Petition Docket No. M-2021-043-C | Mine Safety and Health Administration (MSHA)

8/24/2022

In the matter of Petition for Modification
Century Mining LLC
Longview Mine
I.D. No. 46-09447 Docket No. M-2021-043-C

PROPOSED DECISION AND ORDER

On December 20, 2021, MSHA confirmed receipt of Century Mining LLC's filed petition for modification of the application of30 C.F.R. § 75.1904(b)(6) to its Longview Mine, an underground coal mine in Barbour County, near Volga, West Virginia.
Section 75.1904(b)(6) requires that underground diesel fuel tanks be provided with "[s]hutoff valves located as close as practicable to the tank shell on each connection through which liquid can normally flow."

The Petitioner is requesting a modification a diesel-powered locomotive so that it could be used near the working section at the Longview Mine to transport supplies and equipment and to refuel underground diesel-powered forklifts from the locomotive's diesel fuel tank. The Petitioner seeks a modification of the application of Section 75.1904(b)(6) at the Longview Mine to permit an alternative method of compliance that would allow the use of a "Brookville Diesel Motor" (locomotive) in a dual role as a "Motor" and as a "Diesel Fuel Transportation Unit."

The Petitioner states that, under Section 75.1904(b)(6), the use of a shut-off valve in the return line may pose a risk to the motor's operation and emissions and is not related to fuel dispensing. In addition, the Petitioner states that all other required shut-off valves are installed on the connections as close as practicable to the tank's shell. The Petitioner proposed an alternative method which it alleges will at all times guarantee no less than the same measure of protection afforded the miners of the Longview Mine by the standard.

The Longview Mine is under construction and there are no diesel fueling practices in place underground. Longview will use the locomotive to fuel diesel powered equipment (i.e., forklifts) at or near the working section. Longview is also in the process of purchasing diesel powered permissible 650 shield hauler scoops. These scoops will be utilized to transport shields (roof supports) to and from rail mounted cars from the longwall set-up or recovery face. The ability to utilize a locomotive as a diesel fuel transportation unit will prevent the above-mentioned equipment from tramming potentially several hundred feet to an outby fueling location.

Longwall panels will be developed to a length of approximately 10,000' utilizing three development entries. A plan will be submitted to the West Virginia Office of Miners' Health

Safety and Training outlining procedures to be utilized when fueling using the locomotive in an escapeway.

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Mine Safety and Health Enforcement.

After a careful review of the entire record, including the petition, MSHA's investigative report and recommendations, this Proposed Decision and Order (PDQ) is issued.

Findings of Fact and Conclusions of Law

On March 17, 2022, a meeting was held between MSHA and the mine operator regarding the subject petition. A copy of the petition was posted on the mine bulletin

board. The following persons participated in the investigation: Philip Long, Ronald Tulanowski, Dan Curry, Donnie Fem, Nick Hlopick, Cullen Medley, Doug Nelson, James Paynter, Mark Kimler, Dale Foster, and Brad Phillips.

The investigation into the petition is limited since the mine is still under construction and no coal production.

There is very little equipment on site (none of which are

diesel locomotives), and the mine has only a few employees. Most of these employees were in attendance at the meeting at this time.

The Longview Mine is located at 620 Peel Tree Road, Volga, West Virginia. Longview will operate and extract coal from the Lower Kittanning and Upper Mercer coal seams. The average mining height will be 6.5 feet. At the Longview Portal, the Lower Kittanning coal seam is approximately 880 feet below the surface.

The mine will be ventilated by a 16-foot diameter intake airshaft and fan which is located at the portal site. A 24-foot combination return and intake divided shaft will be used for exhaust air and personnel access via a 5-ton rated hoist and man cage. Longview will utilize the room-and-pillar and longwall mining methods to extract coal. The mine estimates they will employ approximately 375 coal miners at full capacity. Longview production began in April 2022. Longview currently has 138 employees. Additional access for personnel and supplies will be by a 125-ton mine hoist system which will travel down a 3,500 foot, 15-degree slope. The slope floor will have rail installed for a brake car which personnel can use for ingress and egress from the mine. The slope entry will also contain a 72-inch mine conveyor in the top portion of the slope, which will transport coal from the mine level to the surface. The primary equipment to be utilized on the rail will be diesel equipment, including the use of 30-ton Brookville locomotives to transport equipment and supplies. At this time there are eight Brookville diesel locomotives and fourteen Brookville diesel mantrips ordered and scheduled for delivery. Along with these, the mine has plans to order various other diesel-powered equipment including scoops, forklifts, etc. Brookville was contacted by the operator and asked to have the diesel locomotives designed and built to the specifications that were done for Arch Coal Leer Mine which meets the requirement for the PDQ issued for Petition M-2016-022-C.

The miners at Longview are not represented by a labor union and there are no miners' representatives. The proposed petition has been posted on the mine bulletin board. The granting of this petition would affect all underground coal miners.

Pursuant to Section l0l(c) of the Federal Mine Safety and Health Act of 1977,

30 U.S.C. Section 81l(c) (the "Act"), and 30 C.F.R. § 44.10, et sec., Century Mining, LLC ("Longview Mine") files a Petition for Modification of the application of mandatory safety standard 30 C.F.R. § 75.1904(b) at its Longview Mine located in Barbour County, West Virginia, I.D. No. 46-09447, for an alternative method of compliance with the standard to permit the use of a Brookville diesel motor in a dual role as a motor/diesel fuel transportation unit. In support of its Petition, Longview Mine states as follows:

The proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. The petitioner is requesting a modification of the standard based on the following factors and procedures.

Equip the diesel Brookville locomotive with a fuel tank constructed of 3/16-inch steel plates designed to serve as both the motor's fuel tank and fuel dispensing tank. The tank is equipped with an 8 gallons per minute pump than can only dispense 50 percent of the tank's capacity, which will ensure the motor's fuel supply cannot be completely depleted.
Shut off the locomotives' s engine during the fueling process to eliminate unnecessary idling. The 8-gallons per minute fuel dispensing pump will operate using a separate battery power source that has been added to supply pump power. The fuel dispensing hose is a 50-foot hose with a no-latch open device and a self-closing valve. There is a power supply switch at the pump's nozzle storage bracket as well as an emergency shut off switch located above the fuel tank. The emergency switch is protected by a cover that automatically ensures that the switch is in the off position any time the cover is closed.
Post the following fueling procedures on the fuel tank:
1. Make sure the fueling sign is hung and the locomotive's engine is shut off
2. Inspect fire extinguishers prior to beginning the fueling process.
3. Ensure that fire extinguishers are located outby the fueling point.
4. Verify fuel hose, equipment, etc. are in good condition.
5. Test for methane in the atmosphere.
6. Check for potential ignition sources and other hazards in the area.
7. Notify the mine dispatcher before starting.
8. Unlock and open the emergency shut-off switch.

1. Check for any spills after the fueling is complete.

J. Shut off the emergency switch and close locked cover.

k. Notify the mine dispatcher after completion.

Equip the tank with a 4-inch vent designed to open at a pressure not to exceed 2.5 pounds per square inch, as required by 30 CFR 75.1904(b).
Identify and mark tank openings and pressure-test the tank, fittings and components.
Equip the pump dispensing line and fuel supply lines with shut-off valves, as required by 30 CFR 75.1904(b)(6).
Equip the pump dispensing line with an anti-siphoning device, as required by 30 CFR 75.1905(b)(iii).
Provide the pump dispensing line with a self-closing valve with no latch-open device, as required by 30 CFR 75.1905(b)(3)(ii).
Install additional fire suppression and detection to ensure that the system protects and meets all of the requirements of 30 CFR 75.1911.
Within 60 days after the Proposed Decision and Order (PDQ) becomes final, the petitioner will submit proposed revisions for its approved part 48 training plan to the District Manager. The proposed revisions will include initial and refresher training regarding compliance with the terms and conditions of the PDO.

Under the petition, the locomotive would be used to transport supplies or equipment and its fuel tank would be used to refuel forklifts and potentially permissible 650 shield hauler scoops underground. The investigation verified the Petitioner's proposed alternative method.

MSHA's mandatory safety standards for diesel-powered equipment under 30 C.F.R. Subpart T include requirements for diesel fuel tanks, dispensing of diesel fuel, and transport of diesel fuel, in addition to the safety requirements that are applicable to the diesel equipment itself

The diesel-powered equipment standards define the term "diesel fuel tank" as "a closed metal vessel specifically designed for the storage or transport of diesel fuel;" and the term "diesel fuel transportation unit" is defined as "a self-propelled or portable wheeled vehicle used to transport a diesel fuel tank." 30 C.F.R. § 75.1900. The proposed dual use of the diesel-powered locomotive as described in the petition does not fit neatly within the above definitions of a diesel fuel tank and diesel fuel transportation unit because the locomotive's fuel tank would be used to refuel diesel-powered forklifts underground.

Nevertheless, the Petitioner's proposed alternative method consists of compliance with many of the provisions ofMSHA's diesel equipment standards applicable to an underground diesel fuel tank and a diesel fuel transportation unit under Sections 75.1904 and 75.1905.

There are additional safety concerns that result from refueling diesel-powered forklifts underground from the locomotive's fuel tank that are not covered by the Petitioner's proposed alternative method.

For example, depleting the fuel to operate the locomotive's engine can cause the locomotive to stop in a hazardous manner or location.

There are also additional fire hazards from fuel spillage and from the separate electrical system for the dispensing pump and the recharging of its battery.

A significant concern is the ability of miners to exit the mine safely in the event ofa fire. Accordingly, this PDQ includes modifications to Sections 75.1904, 75.1905, and 75.1906, and additional terms and conditions to address the safety concerns.

The parts have been received but the petitioner does not plan on installing them until the Petition is granted. When installed, the fuel pick-up tube will be extended half-way down into the fuel tank so the motors fuel supply can never be more than half depleted.

A fueling intake checklist, as provided in the Petition, will be provided on machines. The manufacturer will provide confirmation that all machine fuel tanks have been pressure tested to 3 psi as per regulations.

The dual-use locomotive may be used as a "diesel fuel tank" under Section 75.1904 and as a "diesel fuel transportation unit" under Sections 75.1905 and 1906 to safely transport supplies and

equipment and safely refuel forklifts underground from the locomotive's fuel tank provided that the Petitioner complies with the diesel-powered equipment standards in 30 C.F.R. Subpart T; and the standards applicable to diesel fuel tanks under Section 75.1904, dispensing of diesel fuel under Section 75.1905, and transport of diesel fuel under Section 1906, as modified below; and the additional safety requirements in the terms and conditions in this PDO. During this investigation there were noticeable differences between the previously granted petition for Leer Mine M-2016-022-C.

Longview Mine is willing to accept the terms and conditions previously granted and included in Leer Mine's Petition M-2016-022-C.

It is Longview's intention to mirror this petition and this was confirmed during the investigation. The 30-ton locomotives and diesel fueling system is designed to be identical to the units at Leer Mine. All of the equipment work necessary will be done by Brookeville.

The pump dispensing line will contain a self-closing valve with no latch open device.

This is a smaller version than what is used at fueling stations. The valve must be physically held in the open position, and it will automatically close when you release the dispenser.

The fire suppression and detection system will be installed the same as the previously granted petition. Longview Mine's intent is to mirror Leer's Petition M-2016-022-C in every way.

Accordingly, on the basis of the entire record, Century Mining, LLC's petition for modification is granted.

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 l0l(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 81l(c), it is ordered that Century Mining, LLC's Petition for Modification of the application of 30 C.F.R. § 75.1904(b)(6) in the Longview Mine is hereby:

GRANTED, for the use of the Brookville Diesel Motor (locomotive) in the dual role as a diesel fuel tank and a diesel fuel transportation unit to be used to refuel diesel-powered forklifts underground subject to the diesel-powered standards in 30 C.F.R. Subpart T; and the standards concerning diesel fuel tanks (Section 75.1904), dispensing of diesel fuel (Section 75.1905), and transport of diesel fuel (Section 75.1906), the application of which is modified below; and conditioned upon compliance with the additional terms and conditions.

Section 75.1904(a) is modified to apply to Petitioner's dual-use locomotive. The dual-use locomotive used underground shall-
1. Have steel walls of a minimum 3/16-inch thickness, or walls made of other metal of a thickness that provides equivalent strength;
2. Be protected from corrosion;
3. Be of seamless construction or have liquid tight welded seams; and,
4. Not leak.
Section 75.1904(b)(l)(ii) is modified to apply to Petitioner's dual-use locomotive. The dual-use locomotive, with a tank capacity of 500 gallons or less must be provided with an

emergency venting device whose area is equivalent to a pipe with a nominal inside diameter of 4 inches or greater and which is designed to open at a pressure not to exceed 2.5 psi.

Section 75.1904(b)(2), (3), (4), and (5), is modified to apply to Petitioner's dual-use locomotive. The dual-use locomotive shall have-
1. Self-closing caps for locomotive's diesel fuel tank;
2. Vents to permit the free discharge of liquid, at least as large as the fill or withdrawal connection, whichever is larger, but not less than 1-V4 inch nominal inside diameter;
3. Liquid tight connections for all tank openings that are-
  1. Identified by conspicuous markings that specify the function; and
  2. Closed when not in use; and
4. Vent pipes that drain toward the tank without sagging and are higher than the fill pipe openmg.
Section 75.1904(b)(6) is modified to apply to Petitioner's dual-use locomotive. The locomotive's fuel pump dispensing line and fuel tank supply lines shall be equipped with shut off valves. The shut-off valves shall be installed as close as possible to the tank's shell on each connection through which liquid flows. A shut-off valve shall not be installed on the return line from the locomotive's engine back to the fuel tank. Use of a shut-off valve on the return line may pose a risk to the locomotive's operation and emissions and is not related to fuel dispensing.
Section 75.1904(d) is modified to apply to Petitioner's dual-use locomotive. Surfaces of the locomotive's tank and its associated components must be protected against damage by collision.
Section 75.1904(e) is modified to apply to Petitioner's dual-use locomotive. Before being placed in service, the locomotive's tank and its associated components must be tested for leakage at a pressure equal to the working pressure. Construction layouts, installation diagrams and documentation of appropriate testing of the locomotive's tank and its associated components shall be provided to and maintained by the mine operator. The fuel dispensing system including the tank and its associated components must be properly designed for the application and shall be installed in a workmanlike manner.
Section 75.1905(a) is modified to apply to Petitioner's dual-use locomotive. Diesel powered forklifts and permissible 650 shield hauler scoops in Petitioner's Longview Mine may be refueled from the fuel tank of the dual-use locomotive.
Section 75.1905(b)(3)(i),(ii), and (iii), is modified to apply to Petitioner's dual-use locomotive. Fuel that is dispensed from the locomotive's tank must be dispensed by a fuel dispensing pump with-
A power supply switch installed near the pump's nozzle storage bracket.
One continuous refueling hose with no connections. The maximum hose length shall be 50 feet. The refueling hose shall have a self-closing dispensing nozzle that closes when the handle is released.
An anti-siphoning device or equivalent functionality of anti-siphoning by the fuel dispensing system.
Section 75.1905(c) is modified to apply to Petitioner's dual-use locomotive. Diesel fuel must not be dispensed from the locomotive's fuel tank using compressed gas.

Section 75.1905(d) is modified to apply to Petitioner's dual-use locomotive. Prior to and during refueling of forklifts underground, the locomotive's engine shall be shut off and remain off thereby eliminating unnecessary idling. In addition, the forklifts to be refueled shall be shut off, allowed to cool for at least ten minutes before refueling, and remain off during refueling.
Section 75.1905(e) is modified to apply to Petitioner's dual-use locomotive. An accessible emergency shut-off switch shall be installed in close proximity to the fuel tank. The emergency shut-off switch shall be protected by a cover which ensures that the switch is in the off position anytime the cover is closed. The emergency shut-off switch shall be in the off position with the cover closed and locked at all times unless the fuel dispensing system is being used to dispense fuel.
The application of Section 75.1906, concerning the transport of diesel fuel, is modified to apply to Petitioner's dual use locomotive. In addition, the locomotive shall be promptly removed from the intake escapeway when refueling of a forklift is completed
The fuel dispensing pump shall be equipped to limit the amount of fuel that can be dispensed to a maximum of fifty percent of the tank's capacity to ensure that the locomotive's fuel supply is not completely depleted.
When refueling a forklift underground, the fuel delivery rate shall be established and maintained to prevent spillage. The fuel delivery rate should be based on the size of the tank to be refueled in order to reduce the likelihood of spillage from accidental overfilling.
The Petitioner's dual-use track mounted locomotive is nonpermissible, heavy-duty diesel powered equipment and shall not be used where permissible electrical equipment is required. Therefore, Section 75.1910 concerning nonpermissible diesel-powered equipment; electrical system design and performance criteria requirements are modified to apply to the fuel pump battery and its electrical system. In addition to the requirements in Section 75.1910, a separate battery (from the locomotive's engine starting battery and charging system) shall be used as the sole power to the fuel dispensing pump. This pump battery and its electrical system shall be protected and adequately covered. In no case shall a temporary (jumpered) battery be used. This battery shall be charged only when removed from the equipment. This battery will be changed every 100 hours of service when service is performed on the surface.
In addition to the fire suppression system requirements under 30 C.F.R. § 75.1911 concerning fire suppression systems for diesel-powered equipment and fuel transportation units, the surfaces of the fuel tank and its associated components including the pump, hose, and battery, must be protected from external damage and adequately covered. The fuel dispensing system shall be installed such that the activation of the equipment's fire suppression system shall shut off battery power to the fuel dispensing pump.
A trained person shall ensure that the following safe fueling procedures are followed. These procedures include actions that shall be conducted before, during and after refueling.

The refueling area shall be designated and identified with a clearly marked sign.
The refueling area shall be well rock dusted.
The atmosphere of the refueling area shall be examined and continuously monitored for methane to ensure that explosive levels are not reached.
The appropriate personnel located on the surface shall be contacted before and at the completion of dispensing fuel. The refueling location shall be communicated to appropriate personnel located on the surface.
Firefighting equipment shall be present and in good working condition. Two 20- pound fire extinguishers (10A60BC or higher rating) shall be located upwind of the refueling area within easy reach of the refueling area prior to and during refueling. The fuel dispensing system, miners, and fire extinguishers shall be located up wind of the refueling area.
An additional trained person, other than the miner performing the refueling, shall perform a fire watch during refueling. The trained person shall have the ability to communicate from the refueling area to a designated person on the surface.
Neither the fuel dispensing unit nor the equipment being fueled shall block the escapeway while dispensing fuel.
Proper personal protective equipment and a spill clean-up kit including fuel absorbent material, or any other needed equipment or tools shall be readily available at the refueling locations.
Unlock and open the emergency shut-off switch.
When refueling is complete shut off the emergency switch and close and lock the cover.
The following check list shall be posted on the locomotive on or near its fuel tank and shall be maintained legible.

Ensure that the fueling sign is hung.
Ensure that the locomotive's engine is shut off
Inspect the fire extinguishers prior to starting refueling.
Ensure that the fire extinguishers are located outby the fueling point.
Verify that the fuel hose and associated equipment are in good condition.
Test for methane in the atmosphere.
Check for potential ignition sources and other hazards in the area.
Notify the mine dispatcher before starting.
Unlock and open the emergency shut-off switch.
Check for any spills while fueling and after fueling is completed.
Shut off the emergency switch and close and lock the cover.
Notify the mine dispatcher after completion.

No fuel shall be pumped into cans in the intake escapeway.
The requirement that the locomotive's fueling system and components be examined and tested weekly as part of the requirements for maintenance of diesel-powered equipment under 30

C.F.R. § 75.1914(£) includes testing of the anti-siphon functionality of the system to assure that it is maintained in safe condition or removed from service.

The locomotive shall not be used to transport personnel.
The locomotive shall never be left unattended unless it is parked in a permanent or temporary underground diesel storage area in accordance with Section 75.1903.
The refueling location near the working section shall be ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places. Alternately, if the refueling location near the working section is ventilated with intake air that is used to ventilate working places then a CO sensor shall be installed to monitor the atmosphere downwind of the refueling location.
The CO sensor shall be installed at a distance downwind of the refueling location not to exceed 1,000 feet. However, where air velocities are between 50 and 100 feet per minute the CO sensor shall be installed at a distance downwind of the refueling location not to exceed a distance of 500 feet. Lastly, where air velocities are less than 50 feet per minute the CO sensor shall be installed at a distance downwind of the refueling location not to exceed a distance of 350 feet. Any such CO monitoring system shall be maintained in proper operating condition and calibrated accurately to remain effective to alert miners of a fire and allow miners to safely be withdrawn to a safe location.
Actions in response to alert, or alarm signals similar to the requirements of Section 75.352 must be used. When a CO sensor malfunctions, there is no alternative method for refueling.
In addition, ventilation controls meeting the requirements of Section 75.333(d) must be used.

The refueling location near the working section shall be ventilated with an air quantity that shall be sufficient to dilute, render harmless and carry away flammable, combustible, explosive, noxious, and harmful gases, dusts, smoke, and fumes. Near the working section is defined similarly to refuge alternative for a working section as required within 1,000 feet from the nearest working face.

The locomotive shall not be put into service until MSHA has inspected it and determines that it is in compliance with all of the above terms and conditions.

Within 30 days after this PDQ becomes final, Longview Mine shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager. The proposed revisions shall specify task training and refresher training for all miners assigned to perform work under the terms and conditions of this PDO. In addition, the training shall include the following elements:

Training on the fire hazards that could result from fuel spillage and the additional electrical system for the dispensing pump and the recharging process.
Training on proper testing for air quality prior to energizing the refueling pump.
Training on the safe procedures, and safe work practices of transporting, storing and dispensing diesel fuel.

In addition, within 30 days after this PDQ becomes final, Longview Mine shall submit proposed revisions for its approved 30 C.F.R. §75.1502 Mine emergency evacuation and firefighting program of instruction to the Mine Safety and Health Enforcement District Manager.

The proposed revisions for the Section 75.1502 Mine emergency evacuation and firefighting program of instruction shall include procedures for responding to a mine emergency and safe evacuation of miners in the event of a fire involving the locomotive or the refueling process.

The mine emergency response shall include training miners on a safe evacuation strategy

The procedures of 30 C.F.R. § 48.3 and §75.1502 for approval of proposed revisions to already approved training plans and programs of instruction shall apply.

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 24th day of August, 2022, to:

Victor Hainer, President
Century Mining, LLC Longview Mine
P.O. Box 279
7004 Buckhannon Road
Volga, WV 26238 khainer@centuryminingllc.com

Dan Curry, Safety Manager
Century Mining, LLC Longview Mine
P.O. Box 279
7004 Buckhannon Road
Volga, WV 26238 dcurry@centuryminingllc.com

Rodney Adamson
Mine Safety and Health Enforcement Specialist

cc: Eugene White, Director, Office of Miners' Health Safety & Training, 1615 Washington Street E, Charleston, WV 25311, Eugene.E.White@wv.gov