June 15, 2022
In the matter of PETITION FOR MODIFICATION
Fossil Rock Resources, LLC
Fossil Rock Mine
Mine I.D. No. 42-01211 Docket No. M-2021-031-C
PROPOSED DECISION AND ORDER
On August 30, 2021, Fossil Rock Resources, LLC filed a petition under Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. Section 811 (c) and 30 CFR Part 44. The petition seeks a modification of the application of 30 CFR § 75.350 to Petitioner's Fossil Rock Mine in Emery County, Utah. 30 CFR § 75.350 has multiple subparts, while the alternative method proposed in this petition only affects 30 CFR § 75.350(b)(5). The correct standard to be petitioned is therefore 30 CFR § 75.350(b)(5) which states:
§ 75.350 Belt air course ventilation.
(b) The use of air from a belt air course to ventilate a working section, or an area where mechanized mining equipment is being installed or removed, shall be permitted only when evaluated and approved by the district manager in the mine ventilation plan. The mine operator must provide justification in the plan that the use of air from a belt entry would afford at least the same measure of protection as where belt haulage entries are not used to ventilate working places. In addition, the following requirements must be met:
(5) The area of the mine with a belt air course must be developed with three or more entries.
The petitioner is proposing to use belt air in a two-entry longwall mining system.
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
On March 3, 2022, MSHA investigators conducted an investigation of the Fossil Rock Resources, LLC’s Fossil Rock Mine. The mine is unventilated and therefore the mine could not be examined underground. In addition, the portals are fenced, and the mine is in Temporary Idle Status. Ventilation and roof control plans have been submitted but are not approved. Only the training plans have been approved.
Federal Mine and Safety Health Act, Title 1-General, Mandatory Safety and Health Standards Sec. 101. (c) states "Upon petition by the operator or the representative of miners, the Secretary may modify the application of any mandatory safety standard to a coal or other mines if the Secretary determines that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine." The petitioner has not provided sufficient information to support either case.
The basis for granting a two-entry Petition for Modification is normally due to outburst propensity. The previous operator developed all longwall panels utilizing a two-entry system. There were seven documented accidents on the longwall involving coal outbursts or bounces from 1997 to 2001. (The mine was documented as abandoned in June 2001.) Petitioner confirmed the second to last longwall panel was cut short due to an accident and severe bounce. Petitioner believes that their projected panel/barrier design should mitigate this risk, but the petition does not provide facts to support this claim.
The petition proposes various terms and conditions to be met, some of which are inconsistent with current standards. Most notably, the Atmospheric Monitoring System shall be installed, operated, examined, and maintained and training conducted in accordance with the provisions contained in 30 CFR §§75.350, 75.351 and 75.352.
Additionally, terms and conditions pertaining to a two-entry mining system such as use of diesel equipment, air velocity requirements and acceptable level of respirable dust must be consistent with current standards.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Fossil Rock Resources, LLC's Petition for Modification of 30 CFR §75.350 (b)(5) at its Fossil Rock Mine is hereby:
DISMISSED
Any party to this action desiring a hearing on this matter must file a request for a hearing within 30 days after service of the Proposed Decision and Order, in accordance
with 30 CFR § 44.14, 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 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 Order of Dismissal will become final.
Stephen Gigliotti Chief of Safety 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 15th day of June, 2022, to:
R. Henry Moore Patrick W. Dennison Fisher & Phillips, LLP
Six PPG Place, Suite 830 Pittsburgh, PA 15222 hmoore@fisherphillips.com pdennison@fisherphillips.com
Don Vickers
Mine Safety and Health Specialist
cc: Mr. David Houghton, Director, Utah Office of Coal Mine Safety 940 S. Carbon Ave., Price, UT 84501