Petition Docket No. M-2022-034-C

7/28/2023  
In the matter of    Petition for Modification  
Century Mining, LLC Longview Mine  
I.D. No. 46-09447    Docket No. M-2022-034-C

PROPOSED DECISION AND ORDER

Century Mining, LLC filed a petition seeking modification of the application of 30 Code of Regulations (CFR) § 75.1002(a) to its Longview Mine located near Volga, Barbour County, West Virginia. The referenced petition for modification is dated October 21,  
2022 and MSHA subsequently acknowledged receipt in a letter dated November 9, 2022. 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.) § 75.1002(a) states,

(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.

Petitioner is requesting a modification of the standard to allow the use of the  
unapproved Power Air Purifying Respirator (PAPR) within 150 feet of pillar workings or longwall faces. Specifically, the petitioner is requesting to utilize the CleanSpace EX Powered Respirator. The information below represents the petitioner’s statements as provided in the submitted petition for modification.

The Longview mine is seeking an alternative to the 3M Airstream PAPR to provide miners with respirable protection against coal mine dust. PAPRs provide a constant flow of filtered air, which offers respiratory protection and comfort in hot working environments. 3M has discontinued the Airstream helmet and there are no other MSHA approved PAPRs available.  
The CleanSpace EX Power Unit, manufactured by CleanSpace, is UL certified to the ANSI/UL 60079-11 standard and can be used in hazardous locations because it meets  

the intrinsic safety protection level and is acceptable in other jurisdictions to use in mines with the potential for methane accumulation. The PAPR is not MSHA approved and CleanSpace is not pursuing MSHA approval.  
The CleanSpace EX uses a lithium-ion polymer battery that is neither accessible nor removable. The lithium-ion polymer battery and motor/blower assembly are both contained within the sealed power pack assembly and cannot be removed, reinserted, or fastened. It charges as a complete unit. The CleanSpace EX allows for more comfort and can be easily disassembled and cleaned.  
The product is designed to utilize either a half or full facemask and NIOSH approved filters. The product does not impair vision or communication. The product allows for the miner to simultaneously wear the issued hardhat with a headlamp. The product uses technology placing the filter housing and fan assembly above the shoulders to reduce ergonomic restrictions, freeing the miner from having to wear the fan and filter unit around the waist. There are no hose attachments to the unit, which could create added hazards.  
Procedure:  
1.    Affected mine employees will be trained in the proper use and maintenance of the CleanSpace EX in accordance with the established manufacturers’ guidelines. In addition to the manufacturers’ guidelines, it will be required that mine employees be trained to inspect the unit before each use to determine if there is any damage or defects to the unit that would negatively impact intrinsic safety. This inspection shall include all associated wiring and connections and shall take place prior to the equipment being taken underground.  
2.    If, during the inspection, it is determined that there is damage that may negatively impact the intrinsic safety, the PAPR will be immediately removed from service.  
3.    The CleanSpace EX user shall conduct daily examinations of the filter and replace as needed.  
4.    When fitting a new filter on the CleanSpace EX, the “Blocked Filter Alarm” shall be tested by the user before the PAPR is put back into service.  
5.    The CleanSpace EX units will be charged outby the last open crosscut and will utilize the manufacturer approved charger. CleanSpace EX charging stations that are located underground shall be enclosed in a properly constructed steel box designed for such purpose.  
6.    A qualified person as defined in 30 CFR § 75.151 will monitor for methane as is required by the standard in the affected area of the mine.  
7.    All requirements of 30 CFR § 75.323 will be complied with. The CleanSpace EX shall not be used if methane is detected in concentrations at or above 1.0 percent. When  
1.0 percent or more methane is detected while the CleanSpace EX is being used, the  
equipment shall be de-energized immediately. When 1.5 percent or more methane is detected, the CleanSpace EX shall be withdrawn from the affected area outby the last open crosscut.  

8.    Employees will be trained on how to properly use and take care of the CleanSpace EX according to manufacturers’ guidelines as well as all stipulations as related to this petition. Qualified miners will receive training regarding the information in the Decision and Order before using equipment in the relevant part of the mine. A record of the training will be kept and available upon request. Within 60 days of the Decision and Order becoming finalized, the petitioner will submit proposed  
revisions to 30 CFR 75.370, mine ventilation, to be approved under the 30 CFR § 48 training plan by the Coal Mine Safety and Health District Manager. The revisions will specify initial and refresher training and when the training is conducted. An MSHA Certificate of Training (Form 5000-23) will be completed. Comments will be made on the certificate to note non-permissible testing equipment training.  
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 Longview Mine on January 12, 2023 and January 18, 2023. Three Century Mining, LLC representatives participated in the investigation. The miners at the Longview mine are not represented by a labor union and there are no miner’s representatives. The proposed petition has been posted on the mine bulletin board.

The Longview mine is located at 7004 Buckhannon Road, Volga, Barbour County, West Virginia. The Longview mine will operate and extract coal from the Lower Kittanning and Upper Mercer coal seams. The average mining height will be approximately 6.5 feet. At the Longview portal, the Lower Kittanning coal seam is approximately 880 feet below the surface. The mine is ventilated by a 16-foot diameter blowing fan which is located at the portal site. A 24 -foot combination return and intake divided shaft is used for intake air and personnel access via a 5-ton rated hoist and man cage. Longview utilizes the room and pillar and longwall mining methods to extract coal. They expect to be ready for their first longwall panel in the 4th quarter of 2023. The mine currently employs approximately 160 miners and estimates employment of approximately 375 miners at full capacity. Additional access for personnel and supplies will be by a 125- ton mine hoist system which travel down a 3,500-foot, 15-degree slope. The slope floor will have rail installed for a brake car which personnel can use for ingress and egress from the mine. The slope entry also contains a 72-inch mine conveyor, in the top portion of the slope, which transports coal from the mine level to the surface. The primary equipment to be utilized on the rail will be diesel equipment, including the use of 30-ton Brookville locomotives to transport equipment and supplies. Power is provided to the underground workings by a 69KV substation located on the surface.  

All underground miners at the Longview mine are affected by the petition.

During the investigation, the petitioner provided comments pertaining to the procedures outlined in the submitted petition and previously provided herein as Item 1 through Item 8. The petitioner’s comments regarding the specific items are as follows:

1.    Affected mine employees will be trained in the proper use and maintenance of the CleanSpace EX in accordance with the established manufacturers’ guidelines. In addition to the manufacturers’ guidelines, it will be required that mine employees be trained to inspect the unit before each use to determine if there is any damage or defects to the unit that would negatively impact intrinsic safety. This inspection shall include all  
associated wiring and connections and shall take place prior to the equipment being taken underground.  
Comment: We are buying the units ahead of time for the miners to become familiar with and will begin to train the miners on how to properly inspect the unit.

2.    If, during the inspection, it is determined that there is damage that may negatively impact the intrinsic safety, the PAPR will be immediately removed from service.  
Comment: The miners will be trained to inspect the units on the surface before taking underground. If damage or defects affecting safety are found, the unit will be placed out of service.

3.    The CleanSpace EX user shall conduct daily examinations of the filter and replace as needed.  
Comment: As part of their training, miners will be taught how to recognize when a filter needs to be changed. Extra filters for the units will be kept on site and available.

4.    When fitting a new filter on the CleanSpace EX, the “Blocked Filter Alarm” shall be tested by the user before the PAPR is put back into service.  
Comment: This will be incorporated into the training and be part of the filter replacement process.

5.    The CleanSpace EX units will be charged outby the last open crosscut and will utilize the manufacturer approved charger. CleanSpace EX charging stations that are located underground shall be enclosed in a properly constructed steel box designed for such purpose.  
Comment: Our intent is for the unit to be charged and stored at a surface location where they will be cleaned and inspected. Due to the 12-hour  

production shift length, additional charging may become necessary underground. Charging stations underground shall be enclosed in properly constructed steel boxes, maintained outby the last open crosscut.

6.    A qualified person as defined in 30 CFR § 75.151 will monitor for methane as is required by the standard in the affected area of the mine.  
Comment: As part of our training, miners are taught how to properly use a multi gas detector and the mining machinery such as continuous miners and shearers that are equipped with methane monitors.

7.    All requirements of 30 CFR § 75.323 will be complied with. The CleanSpace EX shall not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more methane is detected while the CleanSpace EX is being used, the equipment shall be de-energized immediately. When 1.5 percent or more methane is detected, the CleanSpace EX shall be withdrawn from the affected area outby the last open crosscut.  
Comment: None provided.

8.    Employees will be trained on how to properly use and take care of the CleanSpace EX according to manufacturers’ guidelines as well as all stipulations as related to this petition. Qualified miners will receive training regarding the information in the Decision and Order before using equipment in the relevant part of the mine. A record of the training will be kept and available upon request. Within 60 days of the Decision and Order becoming finalized, the petitioner will submit proposed revisions to 30 CFR  
§ 75.370, mine ventilation, to be approved under the 30 CFR § 48 training plan by the Coal Mine Safety and Health District Manager. The revisions will specify initial and refresher training and when the training is conducted. An MSHA Certificate of Training (Form 5000-23) will be completed. Comments will be made on the certificate to note non- permissible testing equipment training.  
Comment: None provided.

It is important that the manufacturer’s recommendations including Clean Space EX user instructions be followed. There are several important notices, warnings and special conditions of use. Some of these are: Read all instructions and warnings in these User Instructions before using this device. Keep these user instructions for reference. Misuse may result in sickness or death. The battery shall only be charged in non-hazardous areas. Fit must be confirmed with a quantitative fit test. Visually inspect and do not use the CleanSpace Respirator if there is any damage. Clean the Respirator after every use. The Power Unit contains a battery, sensitive electronics and a motor. The terms and  
conditions provided in this PDO includes following these important guidelines. The petitioner submitted a letter of correspondence dated June 12, 2023 stating that Century Mining, LLC will not charge the CleanSpace EX Powered Respirator in the underground area of the mine.

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

The CleanSpace EX electrical components such as the pump motor or battery can create a potential for electromagnetic interference when in close proximity to other electrical equipment. MSHA investigators traveled underground to the Tailgate #1 continuous mining section to 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.

Discussion

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 investigator first performed baseline functionality tests for all electrical equipment involved in the testing, including the PAPR, by operating them individually away from one another. The investigators then concluded 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. The potential for electromagnetic interference rises as electrical equipment and PAPR operate close together, so distances tested ranged from twelve inches to zero inches.

Conclusion: The investigator did not observe any apparent electromagnetic interference or performance issues between the proposed PAPR and miner-worn or carried battery powered electrical equipment as well as other electrical equipment as listed in Table 1 and Table 2 above. MSHA determined that the CleanSpace EX PAPR can be safely used where permissible equipment is required within 150 feet of pillar workings or longwall faces if the operator follows all manufacturers’ 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, Century Mining, LLC is granted a modification of the application of 30 CFR § 75.1002(a) to its Longview 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 Century Mining, LLC ’s Petition for Modification of the application of 30 CFR §  
75.1002(a) in the Longview Mine is hereby:  
GRANTED, for the operator who may use the CleanSpace EX PAPR within 150 feet of pillar workings or longwall faces, subject to the conditions of this Order:

1.        Follow the manufacturer’s recommendations and instructions. Affected mine employees must be trained in the proper use and maintenance of the CleanSpace EX PAPR in accordance with established manufacturer guidelines. Training shall be in accordance with the guidelines outlined in the CleanSpace EX Health and Safety User Instructions S006-708 Rev 6, 31 March 2021 or equivalent updated version and shall include but not be limited to PAPR fitting, cleaning & disinfecting,  
maintenance and storage for regular and repeated use. 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 identify 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 identify 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 within 150 feet of pillar workings or longwall faces, 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 within 150 feet of pillar workings or longwall faces, shall not be put into service until MSHA has initially inspected the equipment and determined that it complies with all the terms and conditions of this Order.  
7.    Prior to energizing the CleanSpace EX PAPR to be used within 150 feet of pillar workings or longwall faces, methane tests must be made in accordance with 30 CFR  
§ 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 CFR § 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 CFR § 75.151 shall continuously monitor for methane immediately before and during the use of the CleanSpace EX PAPR  
within 150 feet of pillar workings or longwall faces.  
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 within 150 feet of pillar workings or longwall faces, the equipment shall be de-energized immediately and the equipment withdrawn from the pillar workings or longwall faces.  
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 not be charged in the underground area of the mine. Batteries shall only be charged in an area 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 CFR § 48 training plans to the Mine Safety and Health Enforcement District Manager. These proposed revisions shall specify initial and refresher training regarding the CleanSpace EX PAPR safe and effective use including 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 and the certificate shall note this accordingly (non-permissible PAPR testing equipment training, NP-PAPR use, maintenance & testing or NP- PAPR-UMT).  
16.    All personnel who will be involved with or affected using the CleanSpace EX PAPRs shall receive training in accordance with 30 CFR § 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 within 150 feet of pillar  
workings or longwall faces. 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 using the CleanSpace EX PAPRs in accordance with 30 CFR § 48.8. The operator shall train new miners on the requirements of this Order in accordance with 30 CFR § 48.5 and shall train experienced miners on the requirements of this  
Order in accordance with 30 CFR § 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.

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 28th day of  
July 2023, to:  

Mr. Daniel E. Curry Safety Manager Century Mining, LLC 7004 Buckhannon Road  
Volga, West Virginia 26238 dcmrv@centurvminingllc.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