12/9/2022
In the matter of PETITION FOR MODIFICATION
American Consolidated Natural Resources, Inc.
Ohio County Mine (I.D. No. 46-01436)
Marshall County Mine (I.D. No. 46-01437)
Marion County Mine (I.D. No. 46-01433)
Harrison County Mine (I.D. No. 46-01318) Docket No. M-2022-009-C
PROPOSED DECISION AND ORDER
On June 6, 2022, American Consolidated Natural Resources, Inc., filed a petition seeking modification of the application of 30 C.F.R. § 75.507-1(a) to its following mines:
Ohio County Mine (I.D. No. 46-01436) located at 1107 Golden Ridge Road, Dallas, WV 26036 in Marshall County, WV; Marshall County Mine (I.D. No. 46-01437) located at 57 Goshorn Woods Road, Cameron, WV 26033 in Marshall County, WV; Marion County Mine (I.D. No. 46-01433) located at 151 Johnnycake Road, Metz, WV 26585 in Marion County, WV; and Harrison County Mine (I.D. No. 46-01318) located at 464 North Portal Road, Wallace, WV 26448 in Harrison County, WV. 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.
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.507-1(a) states,
(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 Power Air Purifying Respirators (PAPRs) in return air outby the last open crosscut.
Specifically, the petitioner is requesting to utilize the CleanSpace EX Powered Respirator.
The petitioner states that:
1. American Consolidated Natural Resources, Inc. (ANCR) previously used the 3M Airstream helmet to provide miners respirable dust protection on the longwall faces. 3M has discontinued the Airstream helmet and there are no other MSHA approved PAPRs available.
2. The proposed CleanSpace EX Powered Air Purifying Respirator has been determined to be intrinsically safe under IECEx and other countries’ standards which provides the same level of protection. CleanSpace is not pursuing MSHA approval.
3. The equipment shall be examined at least weekly by a qualified person according to 30 C.F.R. § 75.512-2 and the examination results will be recorded weekly and may be expunged after one year.
4. The petitioner will comply with 30 CFR 75.323.
5. A qualified person as defined in 30 C.F.R. § 75.151 will monitor for methane as is required by standard in the affected area of the mine.
6. When not in operation, the batteries for the PAPR will be charged on the surface or underground in intake air and in return air outby the last open crosscut.
7. The following battery charging products will be used: PAF-0066, PAF-1100.
8. Qualified miners will receive training regarding how to safely use, care for, inspect the PAPR, and the Decision and Order before using the equipment in the relevant part of the mine. A record of the training will be kept and made available upon request.
MSHA personnel conducted an investigation relevant to the merits of 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 and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
Findings of Fact and Conclusions of Law
MSHA investigators conducted an investigation of the Marshall County Mine on July 7, 2022. A copy of the petition was posted on the mine bulletin board. The MSHA investigator was accompanied by one ACNR representative and one Miner’s Representative.
The Marshall County Mine is located at 57 Goshorn Woods Road, Cameron, West Virginia in Marshall County, West Virginia. The Marshall County Mine extracts coal from the Pittsburgh #8 coal seam operating 5 continuous miner sections and 2 longwall sections. There are 11 shaft and 2 slope mine openings for the underground mine. The mine employs approximately 840 coal miners and operates 3 shifts per day. The average mining height is 7 feet. The Marshall County Mine reported 12-month coal production of 10,156,346 tons for the previous 4 quarters. The average daily production is 34,677 tons. The mine liberates approximately 11,250,193 cubic feet of methane in a 24-hour period.
MSHA investigators conducted an investigation of the Ohio County Mine on July 13, 2022. A copy of the petition was posted on the mine bulletin board. The MSHA investigator was accompanied by four ACNR representatives and one Miner’s Representative.
The Ohio County Mine is located at 1107 Golden Ridge Road, Dallas, West Virginia in Marshall County, West Virginia. The Ohio County Mine extracts coal from the Pittsburgh #8 coal seam operating 3 continuous miner sections and 1 longwall section. There are 3 portals by which miners enter the underground mine. The mine employs approximately 435 coal miners and operates 3 shifts per day. The average mining height is 7.5 feet and is ventilated by 12 air shafts. Six of which are dual compartment air shafts, plus 3 separate intake air shafts and 3 separate return air shafts. The Ohio County Mine reported 12-month coal production of 5,974,355 tons for the previous 4 quarters. The mine liberates approximately 2,941,068 cubic feet of methane in a 24-hour period.
MSHA investigators conducted an investigation of the Marion County Mine on July 14, 2022. A copy of the petition was posted on the mine bulletin board. The MSHA investigator was accompanied by three ACNR representatives and one Miner’s Representative.
The Marion County Mine is located at 151 Johnny Cake Road, Metz, West Virginia in Marion County, West Virginia. The Marion County Mine extracts coal from the Pittsburgh #8 coal seam operating 3 continuous miner sections and 1 longwall section. There are 8 shaft and 1 slope openings for the underground mine. The mine employs approximately 492 coal miners and operates 3 shifts per day. The average mining height is 7 feet. The Marion County Mine reported 12-month coal production of 6,341,497 tons for the previous 4 quarters. The mine liberates approximately 6,936,135 cubic feet of methane in a 24-hour period.
MSHA investigators conducted an investigation of the Harrison County Mine on July 20, 2022. A copy of the petition was posted on the mine bulletin board. The MSHA investigator was accompanied by four ACNR representatives and two Miner’s Representative.
The Harrison County Mine is located at 464 North Portal Road, Wallace, West Virginia in Harrison County, West Virginia. The Harrison County Mine extracts coal from the Pittsburgh #8 coal seam operating 3 continuous miner sections and 1 longwall section. There are 2 shaft and 1 slope openings for the underground mine. The mine employs approximately 400 coal miners and operates 3 shifts per day. The average mining height is 7.5 feet. The Harrison County Mine reported 12-month coal production of 6,276,672 tons for the previous 4 quarters. The mine liberates approximately 2,151,432 cubic feet of methane in a 24-hour period.
Miners made the following comments during the meetings.
1. It will be a good thing for miners to reduce dust exposure.
2. I will use it instead of the black respirator that I currently use.
3. It appears to be an improvement to the airstream helmet.
4. It will definitely be better than a regular respirator.
5. The only concern would be if they provide enough spare filters for everyone.
6. I think it will be good as long as it is safe to use.
7. I think it sounds like a good option.
Intrinsic Safety
Information regarding the UL listing for the CleanSpace EX PAPR was previously submitted to the MSHA Approval and Certification Center (A&CC). At that time a review was requested for the use of this unapproved PAPR in areas of mines where permissibility is required. A&CC conducted the reviews and concluded that:
1. The CleanSpace EX is certified by TestSafe Australia (TSA) according to the IEC 60079-0:2011 (General Requirements) and IEC 60079-11:2011 (Intrinsic Safety) standards. The certificate, issued to PAFtec Australia Pty Ltd ("PAFtec"), allows PAFtec to mark the device as "Ex ib IIB T4 Gb" and "Ex ia I Ma." Due to legal and regulatory constraints, the TSA certificate is not accepted by MSHA as evidence that the PAPR is approved for use in US mines. The IEC certification marking that applies to mining, Ex ia I Ma, is discussed below:
2. The CleanSpace EX is certified to be used in hazardous locations (“Ex”); meets the most onerous level of intrinsic safety protection (“ia”); the level of protection is acceptable for use in mining locations (“I”), and the Equipment Protection Level appropriate for mining equipment, that has a "very high" level of protection, with sufficient security that it is unlikely to become an ignition source in normal operation, during expected malfunctions or during rare malfunctions, even when left energized in the presence of an outbreak of gas (“Ma”).
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, TSA certification and PAFtec listing material (drawings, certificate and text report) were found to support the conclusion that the CleanSpace EX meet the applicable “two fault” intrinsic safety requirements for mining equipment as found in the ANSI/UL standard.
The CleanSpace EX carries an ingress protection rating of IP66. 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 October 26, 2022, MSHA investigators performed tests to determine if there were any electromagnetic interferences between the CleanSpace EX Powered Respirator and any other electrical equipment or other electrical components worn by the miners at this mine. The investigation was conducted at the Harrison County Mine (MSHA I.D. No. 46-01318) since the environmental conditions, coal seam, and equipment tested was representative of all four mining operations.
Discussion
Investigators traveled underground to the 4W longwall section and the 7N Mains continuous mining section of the Harrison County Coal Mine to test for potential electromagnetic interference issues between non-permissible PAPR and electrical equipment typically worn, carried, or operated by miners.
PAPR electrical components such as the pump motor or battery can create a potential for electromagnetic interference when in close proximity to other electrical equipment. Mining conditions on the sections were as follows: seven-foot mining height, dry, bolts with straps on the roof, and bolts with large square plates on the rib. Mine personnel provided electrical equipment typically used in conjunction with the PAPR’s for testing. The PAPR tested in this investigation was the CleanSpace EX PAPR.
The CleanSpace EX PAPR design features a facemask connected by hoses to a pack that contains the pump motor, filter, and battery, which rests on the back of the neck. The investigators first performed baseline functionality tests for all electrical equipment involved in the testing, including the PAPR, by operating individually away from one another. The investigators then conducted testing by positioning the running PAPR in various orientations and distances from miner-worn or carried battery powered electrical equipment as well as other electrical equipment as identified below in Table 1 and Table 2 respectively. The potential for electromagnetic interference rises as electrical equipment and the PAPR operate close together, so distances tested ranged from twelve inches to zero inches.
|
Equipment Type |
Manufacturer |
Model |
Interference |
|---|---|---|---|
|
Communication |
Kenwood |
NX-303 Radio |
No |
|
Tracking |
AMR |
MN-6215 PAD |
No |
|
Cordless Cap Lamp |
Wisdom |
Wise Lite 2 |
No |
|
CPDM |
Thermo Fisher Scientific |
PDM 3700 |
No |
|
Gas Detector |
MSA |
ALTAIR |
No |
|
Gas Detector |
MSA |
Solaris |
No |
|
Gas Detector |
Drager |
X-am 5000 |
No |
|
Gas Detector |
Industrial Scientific |
IBRID MX 6 |
No |
|
Continuous Miner Remote |
JOY |
Type TX 2 |
No |
|
Equipment Type |
Manufacturer |
Model |
Interference |
|---|---|---|---|
|
Longwall Shearer Remotes |
JOY |
XR1 |
No |
|
Longwall Shield Control Panel |
Caterpillar |
PMC-R |
No |
|
Atmosphere Monitoring System |
Conspec |
2030SP-M |
No |
|
Methane Monitor Display |
CSE |
140LD |
No |
Conclusion: During functionality testing, the investigator did not observe any apparent electromagnetic interference or performance issues between the CleanSpace EX PAPR and the above-listed equipment provided by the mine operator.
Based on the investigations discussed above, MSHA determined that the CleanSpace EX PAPR can be safely used where permissible equipment is required in return air outby the last open crosscut, if the operator follows all of the manufacturer’s recommendations and adheres to the Terms and Conditions of the Proposed Decision and Order.
On the basis of the petition and the findings of MSHA’s investigation, American Consolidated Natural Resources, Inc. is granted a modification of the application of 30 C.F.R. § 75.507-1(a) to its following mines:
Ohio County Mine (I.D. No. 46-01436) Marshall County Mine (I.D. No. 46-01437) Marion County Mine (I.D. No. 46-01433) and; Harrison County Mine (I.D. No. 46-01318)
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 American Consolidated Natural Resources, Inc.’s Petition for Modification of the application of 30 C.F.R. § 75.507-1(a) in the Ohio County Mine, Marshall County Mine, Marion County Mine and Harrison County Mine is hereby:
GRANTED, for the operator who may use the CleanSpace EX PAPR in the return air outby the last open crosscut, 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 CleanSpace EX PAPR in accordance with established manufacturer guidelines. This training shall alert the affected employee that the CleanSpace EX PAPR is not approved under 30 CFR Part 18 and therefore must be de-energized when 1.0 or more percent methane is detected. The training shall also include the proper method to de-energize this 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 CleanSpace EX PAPR, including the power unit assembly and all associated wiring and connections must 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 must be removed from service.
3. The operator will maintain a separate logbook for the CleanSpace EX PAPRs 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
“blocked filter” alarm on the CleanSpace EX PAPR. Examination entries may be expunged after one year.
4. All CleanSpace EX PAPRs to be used in the return air outby the last open crosscut, 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 used according to the original equipment manufacturer’s recommendations and maintained in a safe operating condition. The CleanSpace EX PAPR does not have an accessible/removable battery. The internal battery and motor/blower assembly are both contained within the “power unit” assembly and the battery cannot be removed, reinserted or
fastened. Therefore, examination of the CleanSpace EX PAPR should include any indications of physical damage.
5. The operator is to ensure that all CleanSpace EX PAPR units are serviced according to the manufacturer's recommendations. Dates of service shall be recorded in the equipment's logbook and shall include a description of the work performed.
6. The CleanSpace EX PAPR units, that will be used in the return air outby the last open crosscut, 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.
7. Prior to energizing the CleanSpace EX PAPR in the return air outby the last open crosscut, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
8. 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.
9. 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 CleanSpace EX PAPR in the return air outby the last open crosscut.
10. The CleanSpace EX 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 CleanSpace EX PAPR is being used, the equipment shall be de-energized immediately and the equipment withdrawn outby the last open crosscut.
11. Use only the CleanSpace EX Power Unit, which meets lithium battery safety standard UL 1642 or IEC 62133.
12. Before each shift when the CleanSpace EX PAPR is to be used, all internal batteries within the power unit assembly must be charged sufficiently so that they are not expected to be replaced on that shift.
13. The following maintenance and use conditions shall apply to equipment containing lithium-type batteries:
i. The CleanSpace EX Power Unit may not be disassembled or modified by anyone other than permitted by the manufacturer of the equipment.
ii. The CleanSpace EX internal battery, contained within the power unit assembly, shall only be charged in areas located outby the last open crosscut in intake air per 30 CFR 75.340 or in an area free of combustible material, readily monitored and located on the surface of the mine and only the manufacturer’s recommended battery chargers may be used such as the CleanSpace EX Battery Charger, Product Code PAF-0066.
iii. The CleanSpace EX power unit, which contains the internal battery, shall not be exposed to water, allowed to get wet or immersed in liquid. This does not preclude incidental exposure of the power unit assembly.
iv. The CleanSpace EX PAPR unit, including the internal battery, shall not be used, charged or stored in locations where the manufacturer’s recommended temperature limits are exceeded. The CleanSpace EX PAPR shall not be placed in direct sunlight or used or stored near a source of heat.
v. The CleanSpace EX PAPR, including the internal battery, shall not be used at the end of its life cycle (i.e. when there is a performance decrease of greater than 20% in battery operated equipment). The power unit containing the internal battery must be disposed of properly.
a. 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.
b. Routinely check the battery’s charge status.
c. Routinely monitor batteries that are approaching the end of their estimated service life.
d. 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.
e. 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.
14. Personnel engaged in the use of the CleanSpace EX PAPRs 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 CleanSpace EX PAPR. The mine operator shall submit proposed revisions to update the Mine Emergency Evacuation and Firefighting Program of Instruction under 30 CFR § 75.1502.
15. 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 CleanSpace EX PAPR.
16. All personnel who will be involved with or affected by the use of the CleanSpace EX PAPRs shall receive training in accordance with 30 C.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 CleanSpace EX PAPR can be used in return air outby the last open crosscut. The operator shall keep a record of such training and provide such record to MSHA upon request.
17. The operator shall provide annual retraining to all personnel who will be involved with or affected by the use of the CleanSpace EX PAPRs 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.
18. 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.
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 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 9th day of December, 2022, to:
Miner’s Representatives
Mr. Thomas G. Todd
Corey Lyseski
Corporate Safety Manager
m.coreylyseski@yahoo.com
American Consolidated Natural Resources
Rick Rinehart
46226 National Road
Rir9269@gmail.com
St. Clairsville, Ohio 43950
Bryan Rankin
thomastodd@acnrinc.com
Bsrankin21@gmail.com
Gary Persinger
garypersinger@icloud.com
Robert S. Roark
Mine Safety and Health Specialist
cc: Mr. McKennis Browning, Acting Director, Office of Miners’ Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston, WV 25311 McKennis.P.Browning@wv.gov