In the matter of: Petition for Modification
Marfork Coal Company, LLC
Black Eagle
I.D. No. 46-09550 Docket No. M-2024-053-C
PROPOSED DECISION AND ORDER
On August 30, 2024, a petition was filed seeking a modification of the application of 30 C.F.R. § 75.312(c) to Marfork Coal Company, LLC’s Black Eagle mine located in Raleigh County, West Virginia. The Petitioner requested the modification to allow for testing the automatic fan stopping signal device without shutting down the mine fan and removing the miners at its Black Eagle mine. The Petitioner alleges that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded miners under 30 C.F.R. § 75.312(c) as that provided by the standard, which states:
§ 75.312(c) Main mine fan examinations and records.
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 of § 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 15 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.
On February 13, 2025, MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Chief, Division of Safety. 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
The Black Eagle mine employs approximately 210 persons and operates four continuous miner sections. The mine operates two production shifts per day, six days per week, and one maintenance shift, six days per week. The Black Eagle mine is ventilated by one fan (blowing). The fan is a Jeffrey, model 8HUA117, 1500 hp and 896 rpm. The fan operates at approximately 8.4 inches of water gauge and moves approximately 725,906 cubic feet per minute. This mine liberates 786,159 cubic feet of methane every 24 hours as of January 8, 2025.
The mine fan installation is located around the mountain on a bench approximately 2,000 feet from the mine office. The normal operating noise created by this fan would not be noticeable or easily heard while standing at the mine office. When persons are underground there is a dispatcher in the mine office on duty.
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. A rigid plastic tubing protected by steel conduit extending from the fan ductwork to a DWYER adjustable differential pressure switch and fan pressure recording chart is used to continuously monitor the fan operating pressure. An automatic fan signal is activated when the fan pressure falls below 50% of the normal operating pressure as measured by the DWYER gauge. This alarm is visible and audible in the dispatcher’s office.
b. A PBE model #1610 TA analog scanner monitors the fan. When the fan loses electrical power, the PBE scanner sends a signal to the dispatch office which sounds an alarm. This additional alarm provides a backup in the event the differential pressure switch fails to automatically signal.
In addition, the automatic fan signal device will be tested every seven days by manually operating a valve (Ham-Let valve) near the DWYER pressure switch 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 activation 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.
Every six months, the automatic fan signal device and signal alarm shall be tested by stopping the fan to ensure that the automatic signal device causes the alarm to activate when the fan shuts down.
MSHA investigators observed an agent of the Petitioner testing the fan alarm system by closing the valve and dropping the fan pressure to simulate a loss of 50% of the water gauge. The alarm signal was both visible and audible in the mine office where the dispatcher works and could also be heard outside the mine office when the fan pressure dropped. The alarm system also played a voice message announcing “fan stoppage” across the phone system installed in the mine.
On the basis of the petition and the findings of MSHA’s investigation, Marfork Coal Company, LLC is granted a modification of the application of 30 C.F.R. § 75.312(c) at its Black Eagle 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
Markfork Coal Company, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.312(c) in the Black Eagle mine is hereby:
GRANTED, subject to the following terms and conditions:
1. The main mine fan subject to this PDO shall be provided with a fan alarm signal system consisting of:
a. A rigid plastic tubing protected by steel conduit extending from the fan ductwork to a DWYER adjustable differential pressure switch and fan pressure recording chart is used to continuously monitor the fan operating pressure. An automatic fan signal is activated when the fan pressure falls below 50% of the normal operating pressure as measured by the DWYER gauge. This alarm is visible and audible in the dispatcher’s office.
b. A PBE model #1610 TA analog scanner monitors the fan. When the fan loses electrical power, the PBE scanner sends a signal to the dispatch office which sounds an alarm. This additional alarm provides a backup in the event the adjustable differential pressure switch fails to automatically signal.
2. The automatic fan signal device will be tested every seven days by manually operating a valve (Ham-Let valve) near the DWYER differential pressure switch 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 activation 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.
3. 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.
4. 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.
5. 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 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, 200 Constitution Avenue NW, Suite C3522, Washington, DC 20210.
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 operator on the mine bulletin board at the mine.
Dustan W. Crelly,
Acting 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 day of, 2025, to:
Mitchell Kalos, P.E.
Chief Engineer
Marfork Coal Company, LLC
P.O. Box 457
Whitesville, WV 25209
mkalos@alphametresources.com
Caitlin V. Strong
Mine Safety and Health Specialist
cc: Mr. Frank Foster, Director, Office of Miners’ Safety & Training, #7 Players Club Dr., Suite 2, Charleston, WV 25311; Frank.G.Foster@wv.gov