open crosscut and where methane may enter the current.
The petitioner is requesting relief from 30 CFR 57.22305, to successfully provide a means of respiratory protection for mine employees exposed to nuisance dust and incorporate the latest available technology. Therefore, the petitioner is requesting approval to use the 3M Versaflo TR-800 and the CleanSpace EX PAPRs at the Tata Chemicals Mine.
The petitioner additionally states:
1. The 3M Versaflo TR-800 and the CleanSpace EX PAPRs will be charged outby the last open crosscut utilizing the manufacturer’s approved battery chargers.
2. Affected mine employees will be trained in the proper use and care of the 3M Versaflo TR-800 and CleanSpace EX PAPRs in accordance with established manufacturer’s guidelines and task training will be maintained with the annual refresher training.
3. If 1.0 percent or more methane is detected, the procedures in 30 CFR 57.22234 will be followed.
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, the Administrator issues this Proposed Decision and Order.
Finding of Fact and Conclusion of Law
MSHA investigators conducted an investigation of Tata Chemicals (Soda Ash) Partners, Tata Chemicals Mine on March 23, 2022.
Tata Chemicals (Soda Ash) Partners, Tata Chemicals Mine is an underground Trona mine located approximately 20 miles west of Green River, Wyoming. Trona is currently mined from Bed-17 with an average mining height of 10 feet. The mine utilizes continuous miners by the room and pillar method. The mine has 4 continuous bore miners, 3 associated JOY continuous haulage units and 2 JOY continuous drum miners. The mine has 3 intake air shafts; the #2 intake air shaft is for man and materials, the #3 intake air shaft is for production and alternate escape, and the #6 intake air shaft is a secondary escape. There are 4 return air shafts (#1, #4, #5 and #7). The mine typically has two twelve-hour production shifts working seven days per week. The continuous miners operate 12-hour shifts, 7 days per week. The mine has been operating since 1968 and there are 520 total employees. The mine is classified as a Category III mine for purposes of applying MSHA’s safety standards for methane in metal and nonmetal mines. As a “gassy mine”, the mine is on a five day spot inspection for liberation of methane over 1,000,000 cubic feet in 24 hours. Total methane liberation during 2nd quarter of FY 2022 was 1,358,644 cubic feet in 24 hours.
The investigation included an item-by-item review of the proposed petition, equipment manufacturer’s user instructions, CleanSpace EX and 3M Versaflo TR-800 brochures and an on-site visit. The investigator verified that the proposed petitions for modification (PFM) were posted on the mine’s bulletin board and copies were given to the miner’s representatives.
The petition for modifications were discussed with two supervisor/managers, one miner’s representative and 10 miners. All persons interviewed were favorable to the PFM approval. The supervisors and the miner’s representative stated that all miners would read and comply with the terms and conditions.
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.
2. 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 U.S. 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”).
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 3M 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 3M 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 (EMI) Investigation
On March 23, 2022, MSHA investigators traveled to the Tata Chemicals Mine and met with mine management and miner’s representatives to observe any potential electromagnetic interference issues with the 3M™ Versaflo™ TR-800 PAPR and the
CleanSpace EX PAPR. Mining conditions on the sections were normal with adequate ventilation. There were no toxic or explosive gases at the time of the inspection.
Investigators conducted testing for potential electromagnetic interference by positioning operating PAPRs in various orientations and distances ranging from zero inches to 12 inches from the miner worn or carried battery powered electrical equipment typically worn, carried or operated by miners on the North “A” mains workplace and the South “C” 15 workplace. The specific electrical equipment tested is identified in Table 1.
Table 1
|
Item |
Mfgr. |
Model No. |
Versaflo TR-800 Interference |
CleanSpace EX Interference |
|---|---|---|---|---|
|
Multi Gas Detector |
Industrial Scientific |
IBRID MX-6 |
No |
No |
|
Multi Gas Detector |
Industrial Scientific |
IBRID MX-4 |
No |
No |
|
Multi Gas Detector |
Industrial Scientific |
VENTIS PRO-5 |
No |
No |
|
Miners Cap Lamp |
Koehler |
Wheat L1 |
No |
No |
|
Handheld Mine Radio |
IWT |
FAP6210-001 |
No |
No |
|
Continuous Drum Miner |
JOY |
12-12-CM |
No |
No |
|
Continuous Bore Miner |
SandvikJOY |
780 |
No |
No |
|
Shuttle Car |
JOY |
10 SC-22 |
No |
No |
|
Auxillary Face Fan |
SPENDRUP |
2 Stage Face Fan |
No |
No |
|
Flexible Conveyor |
JOY |
JOY-FCT |
No |
No |
Conclusion:
During testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the PAPRs and the equipment tested.
Based on the investigations discussed above, MSHA has determined that the 3M Versaflo™ TR-800 PAPR and the CleanSpace EX PAPR can be safely used in areas where permissible equipment is required if the mine operator follows all equipment manufacturer’s recommendations and adheres to the requirements of the Terms and Conditions of the Proposed Decision and Order. In addition, 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 need to stock a supply of new filters and pre-filters.
On the basis of the petition, the findings of MSHA’s investigation, and the foregoing reasons, the following order is issued.
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 Tata Chemicals (Soda Ash) Partners petition for modification of 30 C.F.R. § 57.22305 in the Tata Chemicals Mine is hereby;
GRANTED, for the operator who may use the 3M Versaflo™ TR-800 Intrinsically Safe Powered Air Purifying Respirators (PAPR), and the CleanSpace EX PAPR in or beyond the last open crosscut or in areas where methane may enter the air current, 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 3M Versaflo™ TR-800 PAPR and the CleanSpace EX PAPRs in accordance with established manufacturer guidelines. This training shall alert the affected employee that neither the Versaflo™ TR-800 PAPR nor the CleanSpace EX is approved under 30 CFR Part 18 and 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, mine employees are required to be trained to inspect the units before use to determine if there is any damage 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 identify 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 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 competent person as defined in 30 CFR 57.2 and the examination results recorded in the logbook. Since airborne 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.
4. All 3M Versaflo™ TR-800 and CleanSpace EX PAPRs to be used in or beyond the last open crosscut or in areas where methane may enter the air current 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:
i. Check the equipment for any physical damage and the integrity of the case;
ii. Remove the battery and inspect for corrosion;
iii. Inspect the contact points to ensure a secure connection to the battery;
iv. Reinsert the battery and power up and shut down to ensure proper connections;
v. Check the battery compartment cover or battery attachment to ensure that it is securely fastened;
vi. 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. Therefore, examination of the CleanSpace EX PAPR should include indications of physical damage.
5. 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 will be recorded in the equipment's log book and shall include a description of the work performed.
6. The 3M Versaflo™ TR-800 and CleanSpace EX PAPR units 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 they are in compliance with all the terms and conditions of this Order.
7. Prior to energizing the 3M Versaflo™ TR-800 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 by a competent person as per 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 the Versaflo TR-800 PAPR or the CleanSpace EX PAPR are to be worn.
8. 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 audible warnings when methane is detected in concentrations at or above 1.0 percent.
9. A qualified person as defined in 30 C.F.R. § 57.2 shall continuously monitor for methane immediately before and during the use of the 3M Versaflo™ TR-800 or CleanSpace EX PAPR in or beyond the last open crosscut or in areas where methane may enter the air current.
10. 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 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.
11. 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, containing an internal battery which meets lithium battery safety standard UL 1642 or IEC 62133.
12. 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 for the expected usage on that shift. If spare battery packs for the 3M Versaflo TR- 800 are provided, all battery “change outs” must occur in intake air outby the last open crosscut.
13. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i. 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.
ii. The 3M TR-830 Battery Pack must be charged only in an area free of combustible material, readily monitored and located on the surface of the mine or underground in accordance with 30 CFR §57.22224. The 3M TR- 830 Battery Pack shall be charged only by a manufacturer’s recommended battery charger, such as the:
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.
iii. The CleanSpace EX internal battery, which is contained within the power unit assembly, shall only be charged in areas located outby the last open crosscut in intake air as per 30 CFR §57.22224 or in an area free of combustible material, readily monitored and located on the surface of the mine and only the manufacturer’s recommended battery chargers may be used, such as the CleanSpace EX Battery Charger, Product Code PAF- 0066.
iv. Neither the 3M TR-830 Battery Pack nor the CleanSpace EX power unit which contains the internal battery, shall be exposed to water, allowed to get wet or immersed in liquid. This does not preclude incidental exposure of the 3M TR-830 battery pack or the CleanSpace EX power unit assembly.
v. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR, including the internal battery, shall be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. Neither the 3M Versaflo TR-800 PAPR nor the CleanSpace EX PAPR shall be placed in direct sunlight nor stored near a source of heat.
vi. Neither the 3M TR-830 Battery Pack nor the CleanSpace EX PAPR’s internal battery shall be used at the end of its life cycle (i.e. when there is a performance decrease of greater than 20% in battery operated equipment). The 3M TR-830 battery pack and the CleanSpace EX power unit containing the internal battery must be disposed of properly.
a. Follow the manufacturer’s recommendations and instructions. Check and monitor each unit’s run time. Observe and note the run time that a new fully charged battery provides for powering the unit. Record and usethis new battery run time as a baseline for determining its service life. Note: The battery run time will vary depending on the product’s configuration and the applications running.
b. Routinely check the battery’s charge status.
c. Routinely monitor batteries that are approaching the end of their estimated service life.
d. Re move battery from service with the following conditions:
1. The battery run time drops below about 80% of the new battery run time.
2. The battery charge time increases significantly.
e. Follow the storage instructions as recommended by the manufacturer. If the instructions were not followed for a battery stored or otherwise unused for an extended period or the battery has no charge remaining, consider it to be damaged. Do not attempt to recharge it or use it. Remove it from service and replace it with a new battery.
14. 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 Filter Self Rescuers (FSRs) during a mine emergency while wearing the 3M Versaflo TR-800 or CleanSpace EX PAPR. The mine operator shall submit proposed revisions to update their Escape and Evacuation Plan under 30 CFR
§57.11053.
15. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for it’s 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.
16. 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 or beyond the last open crosscut or in areas where methane may enter the air current. 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 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 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, Suite 401, 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 mine 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 11th day of July, 2022, to:
Curt Cooley, Sr., Safety Professional
Terry Hill, Tata Chemicals Safety Manager
Tata Chemicals (Soda Ash) Partners
Tata Chemicals (Soda Ash) Partners
P. O. Box 551 P. O. Box 551
Green River,
Wyoming 82935
Green River, Wyoming 82935
ccooley1@tatachemicals.com
tehill@tatachemicals.com
Miners’ Representative
Mr. Mike Hernandez,
USWA President
USWA Local 15320
580 Westvaco Road
Green River, Wyoming 82935
NACHO 8069@yahoo.com
Robert S. Roark
Mine Safety and Health Specialist
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