4/18/25
In The Matter of PETITION FOR MODIFICATION
Grefco Minerals, LLC
Grefco Mine & Mill
I.D. No. 26-00125 Docket No. M-2025-002-M
PROPOSED DECISION AND ORDER
On March 4, 2025, Grefco Minerals, LLC filed a petition seeking a modification of the application of 30 Code of Federal Regulations (C.F.R.). § 56.20001 for its Grefco Mine & Mill (I.D. No. 26-00125), located in Esmeralda County, NV. The Grefco Mine & Mill is a surface diatomaceous earth ("DE") mine and processing facility. Mined DE is processed by Grefco Minerals, LLC to create finished DE products ("the Marketable Products").
One of the commercial applications of the Marketable Products is a filtration agent utilized during the brewing process for beer. The Marketable Products are integrated into a fine mesh screen with other ingredients, thereby creating a "filter-cake." This product is used at the end of the beer brewing process, when the freshly-fermented beer is passed through the filter-cake to remove undesirable contaminants.
The petitioner alleges that the proposed alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
An MSHA investigator conducted an on-site investigation at the mine at issue to determine the merits of the petition and filed a written report of his 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 and recommendations, this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Administrator for Metal and Nonmetal Mine Safety and Health finds that the alternative method proposed by the petitioner, with the conditions listed below, would guarantee no less than the same measure of protection afforded by 30 C.F.R. § 56.20001.
The petitioned standard, 30 C.F.R. § 56.20001, provides:
Intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job.
Grefco Minerals, LLC seeks modification of the first sentence of 30 C.F.R. § 56.20001 such that alcohol slow-fermented from starch bearing an alcohol content of less than 10% alcohol by volume ("ABV"), commonly called "beer", be permitted at the Grefco Mine & Mill. The beer will be used for chemical testing for quality control and research. Specifically, the petitioner asks that they be permitted to:
1. Store containers of beer at the Plant in secure locations, with restricted access.
2. Use beer for purposes of quality control testing, statistical method control testing, and research testing.
3. Store open containers of beer, that may be used during more than one testing event at the mine, in secure locations with restricted access.
On the basis of the petition, the findings of MSHA’s investigations and the recommendations of MSHA, Grefco Minerals, LLC is granted a modification of the application of 30 CFR § 56.20001 at its Grefco Mine & Mill. The consumption of any intoxicating beverages and narcotics (including beer) will be prohibited, and persons under the influence of alcohol or narcotics (including beer) will be prohibited, and persons under the influence of alcohol or narcotics will not be permitted on site.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Safety and Health, 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 a modification of 30 CFR § 56. 20001 to Grefco Minerals, LLC. as it pertains to permitting the use of intoxicating beverages at its laboratory, is hereby:
GRANTED, conditioned upon compliance with the following terms and conditions:
1. Beer used in laboratory (lab) procedures must be ordered by the secondary lab tech, or other responsible designee, from the purchasing coordinator.
2. The purchasing coordinator, or the operator's responsible designee, must arrange for the supply of beer to be purchased and delivered to the appropriate person/department for receipt.
3. When the beer is received, the amount received must be recorded on a log or other equivalent form.
4. Prior to storage, the bottles containing beer must be initialed, or marked in some way with a permanent marker, across the bottles' label. This is to more easily identify the bottles purchased for testing purposes.
5. Beer must be stored in a locked steel cabinet. The key must be kept by the secondary lab tech or other designee(s). A copy of the key to the locked steel cabinet must be kept by the Quality Manager or other responsible person designated by the operator.
6. A record of beer use must be kept on a log or equivalent form. Such record of use must include the following information: amount of beer used, date beer used and initials of the person acquiring the product (beer) for testing purposes.
7. When the testing has been concluded, the remaining degassed beer must be disposed of by being dumped down a sink drain or by other appropriate means.
8. Empty containers of beer must be kept in the locked steel cabinet or designated receptacle until they can be properly disposed of.
9. The names and contact information of key holders will be provided to the Secretary or his/her Authorized Representative immediately upon request.
Any party to this action desiring a hearing on this matter must file, in accordance with 30 CFR Part 44.14, a request for hearing within 30 days after service of the Proposed Decision and Order. This request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 200 Constitution Ave. NW, Suite C3522 Washington, DC 20210.
If a hearing is requested, the request must contain a concise summary of position concerning the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the Proposed Decision and Order. A party other than the petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition. 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, this Proposed Decision and Order will become final and must be posted by the operator on the respective mine’s bulletin board at the mines at issue herein.
Dustan 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 paid, or provided by other electronic means this 18th day of April, 2025, to
Robert Drake
Geologist
Grefco Minerals, LLC
36904 Summit Lake Road
Burney, CA 96013
(530)972-0154
rdrake@dicalite.com
Avichai Bass
General Engineer
cc: Mr. Rod Neils, Chief Administrative Officer
Nevada Mine Safety and Training Section
1886 College Pkwy, Suite 120
Carson City, NV 89706
rneils@dir.nv.gov