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Petition Docket No. M-2021-032-C

09/20/2022

In the matter of                                                          PETITION FOR MODIFICATION Consol Pennsylvania Coal Company, LLC

Bailey Mine

Mine I.D. No. 36-07230                                                        Docket No. M-2021-032-C

 

PROPOSED DECISION AND ORDER

On September 1, 2021, Consol Pennsylvania Coal Company, LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.312(c) and (d) at its Bailey Mine in Greene County, Pennsylvania. 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.

Mine Safety and Health Administration (MSHA) personnel investigated the petition and filed a report of their findings with the Administrator for Mine Safety and Health. After a careful review of the entire record, including the petition, comments and MSHA's investigative report, this Proposed Decision and Order (PDO) is issued.

Finding of Fact and Conclusion of Law

The alternative method proposed by the Petitioner (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.312(c) and (d). These provisions require a fan shutdown to test the automatic fan stoppage signal device [30 CFR 75.312(c)] and to determine that air-reversal- prevention doors will automatically close when the fan shuts down [30 CFR 75.312(d)]. These tests are required to take place at least every 31 days. Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or other repair work that cannot otherwise be made while the fan is operating, are permitted in the mine.

The petitioner proposes an alternate method of performing the tests without shutting down the fan(s) and without removing the miners from the mine. The petitioner’s alternate method will result in the fan alarm signal being verified by a responsible

person at a surface location where the responsible person is always on duty when anyone is underground. Also, the test for automatic closing of the air-reversal- prevention door will be visually observed by the mine personnel performing the test. A report of all tests will be recorded.

According to the MSHA investigative report, Bailey Mine is a large mine with a complex ventilation system consisting of both intake and exhaust shafts. All main mine fans are exhausting and are connected to the exhaust shafts. Each fan is equipped with a pressure recording device and an automatic signal system designed to give an alarm should the fan slow or stop. All exhaust fans are equipped with automatic closing doors to prevent the reversal of air into the mine upon a shutdown of the fan.

The Bailey Mine mines coal in the Pittsburgh coal seam. The average mining height is seven feet, with mining performed in generally dry conditions with an occasionally wet floor. The mine currently has nine working sections; there are two longwall sections, two main development sections employing continuous mining units, and five development sections, also using continuous mining units. The mine produces approximately 46,000 tons of coal per day. Coal is transported from the working sections to the surface by conveyor belts.

The Bailey Mine liberates in excess of 8.5 million cubic feet of methane per 24 hours. The mine is ventilated by nine exhausting fans, listed below by shaft identification.

  1. 4S#1 – Crabapple… Jeffrey, model 8HUA 117-66, 117-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 11.5 inches of water gauge and moves 375,000 cfm.
  2. 5S#1 – Dry Ridge… Jeffrey, model 8HUA 117-66, 117-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 10.2 inches of water gauge and moves 490,000 cfm.
  3. 5S#3 – Irish Ridge… Jeffrey, model 8HUA 117-66, 117-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 12 inches of water gauge and moves 565,000 cfm.
  4. 5S#4 – Lone Oak… Howden, model M-96-58D, 96-inch diameter, 2,500 hp and 1,180 rpm. This fan operates at approximately 11.5 inches of water gauge and moves 650,000 cfm.
  5. 6S#1 – Fairgrounds… Jeffrey, model 8HUA 117-66, 117-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 11.5 inches of water gauge and moves 660,000 cfm.
  6. 6S#2 – Riggs Road… Jeffrey, model 8HUA 117-66, 117-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 12.2 inches of water gauge and moves 640,000 cfm.
  1. 4J Bleeder… Clarage, model AFM 5350, 93.75-inch diameter, 1,500 hp and 895 rpm. This fan operates at approximately 27.8 inches of water gauge and moves 210,000 cfm.
  2. 9J Bleeder… Clarage, model AFM 5350, 93.75-inch diameter, 1,500 hp and 895 rpm. This fan operates at approximately 18.2 inches of water gauge and moves 160,000 cfm.
  3. 7L Bleeder… Clarage, model AF 5130, 111-inch diameter, 2,000 hp and 895 rpm. This fan operates at approximately 27.8 inches of water gauge and moves 240,000 cfm.

The mine employs approximately 615 employees, including supervisory personnel. Of these, 595 work underground and 20 work on the surface. The mine operates three production shifts per day, six days per week, Monday through Saturday. On Sunday day shift approximately 40 miners perform maintenance. Miners are transported in and out of the mine by elevator, and from the foot of the elevator they use diesel-powered mantrips to travel to and from the various work locations.

Because of the complexity of the ventilation system, the shutting down of any fans creates the potential for effects on the system which may require evaluation and delay. Use of the petition will minimize the hazards associated with stopping the fans in a complex ventilation system. The mine produces significant amounts of methane in a 24-hour period. The disruption of the ventilation system by stopping and starting the fans can cause damage either underground and/or to ventilation fans. This damage can result in methane accumulations underground. The starting and stopping of the fans does have the potential to damage the electrical and mechanical systems of the fans. Any delay of a fan start, after shutdown for testing, beyond 15 minutes could result in a lengthy restarting of the mine operating system. It would take three to four hours to conduct an examination, re-set the underground mine power, and then return the miners to their assigned work areas if the fan failed to restart and remained off for more than 15 minutes.

MSHA’s investigation of the petitioner’s alternate method for compliance with 30 CFR 75.312(c) and (d) revealed that the automatic signal activation device for detecting fan stoppage for each fan is provided with:

  1. A motor run relay that is energized through a contact on the main fan starter vacuum contactor. This relay is fail safe and will set off an alarm if the motor run relay detects that the motor is not running or if the relay itself fails.
     
  2. An automatic signal device provided by a relay energized by the chart recorded (water gauge) with the trip ranges set to alarm when 25% of normal operating water gauge pressure is lost.
  1. A dial out computer monitors control power to the fan site. When this control power is lost, the computer will call pre-programmed numbers and notify the responsible person of the power loss.
     
  2. A mine monitoring system monitors each fan signal. If the monitoring system loses a signal or has a communication loss, or if any of the previously mentioned alarms are triggered, the monitoring system will sound an alarm. This is both visible and audible. The alarm is provided at a location where a person is always on duty and has two-way communications with working sections and where people are normally scheduled to work.

In addition, the automatic fan signal device will be tested every 31 days by manually operating a valve near the fan pressure recording chart reducing the pressure on the water gauge to cause the activation of the fan signal; and the issuance of the fan signal will be verified by a responsible person.

It is essential that a mine with multiple ventilation fans be equipped with air flow reversal doors on those fans where air reversal is possible. The doors close in the event of a fan stoppage to prevent the air flow in the mine from reversing direction. Section 75.312(d) requires a fan shutdown at least every 31 days, at mines with multiple fans where air reversals are possible, to ensure that the air flow reversal doors will close automatically in the event of a fan stoppage. The investigation revealed that multiple fans at the Bailey Mine are equipped with solid metal air flow reversal doors. These doors are suspended from hinges on the top of the end of the fan’s housing. When the fan is operating, the door is kept open by the air velocity (force) blowing from the fan. In the event of a fan stoppage, the air flow stops, and the force of gravity causes the door to close to a vertical position. This blocks the air entrance of the mine, thereby eliminating air flow reversal.

The petitioner proposes an alternate method in lieu of a fan shutdown to ensure the air flow reversal doors on the fans will close in the event of a fan stoppage. A series of engineering drawings has been submitted by the petitioner which shows the physical and mechanical construction of the fan doors used in the alternative method test procedure. The alternate method uses an air flow reversal door and a substantially constructed moveable test frame assembly. The test frame assembly is hinged using the same bearing and shaft assembly as the solid metal air flow reversal door. The normal location of the test frame assembly is fastened against the end of the fan housing. The petitioner’s alternative test method consists of manually causing the test frame assembly to move toward the horizontal position (operation position) of the door while the fan is in operation. Since the test frame and air flow reversal door both use the same horizontal bearing support shaft for bearing attachment, the test will verify that the solid air flow reversal prevention door will, in fact, close in the event of a fan stoppage.

If the test frame will move to the door and form a tight fit, then the door will close against the fan housing during an actual fan stoppage and form a tight fit since the air flow that keeps the door open will be stopped.

The petition also discusses another type of air flow reversal doors made up of multiple louvered panels suspended from hinges and counterweighted to close when air flow is diminished. Such multiple louvered panels arrangements are not installed at any of the Bailey Mine fans, and therefore are not included as an option under this Proposed Decision and Order.

The Bailey Mine is a non-union operation and no miners’ representative have been designated. However, the petition was discussed with a representative number of miners employed at this mine. In summary the miners said that this would be easier on the fans because starting and stopping the fans is very hard on the fan motors. The miners also said that shutting down the ventilation in the mine adds to the possibility of methane build up and areas of low oxygen within the mine.

On the basis of the petition, the findings of MSHA's investigations, and the recommendations of MSHA, Consol Pennsylvania Coal Company is granted a modification of the application of 30 CFR 75.312(c) and (d) to its Bailey 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., sec. 811(c), it is ordered that Consol Pennsylvania Coal Company's Petition for Modification of the application of 30 CFR 75.312(c) and (d) at the Bailey Mine is hereby:

GRANTED, for tests of (1) the automatic fan stoppage signal device and (2) the automatic closing air flow reversal doors to be performed without shutting down the mine fan, without removing the miners from the mine, and conditioned upon compliance with the following terms and conditions.

  1. This PDO applies to exhausting main mine fans Mine fans subject to this PDO shall be equipped with a specially equipped fan door assembly consisting of an open test frame and a solid air flow reversal door. The test frame shall be attached to a rotatable shaft and latched to the fan housing during normal operation. The air flow reversal door shall be attached by bearing sets to the shaft supporting the test frame and shall be rotatable around the shaft. The air flow reversal door shall be kept open during normal fan operation only by air flowing from the fan. It shall fit tightly against the fan housing when the fan stops. The test frame shall be latched against the fan housing when not being used for testing.
  1. The air flow reversal door(s) shall be tested at least every seven calendar days for three months following the issuance of this PDO by rotating the test frame outward from its latched position until it contacts the air flow reversal door (Initial Test Period). Rotation of the test frame shall also rotate the shaft and bearings hinging the air flow reversal door.
     
  2. After the Initial Test Period, all parties shall evaluate the door and frame test system, and unless a major problem with the system is determined by MSHA, the test frequency shall change, to at least every 31 days. The person(s) conducting the test must be able to visually observe the movement of the test frame and to visually observe the rotation of the attached shaft. The person(s) conducting the testing shall observe the contact between the test frame and the air flow reversal door to determine that a proper fit exists. Also, the person(s) shall observe the general maintenance of the metal door and test frame for good repair.
  3. Each air flow reversal door shall be tested every six months by stopping the fan to ensure the door automatically closes when the fan shuts down.
     
  4. Each main mine fan subject to this PDO shall be provided with a fan alarm signal system consisting of:

 

  1. A motor run failsafe relay energized through a contact provided on the main starter vacuum contactor.
  2. An automatic fan signal device provided by a failsafe relay energized by the chart recorder (water Gauge) with the trip ranges set to alarm when 25% of normal operating water gauge pressure is lost. (For example, the 4S#1 – Crabapple… fan operates at approximately 11.5 inches of water gauge; therefore, 25% alarm would be 8.6 inches of water).
  3. A dial out computer that monitors power to the fan signal. When this control power is lost, the computer will call pre-programmed numbers and notify the responsible person of the power loss.
  4. A mine monitoring system that monitors each fan signal. If the monitoring system loses a signal or has a communication loss, or if any of the previously mentioned alarms are triggered, the monitoring

system will sound a visible and audible alarm. The visible and audible alarm will be provided at a location where a responsible person is always on duty and has two-way communications with working sections and where people are normally scheduled to work.

  1. The automatic fan signal device will be tested at least every 31 days by manually operating a valve near the fan pressure recording chart reducing the pressure on the water gauge to cause activation of the fan signal. The actuation of the fan alarm will be verified by a responsible person at the location where the responsible person is always on duty when anyone is underground.
     
  2. Each automatic fan signal device and signal alarm shall be tested every six months, by stopping the fan, to ensure that the automatic signal device causes the alarm to activate, when the fan shuts down.
     
  3. The petitioner shall notify the MSHA District Manager when each fan is equipped with the test frame, air flow reversal door and fan alarm signal system. This permits MSHA to make an inspection prior to testing the door and alarm in accordance with the PDO. If required by the District Manager, the test procedure shall be demonstrated, and the fan shall be shut down during this MSHA inspection to verify that the air flow reversal door closes, and the automatic fan signal activates an alarm at the location of the responsible person.
     
  4. Until all mine fans are equipped in compliance with this PDO, the miners must be removed from the mine for the testing of any fan not yet equipped as required.
     
  5. By the end of the shift on which the test of the automatic fan signal devices and/or the automatic closing of the air flow reversal door is completed, person(s) performing the test(s) shall record the result of the test(s) in a secure book. The record book shall be retained at a surface location at the mine for at least one year and shall be made available for inspection by an authorized representative of the Secretary and the representative of the miners. Such recording shall also indicate the general repair of the system.
     
  6. Within 60 days of this PDO being granted, the Petitioner shall submit proposed revisions for its approved 30 CFR 48 training plan to the MSHA's District Manager. These proposed revisions shall include initial and refresher training regarding compliance with this PDO. Also, miners who are to perform the tests under this PDO must be specifically trained on the proper method of testing upon his or her initial assignment to these responsibilities and at least annually thereafter.

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 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 20th day of September, 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

D.R. Vickers

Mine Safety and Health Specialist

cc:     Mr. Richard A. Wagner, P.E., Acting Director Bureau of Mine Safety

PA Dept. of Environmental Protection

P.O. Box 133, 131 Broadview Road New Stanton, PA 15672 rwagner@pa.gov