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Petition Docket No. M-2022-002-C

 

6/15/2022

In the matter of:                                                                                Petition for Modification

Signal Peak Energy, LLC

Bull Mountains Mine No. 1

I.D. No. 24-01950                                                                              Docket No. M-2021-045-C

PROPOSED DECISION AND ORDER

On January 20, 2022, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.507-1(a) to Petitioner’s Bull Mountains Mine No. 1 located in Roundup, Musselshell County, Montana. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.507-1(a) states, in relevant part,

(a) All electric equipment, other than power-connection points, used in return air outby the last open crosscut in any coal mine shall be permissible except as provided in paragraphs (b) and (c) of this section.

Petitioner is requesting a modification of the standard to allow the use of unapproved Powered Air Purifying Respirators (PAPR), in return air outby the last open crosscut. Specifically, the petitioner is requesting to utilize the 3M VersafloTM TR-800 Intrinsically Safe PAPR for miners working in the MMU 004-0 longwall section.

The petitioner states that it currently uses the 3MTM AirstreamTM Headgear-Mounted PAPR System to provide additional protection for its miners against exposure to respirable coal mine dust. The PAPR provides a constant flow of air inside the helmet which helps provide respiratory protection and comfort in hot working environments. The approved 3MTM AirstreamTM system has been used for more than 40 years by many mine operators to help protect their workers. Recently 3M indicated they have been facing multiple supply disruptions of key components for the Airstream product line.

Due to the supply disruptions, 3M discontinued production of the Airstream system and components on June 1, 2020.

Currently, there are no replacement 3M PAPRs that meet applicable Mine Safety and Health Administration (MSHA) standards for permissibility relative to electronic equipment used in potentially explosive atmospheres of underground coal mines.

The petitioner proposes to use the 3M VersafloTMTR-800 Intrinsically Safe Powered Air Purifying Respirator motor/blower and battery which qualifies as intrinsically safe in the U.S., Canada and any other country accepting the International Electrotechnical Commissions System (IECEx) for Certification to Standards Relating to Equipment for Use in Explosive Atmosphere. The TR-800 PAPR has a blower that is UL-certified with an intrinsically safe (IS) rating of Division 1: IS Class I, II, III; Division 1 (includes Division 2) Groups C, D, E, F, G; T4 under the most current standard (UL 60079, 6th Edition, 2013); ATEX-certified with an intrinsically safe (IS) rating of “ia”. The TR-800 is rated and marked with Ex ia I Ma, Ex ia IIB T4 Ga, Ex ia IIIC 135oC Da, -20oC < Ta <

+55oC, under the current standard (IEC 60079). The 3M VersafloTM TR-800 PAPR is not MSHA approved as permissible and 3M is not pursuing approval. The petitioner states that the ANSI/ISA standards are an acceptable alternative to ACRI2001 and provide an equivalent level of protection.

The petitioner proposes the following alternative method:

  1. When not in operation, batteries for the 3M VersafloTM TR-800 PAPR will be charged on the surface or underground in intake air and not within 150 feet of a worked out area.

     
  2. The batteries will be inspected and changed at the surface or underground in intake air.

     
  3. The following battery charging products will be used: 3M TR-641N or 3M 4- station battery charger TR-644N.

     
  4. The 3M Versaflo TR-800 PAPR will exclusively use the TR-830 battery pack.

     
  5. Miners will be trained on how to safely use, care for, and inspect 3M VersafloTM TR-800 PAPR units.

     
  6. The 3M VersafloTM TR-800 PAPR will be assessed for physical damage and integrity of the unit’s case before each use.

     
  7. The 3M VersafloTM TR-800 PAPR will not be used if methane level is found to be at or above 1.0 percent. If the methane levels are higher than 1.0 percent the equipment will immediately be de-energized and withdrawn from affected areas.
  1. The product will not be used in continuous miner sections alongside proximity detection systems.

     
  2. All qualified persons and miners affected shall receive specific training on the terms and conditions of the Decision and Order before using the equipment in the affected area. A record of any training on this Decision and Order shall be kept and provided upon request by an Authorized Representative.

The petitioner states there are currently no representative of miners at the Bull Mountain Mine No. 1. A copy of the proposed petition for modification has been posted on the mine bulletin board.

MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After careful review of the entire record, including the petition, and MSHA’s investigative report, this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

MSHA investigators conducted an investigation of Signal Peak Energy, LLC, Bull Mountains Mine No. 1 on February 24-25, 2022. The investigation included an item-by- item review of the proposed petition for modification (PFM), equipment manufacturer’s user instructions, 3M Versaflo TR-800 brochure and an on-site mine visit. During the on-site visit, the investigator verified that the proposed Petition for Modification (PFM) was posted on the mine’s bulletin board and explained the PFM process and all stipulations to the miners and supervisors. The investigator did not observe any apparent electromagnetic interference or performance issues between the 3M Versaflo TR-800, powered air-purifying respirators (PAPR) and the equipment provided for testing.

The Bull Mountains Mine No. 1 is located at 100 Portal Drive, approximately eighteen miles south of Roundup, Musselshell County, Montana. Bituminous coal is mined from the Mammoth seam with an average height of 108 inches and entry width of 20 feet.

Bull Mountains Mine No. 1 has six portals: entries 1 and 2 are returns, entry 3 is the belt, and entries 4 and 5 are intake air exiting the mine. One slope entry, South Portal #3, connects to 10 Right South Portal entries where intake air exits the mine. A Spendrup 1750 HP fan supplies the air to the blowing ventilation system. One shaft is intake air located at XC-78 entry 6 and the other is exhausting at XC-98 entry 0. Explosive levels of methane gas or other gases have never been encountered at the mine.

The Bull Mountains Mine No. 1 has three mechanized mining units (MMU). MMU 001- 0 is currently developing the 10 Right section with two Joy continuous miners (Model No. 12CM12-11BX), two Fletcher bolters (Model No. CHDDR-13 and Model No. DDR-

17) and two Joy shuttle cars (Model No. 10SC32). MMU 002-0 is idle in the East Mains development. MMU 004-0 is a longwall section currently operating in 9 Right, which consists of 187 shields, Joy shear KWS619, Cathead and tailgate PF-6/1242, Cat crusher SK1220, Cat stage loader 615887 and monorail system. Bull Mountains Mine No. 1 has four rotating crews working 12-hour shifts with 235 employees: 55 are salary employees and 180 are hourly employees and the mine has no designated miner’s representative. Records indicate the mine’s annual coal production was 7,246,554 tons for CY 2021. The granting of this petition would affect all underground miners at the mine.

The investigator interviewed five hourly employees and five supervisors/managers. All miners reviewed the petition and were given the opportunity to discuss any safety concerns regarding the PFM. There were no safety concerns expressed and all were favorable to the approval of the PFM. Supervisory and management personnel had no concerns and agreed to comply with the terms and conditions stated in the PFM.

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

Information regarding the UL listing for the 3M VersafloTM TR-800 PAPR was submitted 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 VersafloTM TR-800 meets the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.

The VersafloTM 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 Investigation

On February 24 and 25, 2022, investigators traveled to the Bull Mountains Mine No. 1 to test the 3M VersafloTM TR-800 PAPR for potential electromagnetic interference

between other electrical equipment typically worn, carried or operated by miners on the (MMU 004-0) longwall section as listed in Table 1. Constant monitoring for gases was performed during the tests, with no methane present.

The 3M Versaflo TR-800 PAPR features a helmet with a full-face visor connected by a hose to a pack containing the pump motor, filter and battery, which is attached to the miner’s belt. Investigators conducted testing by positioning an operating PAPR in various orientations and distances ranging from one inch to three feet from the miner- worn electrical equipment and other longwall electrical equipment as identified in Table 1.

Table 1

Worn electrical equipment and other longwall electrical equipment

Equipment Type

Manufacturer

Model

Interference

Mine Phone

Control Loudmouth

MSHA 9B-71-1

No

Multi-Gas Detector

Industrial Scientific

Model MX4

No

Handheld Radio

Kenwood

Model nx-203

No

Battery

 

Model KB-50NC

No

Cap Lamp

Koehler wheat

No. 19-A110001-0

No

Cap Lamp

Koehler wheat

No. 19-A040001-0

No

Shear Remote

Joy

XR1/222609

No

CPDM

Thermo Scientific

3700-A1

No

Shield computer

Caterpillar

BFE-69-06

No

Shield computer

Caterpillar

PMC-R/2

No

Tracker comm

Strata

C202

No

Methane monitor

General monitor

S800

No

Methane monitor

CSE 480

140B-LD

No

4160 cables

American type

MSHA APP

No

480 cables

American type

MSHA APP

No

Conclusions

During the investigation, the investigator did not observe any apparent electromagnetic interference or performance issues between the PAPR and the equipment provided by the mine operator, as listed in Table 1 above.

Based on the investigations discussed above, MSHA has determined that the VersafloTM TR-800 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.

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. § 811(c), it is ordered that Signal Peak Energy,LLC ’s Petition for Modification of the application of 30 C.F.R. § 75.1002(a) in the Bull Mountains Mine No.1 is hereby:

GRANTED, for the operator who may use the 3M VersafloTM TR-800 Powered Air Purifying Respirators (PAPR), within 150 feet of pillar workings or longwall faces. In accordance with the petitioner’s request, PAPR units shall only be used for regular longwall mining operations and shall not be used in continuous miner sections alongside proximity detection systems. The petitioner is 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 Versaflo TR-800 PAPR unit in accordance with established manufacturer’s guidelines. This training shall emphasize the importance of adhering to the manufacturer’s recommendations regarding safe operating distances to prevent interference between the PAPR and other electrical equipment. This training shall alert the affected employees that the Versaflo TR-800 PAPR is not approved under 30 CFR Part 18 and must be de-energized when methane is detected in concentrations of 1.0 percent or more and shall also include the proper method to de-energize the PAPR. In addition to manufacturer guidelines, MSHA will require that mine employees be trained to inspect the units before use to determine if there is any damage to the units that would negatively impact intrinsic safety as well as all stipulations in this petition.

     
  2. The Versaflo TR-800 PAPR, battery packs and all associated wiring and connections shall 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 shall be removed from service.

     
  3. The operator will maintain a separate logbook for the 3M VersafloTM TR-800 PAPR 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 qualified person as defined in 30 CFR 75.512-1 and the examination results recorded in the logbook. Since float coal 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 “high filter load alarm”. Examination entries may be expunged after one year.

  1. All 3M VersafloTM TR-800 PAPRs to be used within 150 feet of pillar workings or longwall faces, 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. These examinations shall include

 

  1. Check the equipment for any physical damage and the integrity of the case;
  2. Remove the battery and inspect for corrosion;
  3. Inspect the contact points to ensure a secure connection to the battery;
  4. Reinsert the battery and power up and shut down to ensure proper connections; and
  5. Check the battery compartment cover or battery attachment to ensure that it is securely fastened.
  6. For equipment utilizing lithium type cells, ensure that lithium cells and/or packs are not damaged or swelled in size.

 

  1. The operator is to ensure that all Versaflo TR-800 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.

     
  2. The Versaflo TR-800 PAPR units that will be used in within 150 feet of pillar workings or longwall faces 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 that it is in compliance with all the terms and conditions of this Order.

     
  3. Prior to energizing the 3M VersafloTM TR-800 PAPR within 150 feet of pillar workings or longwall faces, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
  1. All hand-held methane detectors shall be MSHA-approved and maintained in permissible and proper operating condition as defined by 30 C.F.R. § 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent.

     
  2. A qualified person as defined in existing 30 C.F.R. § 75.151 shall continuously monitor for methane immediately before and during the use of the 3M VersafloTM TR-800 PAPR within 150 feet of pillar workings or longwall faces or in areas where methane may enter the air current.

     
  3. The 3M VersafloTM TR-800 PAPR shall not 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 PAPR is being used, the equipment shall be de-energized immediately and withdrawn outby the last open crosscut.

     
  4. Before each shift when the 3M VersafloTM TR-800 PAPR is to be used, all batteries for the equipment must be charged sufficiently for the expected usage on that shift. If spare battery packs for the 3M VersafloTM TR-800 PAPR are provided, all battery “change outs” must occur in intake air outby the last open crosscut.

Use only the 3M TR-830 Battery Pack, which meets lithium battery safety standard UL 1642 or IEC 62133.

  1. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:

 

  1. The 3M TR-830 Battery Pack may not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
  2. The 3M TR-830 Battery Pack shall only be charged in areas located outby the last open crosscut in intake air as per 30

C.F.R § 75.340, or in an area free of combustible material, readily monitored and located on the surface of the mine. The 3M TR-830 Battery Pack is to be charged only by a manufacturer’s recommended battery charger, such as the:

  1. 3M Battery Charger Kit TR-641N which includes one 3M Charger Cradle TR-640 and one 3M Power Supply TR-941N, or,
  1. 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.

 

  1. The 3M TR-830 Battery Pack shall not be exposed to water, allowed to get wet or immersed in liquid. This does not preclude incidental exposure of the 3M TR-830 Battery Pack.
  2. The 3M TR-830 Battery Pack shall not be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. The 3M TR-830 Battery Pack must not be placed in direct sunlight or used or stored near a source of heat.
  3. The battery must not be used at the end of its life cycle (e.g., when there is a performance decrease of greater than 20% in battery operated equipment). The battery must be disposed of properly.

 

  1. Follow the manufacturer’s recommendations and instructions. Check and monitor each unit’s run time. Observe and note the run time that a new fully charged battery provides for powering the unit. Record and use this new battery run time as a baseline for determining its service life. Note: The battery run time will vary depending on the product’s configuration and the applications running.
  2. Routinely check the battery’s charge status.
  3. Routinely monitor batteries that are approaching the end of their estimated service life.
  4. Remove battery from service with the following conditions:
    1. The battery run time drops below about 80% of the new battery run time.
    2. The battery charge time increases significantly.
  5. Follow the storage instructions as recommended by the manufacturer. If the instructions were not followed for a battery stored or otherwise unused for an extended period or the battery has no charge remaining, consider it to be damaged. Do not attempt to recharge it or use it. Remove it from service and replace it with a new battery.
  1. Personnel engaged in the use of the 3M VersafloTM TR-800 PAPR 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 Self Contained Self Rescuers (SCSRs) during a mine emergency while wearing the Versaflo TR-800 PAPR. The mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 75.1502.

     
  2. Within 60 days after this Order becomes final, the operator shall submit proposed revisions for its 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 VersafloTM TR-800 PAPR.

     
  3. All personnel who will be involved with or affected by the use of the Versaflo TR-800 PAPR shall receive training in accordance with 30C.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 Versaflo TR-800 PAPR can be used within 150 feet of pillar workings or longwall faces 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.

     
  4. The operator shall provide annual retraining to all personnel who will be involved with or affected by the use of the Versaflo TR-800 PAPR 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.

     
  5. 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.

     
  6. 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, 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 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 15th day of June, 2022, to:

Mr. Kristopher Schaff, Mine Engineer Signal Peak Energy, LLC

100 Portal Drive

Roundup, Montana 59072 kschaff@signalpeakenergy.com

Robert S. Roark

Mine Safety and Health Specialist

cc:        Mr. Robert Smith, Supervisor, Montana Department of Environmental Quality (DEQ), Coal Section | Mining Bureau, P.O. Box 200901, Helena, MT 59620 RSmith2@mt.gov