6/14/24
In the matter of: Petition for Modification
M & D Anthracite
Coal Slope #1
I.D. No. 36-09976 Docket No. M-2022-022-C
PROPOSED DECISION AND ORDER
On September 28, 2022, the operator of the M & D Anthracite Coal Slope #1, mine I.D. No. 36- 09976 filed a Petition for Modification of a mandatory safety standard pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977. The petition was filed seeking a Petition for Modification of the application of 30 CFR §75.1002(a) to Petitioner's Slope #1 located in Schuylkill County, Pennsylvania. The Petitioner alleges that the alternative method outlined in the petition will in no way provide less than the same measure of protection afforded the miners under the existing standard.
30 CFR, Part 75.1002(a) Installation of electric equipment and conductors: permissibility.
(a) Electric equipment must be permissible and maintained in a permissible condition when such equipment is located within 150 feet of pillar workings or longwall faces.
The petitioner requests that 30 CFR Section 75.1002(a) be modified in its application to the above referenced anthracite coal mine topermit the use of non-permissible electric equipment within 150 feet of the pillar line to include drags and battery powered locomotives. This is due in part to the method of mining used in steeply pitching anthracite mines and the alternative evaluation of the mine air quality for methane continuously during operation with one of the gas test results to be recorded in the on-shift examination record. The mine operator also proposes to suspend equipment operation anytime the methane concentration at the equipment location reaches 0.5% methane during operation or when found during a pre-shift examination. No measurable amounts methane has been detected by MSHA or operator nor has any been found to be recorded in the record books for the mine.
MSHA personnel conducted an investigation and filed a report of their findings and recommendations 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, this Proposed Decision and Order is issued.
Findings of Fact and Conclusions of Law
On April 04, 2023, MSHA started the investigation when a meeting was held with all interested parties to discuss the scope of the investigation and how the investigation would be conducted. The following persons attended and/ or participated in the investigation at the M&D Anthracite Coal, Slope #1 underground mine, the mine was in active status at the time of this investigation and employs three (3) miners: two (2) miner's underground, including one (1)- mine foreman, and a surface hoisting engineer. All work is done by hand. There are no mechanized mining machines used in this mine. Miner’s drill and fire off solid and only advance one entry or breast working face 6-feet per day mining approximately 20-tons of coal production per day. The 5000 CFM of required intake air flow is measured just outby the non-permissible equipment with the ventilating air passing over the equipment to ventilate the pillar being mined. Electrical equipment is attended during operation and either power to the unit de-energized at the intersection of the working gangway and intake slope or equipment moved to that area when production ceases, thereby, minimizing any ignition potential from the pillar recovery area. An interview of the mine operator affirmed an awareness and willingness to comply with the proposal. Life expectancy of this mine is approximately 10 years.
The M & D Anthracite Coal mine, which has been active since September 26, 2022, can be described as follows: The Ridge #1 coal vein is being mined. The average coal seam height is four (4)-feet, pitching southward at an average of 35 degrees. The height and pitch of the vein are not consistent. The mine operates one (1)-shift per day, five (5) days per week, with an average production of 10-tons per shift. The Slope # 1 mine is a non-union operation with no miner's representative designated. This petition was discussed with the Mine Operator/Foreman, two underground miners, and the surface hoisting engineer.
The primary intake slope is developed on the south dip of the Buck Mountain vein, pitching on average approximately 35 degrees for approximately 110 feet (first level). The sequence of mining involved the development of the mine through the anthracite coal (Buck Mountain Vein) via primary intake and return slopes, to the first level, where a rock gangway, east of the primary slope, connects the Buck Mountain Vein primary slope to the Ridge #1 Vein.
The operator is currently developing a return rock monkey, west of the primary slope, to connect the Ridge #1 Vein return monkey to the Buck Mountain Vein return slope. The mine will then be developed eastward along the first level Ridge #1 Vein using a primary gangway heading and a return monkey heading, with chutes (connecting crosscuts) developed between these headings, and breasts developed above these same headings.
As the Ridge #1 Vein active (MMU- 0010) gangway heading, chutes, and monkey heading are being advanced eastward, companion breasts (rooms), with connecting crosscuts, will be developed above the monkey heading northward, approximately 200 feet. The Buck Mountain Vein primary intake and return slopes, and Ridge #1 Vein primary gangway heading and return monkey heading will serve as the mine's escapeways.
After the companion breasts are developed to their 200-foot limit, the pillar blocks will bepillared from the upper mostpillar block southward towards the monkey heading. This method will provide two escapeways and prevent the miners from being exposed to gob air while conducting the pillaring operations. The use of drags on less than moderate pitching veins (less than 20 degrees pitch) is the only practical system of mining. Permissible electric drags are not commercially available, and due in part to their small size, permissible locomotives are not commercially available either. As a result of low daily production rates and full timbering support, in-rushes of methane due to massive pillar falls are unlikely to occur.
Recovery of the pillars above the 1st miner heading is usually accomplished on the advance within 150 feet of the section intake (gangway) and the remaining minable pillars recovered from the deepest point of penetration outby.
A Gardner Denver pneumatic powered drag may be used to develop the monkey heading (entry) by dragging the coal from the heading's working face into the chute (crosscut) where it is gravity loaded into a gangway one ton capacity mine car. This one-ton capacity mine car is moved on rail by a 48 VDC non-permissible battery powered locomotive from the active workings to the main haulage slope in intake air. The contents of the gangway mine car are dumped into the primary slope gunboat (a self-dumping steel box sliding on wooden track used for raising coal in slopes) and hoisted to the surface.
The Mancha battery powered locomotive (Type M-9, Mark# 730269, AMP 97, VOLT 48, Speed 1050, SN MG-2682) is 31 inches wide by 79 inches long, has a road gauge of 30 inches, and is powered by a 4 hp motor. One 48-volt battery will be used to energize the 4 hp motor. A 480 VAC (battery charger) will be available for use at the entrance to the 1st level gangway.
The mine bulletin board was examined, and the proposed Petition for Modification was posted. Interviews with three (3) of a total of three (3) miners, including one (1) supervisor, indicate the provisions of the proposed petition have been explained to them and they have no objections to the proposed modifications.
The investigation verified the conditions alleged by the Petitioner. Additionally, the investigation did not discover any information that would dispute the Petitioner’s allegation that the proposed system will provide no less than the same measure of protection afforded by the standard.
On the basis of the petition and the findings of MSHA's investigation, M & D Anthracite Coal is granted a modification of the application of 30 CFR § 75.1002(a) at its Slope #1 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 Slope #1 Mine’s Petition for Modification of the application of 30 CFR § 75.1002(a) at the Slope #1 Mine is hereby:
GRANTED, topermit the use of non-permissible electric equipment within 150 feet of the pillar line to include drags and battery powered locomotives. Conditioned upon compliance with the following terms and conditions:
1) At no time shall the non-permissible battery-powered locomotives, non-permissible and associated non-permissible electric components be taken inby the last open crosscut or inby any open chute. Open chutes are openings that are absent of any ventilation control devices that provide separation of intake and return air courses.
2) Non-permissible battery-powered locomotives, non-permissible and associated non- permissible electric components that is to be used during each shift shall be visually examined by the equipment operator before being placed in operation. Equipment defects affecting safety shall be reported promptly to the mine operator and repaired before use. Hazards or safety defects affecting safety found will be recorded.
3) The non-permissible electric drags and associated non-permissible electric components shall be located and operated in the working section’s only intake air (gangway), which is traveled and examined by requirements of 30 CFR §75.360 and 30 CFR §75.362 as required.
4) Pillar retreat mining using non-permissible electric drags and associated non-permissible electric components shall conclude at the first miner heading above the monkey heading or at least 20 feet above the monkey heading.
5) At least 5,000 cubic feet per minute of intake air shall be maintained passing the non-permissible equipment and shall be measured immediately outby the non- permissible equipment.
6) The electrical equipment will be attended during operation, when not attended the drag will be de-energized, at the nearest disconnect and the battery motor will be moved outby 150 feet of pillar workings.
7) When more than one active line of pillar breast recovery exists, the locomotive may travel to a point just outby the deepest active chute/breast (room) workings or last open crosscut in a developing set of entries.
8) On-shift test for methane shall be taken in the intake entry where the equipment will be used immediately prior to using the non-permissible battery powered locomotives and non-permissible electric drags to within 150 feet from pillar workings (development or recovery).
9) The air currents ventilating the non- permissible battery-powered locomotives or non- permissible electric drags shall be monitored continuously for methane. The non- permissible battery-powered locomotives or non-permissible electric drags and associated non-permissible electric components shall not be energized or operated anytime 0.5% or more methane is present.
10) Results of the methane tests conducted during the on-shift examinations as required by 30 CFR 75.360 and 75.362 shall be made in a secure book or in a computer system that is not susceptible to alternation. Records shall be retained at the mine for at least one year and shall be made available for review by the Secretary or an authorized representative.
11) The methane detector utilized for continuous monitoring of methane will be set on 0.25% percent to provide an alert and warning, this includes but is not limited to an audible and visual alarm. If at any time during operation the percentage of methane reaches 1.0% sections of 30 CFR §75.323((b)(1), (i), (ii), (iii) and 30 CFR§75.323(b)(2)(i), (ii), shall be complied with as applicable.
12) The last open crosscut will be determined to be the next open crosscut inby the last permanent stopping on the gangway.
13) The non-permissible battery powered locomotive will always be attended during operation, and a certified foreman will always be on the section with an approved handheld multi-gas detector to monitor the gangway track haulage atmosphere while the locomotive is in operation.
14) The associated non-permissible electric components shall be:
a. Attended while energized; and
b. The drag will be de-energized upon completion of coal production activities during each shift, and the battery powered motor moved outby the pillar line 150-feet or more.
15) Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for their approved 30 CFR § Part 48 training plan to the Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding compliance with the conditions stated in this Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR § 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 Petitioner 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 14th day of June 2024, to:
Alfred J. Brown
71 Hill Road
Hegins, PA 17938
mndcoalbrothers@yahoo.com
Vernus W. Sturgill
Mine Safety and Health Safety Specialist
cc: Mr. Richard A. Wagner, P.E., Director, Bureau of Mine Safety PA Dept. of Environmental Protection, P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672 rwagner@pa.gov