08/25/2021
In the matter of: Petition for Modification Blue Diamond Mining, LLC
Calvary No. 81
I.D. No. 15-12753 Docket No. M-2021-005-C
PROPOSED DECISION AND ORDER
On January 7, 2021, a petition was filed seeking a modification of the application of 30 C.F.R. § 75.364(b)(2) to Blue Diamond Mining, LLC’s Calvary No. 81 mine located in Leslie County, Kentucky. The Petitioner filed the petition to permit an alternative method of compliance with the standard with respect to the weekly examination of the return split of air ventilating the #22 seals. The Petitioner alleges that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded miners under 30 C.F.R. § 75.364(b)(2) as that provided by the standard, which states:
§ 75.364 Weekly examination.
(b) Hazardous conditions and violations of mandatory health or safety standards.
At least every 7 days, an examination for hazardous conditions and violations of the mandatory health or safety standards referenced in paragraph (b)(8) of this section shall be made by a certified person designated by the operator at the following locations;
(2) In at least one entry of each return air course, in its entirety, so that the entire air course is traveled.
On May 6, 2021, MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement.
The miners at Calvary No. 81 mine are not represented by a labor union. After a careful review of the entire record, including the petition and MSHA's investigative report this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Calvary No. 81 underground mine has been in production since the 1980’s, and was obtained by Blue Diamond Mining in 2004. The mine operates two
mechanized mining units, with two production shifts and one maintenance shift per day.
The mine operates in the Hazard No. 4 coal bed, with mining height averaging 54 inches. The mine is ventilated by two exhaust fans that provide a combined 509,697 cubic feet per minute of airflow. Quarterly analyses over the last eight quarters show the mine liberation of 0 cubic feet of methane per 24 hours.
The return air split ventilating #22 seal set includes two 12 inch diameter corrugated metal pipes (CMP's) extending some 300 feet across intake and neutral airways along the Polls Creek Mains to join the main return. The petition is only requested in lieu of traveling the 300-foot length of 12 inch diameter pipes.
Attachment 1 describes the ventilation change to take effect with the granting of this petition. A stopping will be placed at the western end (inlet) of the two pipes to separate air sweeping the #22 seal set from the intake air continuing south along the Polls Creek Mains. In addition, two air measurement stations (check points) will be established at the inlet and outlet of the two 12 inch diameter pipes. The remainder of the return from the outlet of the two pipes to the fan will be traveled/examined weekly.
Investigators measured airflow at two proposed check points, the inlet and outlet points of this pair of 12” pipes. Air quantity of approximately 6,700 cubic feet per minute was measured flowing through these pipes, with air quality of 20.8% oxygen and 0.0% methane.
This method of ventilating the #22 seal set provides additional safety to miners inby this location by routing air sweeping these seals to the main return. In the unlikely event that a seal were to fail, any harmful atmospheric mixture would be pulled by the exhausting fan to the return and not be directed toward the working face.
Therefore, the terms and conditions as amended by MSHA will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.364(b)(2) for examination of the return air split ventilating the #22 seal set. On the basis of the petition, comments received, and the findings of MSHA's investigation, Blue Diamond Mining, LLC is granted a modification of the application of 30 C.F.R. § 75.364(b)(2) to its Calvary No. 81 mine.
ORDER
Under the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and under § 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), and 30 C.F.R. Part 44, a modification of the application of 30 C.F.R. § 75.364(b)(2) at Blue Diamond Mining, LLC’s Calvary No. 81 mine is hereby:
GRANTED, subject to the following terms and conditions:
- Air measurement stations (check points) shall be established at the inlet and outlet of the two 12 inch diameter pipes. A sign shall be posted designating the location of air measuring stations.
- Evaluations shall be conducted by a certified person at each of the air monitoring stations weekly. The evaluations shall include the quantity and quality of air entering and exiting the monitoring station. These air measurements shall be made using MSHA approved and calibrated hand- held multi-gas detectors to check the methane and oxygen gas concentrations and a calibrated anemometer to check air flow volume.
- The date, time, initials and results of these examinations shall be recorded in a book or on a date board that shall be provided at each air measuring station. Such results shall also be recorded in a book kept on the surface and made accessible to all interested parties.
- The entire exterior length of both 12 inch diameter pipes will be physically examined daily.
- The air monitoring station location(s) shall be shown on the annually submitted mine ventilation map. The stations shall not be moved to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine.
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 22202-5452.
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 Petitioner who has requested a hearing shall 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 prepaid, or provided by other electronic means this 25th day of August, 2021, to:
Mr. Chris Smith Manager of Engineering
Blue Diamond Mining, LLC 1021 Tori Drive
Hazard, KY 41701
Don Vickers
Safety and Health Specialist
cc:
Tim Fugate, Divisions Director, Division of Mine Safety
300 Sower Boulevard, P.O. Box 2244, Frankfort, KY 40601
im.fugate@ky.gov
