August 24, 2022
In the matter of PETITION FOR MODIFICATION ICG
Beckley LLC
Beckley Pocahontas Mine
Mine I.D. No. 46- 05252 Docket No. M-2022-006-C
PROPOSED DECISION AND ORDER
On April 7, 2022, ICG Beckley LLC filed a petition seeking modification of the application of 30 C.F.R. § 75.312(c) at its Beckley Pocahontas Mine in Raleigh County, West Virginia. 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.
30 CFR S 75.312 (c) provides:
At least every 31 days, the automatic fan signal device for each main mine fan shall be tested by stopping the fan. Only persons necessary to evaluate the effect of the fan stoppage or restart, or to perform maintenance or repair work that cannot otherwise be made while the fan is operating, shall be permitted underground. Notwithstanding the requirement § 75.311 (b)(3), underground power may remain energized during this test provided no one, including persons identified in 75.311 (b)(1), is underground. If the fan is not restarted within fifteen minutes, underground power shall be deenergized and no one shall enter any underground area of the mine until the fan is restarted and an examination of the mine is conducted as described in 75.360(b) through (e) and the mine has been determined to be safe.
The petitioner proposes an alternate method of testing the automatic fan stoppage signal device without shutting down the fan 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.
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 Enforcement. 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
On April 26, 2022, MSHA investigators conducted an investigation of ICG Beckley LLC’s Beckley Pocahontas Mine.
According to the MSHA investigative report, Beckley Pocahontas mine produces bituminous coal from the Pocahontas No. 3 seam. The mine employs 292 persons. The mine operates four sections utilizing six continuous mining machines and produces an average of 10,000 tons/24 hours. The continuous mining sections operate on two production shifts with one maintenance shift five to six days a week. The mining height averages 96 inches. The mine is ventilated by one mine fan (exhausting) with three openings. The fan is Paul’s Fan Company, model PF-72XDS, 120-inch diameter, 2,500 hp and 900 rpm. This fan operates at approximately 6.0 inches of water gauge and moves approximately 1.0 million cubic feet per minute. This mine liberates 4.9 million cubic feet of methane every 24 hours as of February 10, 2022.
The main mine fan installation along with the back-up fan are located approximately- 175 feet from the mine office and approximately another 50 to 100 feet to the dispatcher's office. The normal operating noise created by this fan is noticeable and can be easily heard while standing in either office. When persons are underground there is a dispatcher in his office 24 hours a day, 7 days per week.
MSHA recognizes the benefits of minimizing the frequency of stopping and starting the main fan. The starting and stopping of the fan has the potential to damage the electrical and mechanical systems of the fan. Any delay of a fan start, after shutdown for testing, beyond 15 minutes could result in a lengthy restarting of the mine operating system, and hazardous methane accumulations underground.
MSHA’s investigation of the petitioner’s alternate method for compliance with 30 CFR 75.312(c) revealed that the automatic signal activation device for detecting stoppage of the mine fan is provided with:
- A rigid plastic tubing protected by steel conduit extending from the fan ductwork to a Photohelic gauge and chart recorder to continuously monitor the fan operating pressure. An automatic fan signal is activated when the fan pressure falls below three inches of water gauge (50% of the normal operating pressure) as measured by the Photohelic gauge . This alarm is visible and audible in the dispatcher’s office.
- A Pyott Boone Belt Boss model #1048 TA monitors the fan. When the fan loses electrical power the Belt Boss sends a signal to the dispatch office which sounds
an alarm. This additional alarm provides a backup in the event the Photohelic gauge or its contacts fail to automatically signal.
In addition, the automatic fan signal device will be tested every 31 days by manually operating a valve near the Photohelic gauge and fan pressure recording chart reducing the pressure on the water gauge to simulate a fan stoppage, causing the activation of the fan signal; and the issuance of the fan signal will be verified by a responsible person.
MSHA investigators observed an agent of the Petitioner open the valve to simulate a fan pressure drop. The main mine fan alarm sounded when the needle on the gauge fell to three inches of water gauge. The demonstration was repeated several times.
ICG Beckley, LLC, is a non-union mine that does have a representative of the miners. The representative of miners was notified of the meeting but did not attend. A copy of the Petition was posted on the mine's bulletin board. The granting of this Petition for Modification would affect all underground miners.
On the basis of the petition and the findings of MSHA’s investigation, ICG Beckley LLC is granted a modification of the application of 30 C.F.R. § 75.312 (c) at its Beckley Pocahontas 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. § 811(c), it is ordered that , ICG Beckley LLC‘s Petition for Modification of the application of 30 C.F.R. § 75.312 (c) in the Beckley Pocahontas Mine is hereby:
GRANTED, for testing the automatic fan stoppage signal device without shutting down the mine fan, without removing the miners from the mine, and conditioned upon compliance with the following terms and conditions.
- The main mine fan subject to this PDO shall be provided with a fan alarm signal system consisting of:
- A rigid plastic tubing protected by steel conduit extending from the fan ductwork to a Photohelic gauge and chart recorder to continuously monitor the fan operating pressure. An automatic fan signal is activated when the fan pressure falls below 50 percent of the normal operating
pressure (which currently equals three inches of water gauge) as measured by the Photohelic gauge . This alarm is visible and audible in the dispatcher’s office.
- A Pyott Boone Belt Boss model #1048 TA monitors the fan. When the fan loses electrical power the Belt Boss sends a signal to the dispatch office which sounds an alarm. This additional alarm provides a backup in the event the Photohelic gauge or its contacts fail to automatically signal .
- The automatic fan signal device will be tested every seven days by manually operating a valve (Ham-Let valve) near the photohelic gauge and fan pressure recording chart reducing the pressure on the water gauge to simulate a fan stoppage, causing the 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. Once this seven-day test of the alternative method has been successfully repeated for four consecutive weeks, the test frequency shall change, to at least every 31 days.
- The 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.
- By the end of the shift on which the test of the automatic fan signal device is completed, person(s) performing the test shall record the result of the test 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.
- 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 District Manager. These proposed revisions shall include initial and refresher training regarding compliance with this PDO. Also, miners who are to perform the test 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 a request for a hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR § 44.14, with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Suite 401, Arlington, Virginia 22202.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, this Proposed Decision and Order will become final.
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 24th day of August, 2022, to:
Mr. Steve Toler, Safety Director ICG Beckley, LLC
PO Box 49
Eccles, WV 25836
D.R. Vickers
Mine Safety and Health Specialist
cc: Eugene White, Director Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311