2/13/23
In the matter of: Petition for Modification
Ramaco Resources, LLC
Berwind Deep
Mine I.D. 46-09533 Docket No. M-2022-005-C
PROPOSED DECISION AND ORDER
On January 19, 2022, a petition was filed seeking a modification of the application of 30
C.F.R. § 75.364(b)(2) to Ramaco Resources, LLC’s Berwind Deep Mine located in McDowell County, West Virginia. The Petitioner filed the petition to permit an alternative method of compliance with the standard with respect to examining the return aircourse in its entirety. 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(b)(2) Weekly Examinations.
(b) 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.
The petitioner is in the process of developing two inter-seam air shafts which will extend from the Pocahontas No. 4 Seam down to the Pocahontas No. 3 Seam. These air shafts will carry the return air course from the upper Pocahontas No. 4 Seam down to the lower Pocahontas No. 3 Seam. The development and commissioning of these air shafts will allow the petitioner to increase the available intake air to the No. 4 Seam by allowing the existing return air course inter-seam slope to be converted to an additional intake air course. In accordance with the regulation as written in 30 C.F.R. § 75.364(b)(2), the return air course would extend down the inter-seam shaft(s) which connects the return entries in the Pocahontas No. 4 seam to the return entries in the Pocahontas No. 3 seam.
To complete the weekly examination of at least one return entry in its entirety, an examination would be required in the inter-seam shaft. To facilitate this examination the operator would need to install ladders or steps for travel by the person conducting the examination. The petitioner alleges that this modification to 30 C.F.R. § 75.364(b)(2) will eliminate the exposure of miners to the hazards of slip, trip or fall while traversing the shaft, and 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). The petitioner also alleges that this will allow an increase in the available intake air within the mine by allowing the existing return air course inter-seam slope to be converted to an additional intake air course.
The petitioner alleges:
1. Ramaco Resources, LLC seeks modification of 30 C.F.R. § 75.364(b)(2), as it pertains to traveling the return air course in its ENTIRETY. That standard provides in relevant part:
In at least one entry of each return air course, in its entirety, so that the entire air course is traveled.
2. To comply with requirements of 30 C.F.R. § 75.364(b)(2) and ensure the safety of the miners, and to increase the air throughout the mine ventilation system, Ramaco Resources, LLC is proposing to install return air shaft(s) that will connect the Pocahontas 4 Seam (mined above) and the Pocahontas 3 Seam (mined below). The air shaft(s) will be approx. 70 feet in length and will connect to the two seams without intermixing with any other mined out areas or air courses.
3. The air shaft(s) described above will afford a safer atmosphere for our employees by increasing the ventilation throughout the mine and will extend the longevity of the mines significantly. However, the application of this standard as written, will increase the risks of hazards to our employees without providing any added protection or safety. The current standard would require miners to traverse a ladder, staircase, or other similar means of travel, for approx. 70 feet (vertically), which creates unnecessary slip, trip and fall hazards that could result in a serious injury; yet the standard offers not significant benefit for this application.
4. The alternative method proposed in the petition will always guarantee no less than, the same measure of protection afforded by 30 C.F.R. § 75.364(b)(2).
The petitioner proposes:
1. The operator will develop a continuous air shaft (approx. 70 vertical feet) from the Pocahontas No. 4 Seam return air course to the Pocahontas No. 3 Seam return air course and no additional mine voids will be connected throughout the development of this shaft.
2. Upon completion of developing the air shaft, to ensure the return entry is examined in its entirety, a certified examiner(s) designated by the operator, will travel the return airway from the section to a location near the top of the air shaft in the Pocahontas No. 4 Seam and take air readings to determine the quantity of air entering the air shaft and will take a gas test with an approved multi-gas detector, to determine the quality of air entering the shaft, in addition to the requirements of 30 C.F.R. Part 75.364(b)(8).
3. The remainder of the return air course examination will be conducted beginning at the bottom of the shaft in the Pocahontas No. 3 Seam and continuing throughout the return air course to the surface and will include air quality readings near the bottom of the shaft.
4. The miners employed by Ramaco Resources, LLC are not represented by a labor organization and this petition will be posted at the mine for employees to review.
On August 25, 2022, MSHA personnel completed an investigation of the petition at Berwind Deep Mine 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 reports this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Ramaco Resources, LLC alleges that traversing the proposed return airshaft from the Pocahontas No. 4 Seam down to the Pocahontas No.3 Seam as a part of the required weekly examination of the return aircourse would unnecessarily expose miners to slip, trip or fall hazards if the examination as required by 30 C.F.R. § 75.364(b)(2) were to remain in place. The Petitioner states that the alternative method provided will at all times guarantee no less than the same measure of protection afforded by the standard.
The Berwind Deep Mine is located in McDowell County, West Virginia. The Berwind Deep Mine currently employees 51 miners and is opened into the Pocahontas No. 4 Seam and within the mine slopes down in the Pocahontas No. 3 Seam. Coal is produced from the Pocahontas No. 3 and Pocahontas No. 4 seams using a continuous mining machine on two (2) mechanized mining units (MMU’s). The mine normally operates 2 production shifts per day, five to six days per week. This mine and all its MMU's are currently in non-producing status. During normal operation this mine operates two production and one maintenance shift, five days each week, with an average production of 3,000 raw tons produced each day. Coal is transported from the underground section to the surface coal handling facility via a series of underground and surface conveyor belts.
The working sections would not be directly affected by this modification. The modification deals with procedures for the required weekly examination of the return aircourse for hazardous conditions and violation of mandatory health or safety standards, and all underground mine personnel would be affected by this modification.
The miners at the Berwind Deep Mine are not represented by a labor union; and do not have a miner’s representative. Before beginning the investigation, a meeting was held with all the interested parties to discuss the scope of the investigation and how the investigation would be conducted. Miners were afforded the opportunity to participate in the meeting but declined to attend.
MSHA has granted modifications of this standard at different mines over the years and these modifications were based upon the particular circumstances surrounding the petitioner’s allegations, and proposal of an alternate method to provide the same level of protection as the standard. Modifications of 30 C.F.R. § 75.364(b)(2) must include appropriate measures to protect miners by ensuring that the 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. This Proposed Decision and Order addresses these concerns as they affect the mine listed in this order.
There are several differences between the petitioner’s proposal and the amended terms and conditions set forth by MSHA. The amended terms set forth the requirements that:
1. Evaluation Points (EPs) established in the approved ventilation plan ensures that air quantity and quality checks are made at the same location during the weekly examination, providing consistency in the examinations.
2. A time frame of four (4) hours for taking the air quantity and quality readings at the top and bottom of the airshaft(s) establishes an effective and reasonable period to determine if hazardous conditions are developing in the airshaft(s).
3. In addition to the requirements of 30 C.F.R. § 50.10, establishes five (5) mine specific parameters that require the operator to immediately notify MSHA should these conditions be found. This will allow the district to quickly respond should unusual hazardous conditions be found at the EPs that would require some action to be taken by the district to protect miners.
4. Requires that a trickle duster be installed in such a manner and ran as needed, but at a minimum of at least 2 hours per day to assure that all areas around and in the shaft(s) are rock dusted in accordance with 30 C.F.R. § 75.400.
5. Requires all entries into the shaft(s) area(s) in the upper and lower seam shall be posted with conspicuous danger signs, barricaded, and guarded to prevent accidental entry into the shaft area and to protect miners from the hazard of falling into the airshaft(s), and the hazard of falling material from the airshaft(s), in order to prevent serious injuries associated with these hazards.
6. The District Manager may require additional provisions to be submitted and included into the Approved Ventilation Plan and the Approved Roof Control Plan and take additional measures to protect miners if unusual hazards are encountered, and the District Manager may require more frequent examinations at the approved EP locations at the top and bottom of the shaft to guarantee no less than the same measure of protection afforded by the standard 30 C.F.R. § 75.364(b)(2) and to protect miners if unusual hazards are encountered.
These Terms and Conditions are included to address any unusual hazards that may be encountered from this air shaft.
7. Requires the Order to be posted at the mine and sets a time frame for revisions required by the Order to be included in the § 48 training plan and a time frame for training miners in the provisions of the Order and the revisions to the approved ventilation plan under §75.370(a)(1). These are common provisions that are found in similar Petition for Modification requests and are required by 30 C.F.R.
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). On the basis of the petition, and the findings of MSHA's investigation, Ramaco Resources, LLC is granted a modification of the application of 30 C.F.R. § 75.364(b)(2) to its mine listed in this order.
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. § 44, a modification of the application of 30 C.F.R. § 75.364(b)(2) at Ramaco Resources, LLC’s Berwind Deep Mine is hereby:
GRANTED, subject to the following terms and conditions:
1. This modification is for establishing evaluation points (EPs) around the return airshaft(s) between the Pocahontas No. 4 Seam return air course to the Pocahontas No. 3 Seam return air course in lieu of traveling one of these airshaft(s) as a part of the weekly examination required under 30 C.F.R. § 75.364(b)(2).
2. The mine operator shall establish EPs at the top and bottom of the airshaft(s) so that the total air quantity and air quality entering and exiting the shaft(s) will be determined during the weekly examination of the return aircourse.
3. The location of these EPs and the minimum air quantities at these EPs shall be specified within the Approved Ventilation Plan and included on a Supplemental Ventilation Plan Map and approved by the District Manager once he has determined that the location of the EPs, the number of EPs, and the minimum air quantities is sufficient to determine the total quantity and quality of air entering and exiting the shaft(s), and guarantee no less than the same measure of protection afforded by the standard 30 C.F.R. § 75.364(b)(2). The approved EPs shall be included on the Annual Ventilation Map thereafter, and the location of the EPs shall not be moved without prior approval from the District Manager.
4. Air quality shall be measured during the weekly examination of the return aircourse at the approved EP locations. The air quality shall be maintained in accordance with all applicable standards under 30 C.F.R., and the weekly examination shall be performed in accordance with all requirements of 30 C.F.R.
§ 75.364 exempting the application of 30 C.F.R. § 75.364(b)(2) as granted by Modification in this Order. All other aspects of the weekly examination in the mine shall be conducted in accordance with the full requirements of 30 C.F.R. § 75.364.
5. The EPs at the top and bottom of the shaft(s) shall be checked as a part of the weekly examination on the same day and within four hours of each other.
6. In addition to the requirements of 30 C.F.R. § 50.10, the operator shall immediately contact MSHA and notify the District Manager should the following conditions be found at the EPs at the top or bottom of the shaft(s):
a. Any change in total air volume of 10% or more between the EPs at the top and bottom of the shaft(s).
b. Any change in airflow direction at an EP that is different established normal direction of airflow.
c. Any air quality reading that is out of compliance with all applicable standards under 30 C.F.R.
d. Any excessive methane concentration reading as designated by § 75.323, or any increase of methane 0.5 percent above the last previous methane reading.
e. Any sudden inflow of water from the shaft(s), or any meaningful change to the volume of water coming from the shaft(s) that impedes travel or ventilation at the EPs or the return aircourse.
7. The conditions for immediate contact of MSHA and the District Manager outlined in parts (a) through (e) in statement 6 shall be included in the proposed revision to the Approved Ventilation Plan.
8. All entries into the shaft(s) area(s) in the upper and lower seam shall be posted with conspicuous danger signs, barricaded, and guarded to prevent accidental entry into the shaft area and to protect miners from falling hazards. Additionally, the District Manager may require additional provisions to be submitted and included into the Approved Ventilation Plan and the Approved Roof Control Plan in accordance with 30 C.F.R. §§ 75.370(a)(1), 75.371, 75.372 and 75.220(a)(1) including taking additional measures to protect persons if unusual hazards are encountered.
9. A trickle duster shall be installed in such a manner and ran as needed, but at a minimum of least 2 hours per day to assure that all areas around and in the shaft(s) are rock dusted in accordance with 30 C.F.R. § 75.400.
10. The District Manager may require more frequent examinations at the approved EP locations at the top and bottom of the shaft to guarantee no less than the same measure of protection afforded by the standard 30 C.F.R. § 75.364(b)(2) and to protect miners if unusual hazards are encountered.
11. A copy of this Order shall be posted and maintained at the mine and made available to miners.
12. Within 30 days after this Order becomes final, the operator shall submit proposed revisions for its approved 30 C.F.R. § 48 training plan to the District Manager. These proposed revisions shall include initial and refresher training on compliance with the terms and conditions stated in the Order. The operator shall provide all affected miners with training on the requirements of this Order prior to implementation.
13. Within 30 days after this Order becomes final, the operator shall submit proposed revisions for its approved Ventilation Plan required under 30 C.F.R §
75.370 for the establishment of EPs in accordance with this order. All underground miners will be trained in this revised plan upon approval by the District Manager and again prior to implementation.
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.
Brian Goepfert
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 13th day of February , 2023, to:
Brad Justice
Vice-President of Safety
Ramaco Resources, LLC
P.O. Box 219
Verner, WV 25650
brad.justice@ramacometc.com
David A. Steffey, P.E.
Mine Safety and Health Specialist Division of Safety
cc: McKennis Browning, Acting Director Office of Miners' Health Safety & Training
#7 Players Club Dr. Suite 2, Charleston WV 25311
McKennis.P.Browning@wv.gov
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