December 22, 2021
In the matter of: Petition for Modification
Genesis Alkali LLC
Genesis Alkali @ Westvaco
Mine I.D. No. 48-00152 Docket No. M-2021-004-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 Genesis Alkali @ Westvaco mine (Genesis Alkali) 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 (PAPR), 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").
2
Genesis Alkali submitted a related Petition for Modification, M-2019-007-M, seeking relief from 30 C.F.R. § 57.22305 on October 15, 2019 for use of the 3M Versaflo™ TR-800 Intrinsically Safe Powered Air Purifying Respirator in its underground, Class III Trona mine in areas in or beyond the last open crosscut and in areas where methane may enter the air current. That petition was granted March 6, 2020 and reissued May 22, 2020.
Subsequently the CleanSpace EX PAPR, which is manufactured by CleanSpace has been identified as another PAPR that has also been determined to be intrinsically safe (IS) under other certification bodies, however CleanSpace is not pursuing MSHA approval. Genesis Alkali is thus submitting this Petition seeking relief from 30 C.F.R. § 57.22305.
The CleanSpace PAPR's design allows the miners to wear their standard hard hats, which are not readily accommodated with the TR-800. Genesis Alkali has strived to provide its employees options for personal protective equipment (PPE) and would like to be able to offer employees both the TR- 800 and the CleanSpace so as to accommodate personal preferences for comfort without compromising safety and effectiveness of the PPE.
This petition seeks to amend Docket M-2019-007-M, and provide Genesis Alkali ability to allow the use of both the TR- 800 and the CleanSpace PAPRs, with similar terms and conditions as provided under M-2019-007-M for the TR-800, while also addressing appropriate conditions of use for the CleanSpace PAPR. The modification granted under Docket No. M 2019 007-M will be superseded and replaced by this amended modification granted under Docket No. M-2021-004-M when this Proposed Amended Decision and Order becomes final.
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 Genesis Alkali mine on September 22, 2021.
Genesis Alkali mines trona from its underground operation, located 20 miles west of Green River, Wyoming. Trona is mined at a depth of approximately 1,500 feet below the surface, and is accessed via a number of vertical shafts that include a men and materials hoist and a production hoist in addition to providing mine ventilation. The mine operates 24 hours per day, 7 days a week, employing an average of 258 underground miners in 2021. Production units include a longwall mining system plus room and pillar development. Three shafts are equipped with blowing fans as follows;
Shaft 5: Jeffery, model 8HU/117, 2 stage, 9.75 ft. diameter, 710 RPM, 1500 HP. This fan operates at approximately 7.0” water gauge and provides 393,000 cfm.
Shaft 7: Jeffery, model 8HU/117, 2 stage, 9.75 ft. diameter, 710 RPM, 1500 HP. This fan operates at approximately 4.2” water gauge and provides 306,000 cfm.
Shaft 8: Jeffery, model 8HU/117, 2 stage, 9.75 ft. diameter, 710 RPM, 1500 HP. This fan operates at approximately 6.0” water gauge and provides 445,000 cfm.
Average methane liberation in FY 2021, was 4.9 million cubic feet of methane per day, based on quarterly sample analyses.
The miner’s representative accompanied investigators during the September 22 site visit.
The petition for modification has been posted on the mine bulletin board.
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
The CleanSpace EX PAPR Power Unit PAF-0060, is not MSHA approved. The unit 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 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.
The CleanSpace EX 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 or reinserted.
Information regarding the UL listing for the 3M Versaflo™ TR-800 PAPR was previously submitted for the original petition M-2019-007-M to the MSHA Approval and Certification Center (A&CC). A review was requested for the use of the unapproved PAPR in areas of the mines where permissibility is required. A&CC conducted the review and provided conclusions that the device 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.
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 material (drawings, certificate and text report) was found to support the conclusion that the Versaflo™ TR-800 meets 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. This rating exceeds the minimum rating of IP54 required by the ANSI/UL and IEC standards for intrinsically safe mining equipment.
Electromagnetic Interference (EMI) Investigation
On September 22, 2021, MSHA investigators traveled to the Genesis Alkali mine to observe any potential electromagnetic interference issues with the 3M™ Versaflo™ TR- 800 PAPR and the CLEANSPACE EX PAPR.
Investigators conducted testing by positioning an operating PAPR in various orientations and distances from the site specific electrical equipment as identified in Table 1.
|
Item |
Mfgr. |
Model No. |
PAPR interference |
|---|---|---|---|
|
Main Shop Area |
|||
|
Telephone |
Lucent |
Land line office phone |
No |
|
Multi-Gas Detector |
Industrial Scientific Corp. |
Ventis Pro5 |
No |
|
Cap Lamp |
Northern Lights - Polaris |
Approval No. 19-A 10000 1-0 |
No |
|
Mine Phone |
Comtrol Permissible Loudmouth Mine Phone |
LM 101-1 |
No |
|
Wi Fi Router |
Cisco |
No. 1 Bay area |
No |
|
#17 Tailgate Unit |
|||
|
Mounted CH4 Monitor |
Borer Miner |
BM-10 Eimco 900 Series |
No |
|
Cameras |
Phillips Shuttle Car- 86 |
Bore SFE2 |
No |
|
Tram motor |
Phillips Shuttle Car- 86 |
VFD MSR17 EX 9 |
No |
|
Master control panel |
Phillips Shuttle Car- 86 |
S/N PMU0035 |
No |
|
#15 Headgate Unit |
|||
|
VFD |
15 Headgate Belt Drive |
ABB |
No |
|
CH4 monitors on Main VDS Controls |
Longwall face - 15 Headgate |
ITX S-800 |
No |
|
Mimic controller on Shields |
Longwall face - 15 Headgate |
RS-20S |
No |
|
Longwall Repeater Station |
15 Headgate |
Comtrol Permissible Loudmouth |
No |
|
Outby |
|||
|
Hetronic Remote |
Arva Mobile Crane model wo MC230, S/N 3008-A177508 |
NOVA-L Type CH-13, ADMO#320667-system#- so8A-4924-TX, battery power 68300900 NI-MH 8.6V 1.2Ah |
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 Genesis Alkali LLC petition for modification of 30 C.F.R. § 57.22305 in the Genesis Alkali @ Westvaco 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 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 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 “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 being 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; and
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. The pre-use examination is limited to inspecting the equipment for 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.
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.
7. 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 at or above 1.0 percent.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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. 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 only be charged 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 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.
iii. The CleanSpace EX Power Unit is to be charged only by the CleanSpace Battery Charger EX, 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.
iv. The batteries must not be exposed to water or allowed to get wet. This does not preclude incidental exposure of sealed battery packs.
v. 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.
vi. The battery must not 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 battery must be disposed of properly.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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 has11 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 22nd day of December, 2021, to:
Barbara E. Ritchie Ryan Pauley – EHS Operations Manager Director, EHS and Sustainability Genesis Alkali, LLC
Genesis Alkali, LLC 580 Westvaco Road
1735 Market Street Green River, WY 82935
Philadelphia, PA 1910317
Ryan.pauley@genlp.com
Barbara.ritchie@genlp.com
Miners’ Representative
Genesis Alkali, LLC
580 Westvaco Road
Green River, WY 8293
Don Vickers
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