12/13/2023
In the matter of Petition for Modification
Tata Chemicals (Soda Ash)
Partners Tata Chemicals Mine
I.D. No. 48-00155 Docket No. M-2022-009-M
PROPOSED DECISION AND ORDER
On March 10, 2022, Tata Chemicals (Soda Ash) Partners filed a petition seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 57.22305 to its Tata Chemicals Mine located in Sweetwater County, Wyoming. A subsequent letter dated March 22, 2022 acknowledged receipt of the referenced petition for modification. The mine is categorized as a Category III gassy mine in accordance with 30 CFR 57.22003(a)(3). 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.) § 57.22305 Approved equipment (III mines) states,
“Equipment used in or beyond the last open crosscut and equipment used in areas where methane may enter the air current, such as pillar recovery workings, longwall faces and shortwall faces, shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36. Equipment shall not be operated in atmospheres containing 1.0 percent or more methane.”
Petitioner is requesting a modification of the standard to allow the use of non- permissible surveying equipment in or beyond the last open crosscut or in areas where methane may enter the air current.
The following information represents only the petitioner’s statements as provided in the submitted petition for modification. Any subsequent decision to grant the petition will contain the actual terms and conditions for compliance.
The electronic instruments listed below would provide the most accurate and safest means to be able to survey in methane containing air.
The petitioner proposed the following list of electronic surveying equipment to be used:
a. Sokkia Electronic Total Station Model SET 3SORX-3
b. Sokkia Electronic Total Station Model SET 3SOR
c. Sokkia Electronic Total Station Model SETS SO RX
d. Sokkia Electronic Total Station Model SET-300
e. Sokkia Intelligent Measurement Total Station Model iM-100
f. Sokkia Intelligent Measurement Total Station Model iM-50
g. Sokkia Compact X-ellence Station CX
h. Sokkia Compact X-ellence Station CX-60
i. Topcon Electronic Total Station Model GTS-225
j. Topcon Electronic Total Station Model GTS-300W
k. Topcon Digital Theodolite Model DT-270L
l. Topcon Digital Theodolite Model DT-209L
m. Topcon Electronic Total Station Model GTS-301D
n. Topcon Electronic Total Station Model GTS-235W
o. Topcon Electronic Total Station Model GM-SO
p. Topcon Electronic Total Station Model GM-100
q. Leica Flexline Total Station Model TS03
r. Leica Flexline Total Station Model TS07
s. Leica Flexline Total Station Model TS10
t. Leica Nova TM60 Monitoring Total Station (IP 65)
u. Leica Nova TS60 Robotic Total Station (IP 65)
TATA's Mine Engineering Dept. has spent time researching available electronic total stations and haven't found any that have the associated MSHA approval. Currently we use a Wild/Leica T16 Theodolite to perform all surveying work in the return and past the last open. According to our surveying equipment supplier these instruments are becoming obsolete.
TATA Chemicals Soda Ash Partners is committed to the health and safety of our employees and are always looking for safer alternatives to do business.
Electronic total stations make it possible to measure distances without entering
an area. A built-in electronic distance meter allows remote measurement by reflecting light off an object, such as the face, with no reflector. The station would eliminate miner travel through areas with poor roof or rib conditions and would allow measurement in unbolted areas. Use of the station would also significantly reduce exposure of poor ground conditions for surveying personnel.
Most of the electronic instruments listed above have an IP 66 rating and the lithium batteries used in the instruments will meet safety standard UL 1642 or IEC 62133.
While using listed instruments it will improve the quality and accuracy of surveys which will improve the safety of the mining operation.
While not in operation, the electronic instruments will be charged outby the last open crosscut utilizing the manufacturer's approved battery charger.
In addition, the mine surveyor will follow manufacture instruction on how to properly inspect the unit to ensure it is in proper working order before using past the last open or where methane may enter the air current.
If 1.0 percent or more methane is detected, the procedures in 30 CFR Part 57.22234 will be followed.
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 Tata Chemicals (Soda Ash) Partners’ Tata Chemicals Mine on June 1, 2022. Tata Chemicals Soda Ash Partners mines trona from its underground operation 20 miles west of Green River Wyoming. Trona is mined using continuous mining machines, during a shift up to five miners are in the immediate vicinity of the continuous miner with a varying number of miners underground at one time. The Tata Chemicals mine liberates 1,358,644 cubic feet of methane gas in a 24-hour period. Therefore, the mine is classified as a Category Ill mine for purposes of applying MSHA's standards for methane in metal and nonmetal mines. The mine is on a 103(i) five-day spot. The mine operates two production shifts per day, 12 hours per shift, 7 days per week, employing 225 miners underground in 2022.
The miners at Tata Chemicals Mine are represented by a labor organization the United Steel Workers of America, local 15320 – USWA.
The miners’ representatives designated at the Tata Chemicals Mine is Mike Hernandez USWA President Local 15320. Mr. Hernandez was present during the investigation of the petition for modification.
Chris Cooley, Senior Safety Professional and Eric Fagley, Mine Engineering Superintendent for Tata Chemicals Mine were present during the investigation of the petition.
All miners interviewed were in favor of the petition. Miners stated, “if gas checks are being conducted while in use and we are following procedures it is a good thing."
The surveyor estimates the time conducting surveys will be reduced significantly as the new equipment is more efficient.
This petition is posted on the mine bulletin board and the granting of this petition would affect all underground miners at this mine.
The petitioner initially submitted a listing of approximately 21 different instrument brands and models of surveying instruments as options for use at this mine. The petitioner may choose to use any surveying equipment contained in the list of 11 total stations and theodolites as outlined in the Consent Order signed by the Assistant Secretary on September 21, 2018 or use any similar low voltage battery operated total stations and theodolites having a minimum IP rating of 66 and utilizing low voltage batteries of 8 volts or less.
On April 18, 2023, the petitioner was given a notice that the statements of fact were not all factually based. Since the instrument listing provided in the petition for modification was broad and many models did not meet the specifications as stated in the petition, the petitioner was asked to select an instrument intended for use at the mine and provide the instrument specifications to verify the IP rating, whether the battery cell met the safety standard UL 1642 or IEC 62133 and battery voltage.
On May 31, 2023, the petitioner provided a response which narrowed the list of 21 surveying instruments to three specific brands and models. On August 17, 2023, the petitioner was contacted by e-mail , explaining that neither of the three choices of instruments met the safety standards such as the IP rating, UL 1642 or IEC 62133, and battery voltage as established in the previous consent orders.
As of December 13, 2023, the requested information has not been provided to MSHA.
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 Tata Chemicals (Soda Ash) Partners’ Petition for Modification of the application of 30
C.F.R. § 57.22305 in the Tata Chemicals Mine is hereby:
DENIED. After several MSHA requests, the petitioner failed to provide the surveying instrument proposed to be used in this mine that meet the safety standards established and accepted in the Consent Orders. The proposed surveying instruments for example did not have an IP rating of 66 or greater, similar low voltage or meet lithium battery safety standard UL1642 or IEC 62133. This information must be specified and the instrument shall be provided for examination during the investigation of the petition for modification.
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.
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 paid, or provided by other electronic means this 14th day of
December , 2023, to:
Mr. Jordan Bird, Mine Surveyor Miner’s Representative
Tata Chemicals (Soda Ash) Partners Mr. Mike Hernandez, USWA President
P. O. Box 551 USWA Local 15320
Green River, Wyoming 82935 580 Westvaco Road
jbird@tatachemicals.com Green River, Wyoming 82935 NACHO 8069@yahoo.com
Robert S. Roark
Mine Safety and Health Specialist
cc: Heather Kroupa, State Inspector of Mines, Dept. of Workforce Services, Office of Inspections and Safety, P.O. Box 1094, Rock Springs, WY 82902 Heather.kroupa@wyo.gov