April 6, 2026
In the matter of PETITION FOR MODIFICATION
Greenbrier Smokeless Coal Mining LLC
Mountaineer Pocahontas No. 1 Mine
Mine I.D. No. 46-09172 Docket No. M-2025-057-C
PROPOSED DECISION AND ORDER
On September 30, 2025, Greenbrier Smokeless Coal Mining LLC filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.312(c) at its Mountaineer Pocahontas No. 1 Mine located in Greenbrier County, West Virginia. 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 C.F.R. § 75.312(c) states, in relevant part,
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.
The petitioner is requesting a modification of the standard to allow for testing the automatic fan stopping signal device without shutting down the mine fan and removing the miners from underground.
MSHA personnel investigated the merits 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, the Administrator issues this Proposed Decision and Order.
Findings of Fact and Conclusions of Law
MSHA investigated pertinent details of the Mountaineer Pocahontas No. 1 Mine on February 24, 2026. The investigation included an item-by-item review of the proposed petition and an onsite mine visit. During the onsite visit, the MSHA investigator verified that the proposed Petition for Modification (PFM) was posted on the mine’s bulletin board and explained the PFM process and all stipulations to the miners and supervisors.
There was no Representative of Miners at the mine; however, MSHA interviewed multiple miners regarding the PFM. No negative comments were provided by any of the miners interviewed during the investigation, and all believed the proposed modification was safe.
The Mountaineer Pocahontas No. 1 Mine extracts coal from the Pocahontas 6 coal seam by the room and pillar method of mining. The mine operates one continuous miner section, producing coal 7 days per week. The mine is ventilated by one mine fan. The fan is a Joy model 496-580 fan operating at 1190 horsepower and 1200 revolutions per minute. The fan operates at approximately 7.2 inches of water gauge and moves approximately 542,000 cubic feet of air per minute. The mine liberates 0 cubic feet of methane every 24 hours as of January 2026. The current practice is to stop the fan every 31 days to check the fan signal device, in accordance with 30 C.F.R. § 75.312(c).
In support of the petition, Greenbrier Smokeless Coal Mining LLC states that the Mountaineer Pocahontas No. 1 Mine is a large mine that does not liberate methane. The mine has many sealed areas and does not have a backup fan. There are personnel in the mine 24 hours per day, 7 days per week, making it impracticable to schedule a time when the fan signal device can be checked without miners underground.
The petitioner proposes an alternative method for testing the automatic fan signal device which will include a Simulated Signal Test and a Full Shutdown Test. The Simulated Signal Test would occur every 31 days and a certified person will manually create a pressure drop in the monitoring system, without stopping the fan, to check if the signal device activates. The fan’s electrical and mechanical systems will also be checked. The petitioner states that the alarms are installed at a staffed location and the system is designed in such a way that any test failure triggers the same alarm as a fan stoppage. The Full Shutdown Test would occur every 6 months with the fan being stopped, adhering to the full requirements of 30 C.F.R. § 75.312(c).
The fan installation is located around the mountain on a bench, approximately 4,000 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 miners are underground there is a dispatcher on duty located in the office.
The main mine fan is provided with a fan alarm signal system consisting of rigid plastic tubing, extending from the fan ductwork to a DWYER adjustable differential pressure switch and chart recorder 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, which current equals 3.6 inches of water gauge, as measured by the pressure switch. This alarm is visible in the dispatcher’s office.
MSHA investigators observed an agent of the Petitioner testing the fan alarm system. The fan alarm system was tested by removing the tube from the pressure switch and dropping the fan pressure. The petitioner has installed a DWYER adjustable differential pressure switch. The alarm signal was both visible and audible in the main office where the dispatcher works and could also be heard outside the mine office when the mine fan pressure dropped. The alarm speaker is located on the wall.
The petitioner alleges that the alternative method proposed in the submitted petition will, at all times, guarantee no less than the same measure of protection afforded by the standard. The granting of this petition would affect all miners at the mine.
Conclusion
Based on the investigation discussed above, MSHA determined that the modification of the standard to allow for testing the automatic fan stopping signal device without shutting down the mine fan and removing the miners from underground guarantees no less than the same measure of protection afforded by the standard, if the operator follows all of the manufacturer’s recommendations and adheres to the Terms and Conditions of the Proposed Decision and Order.
On the basis of the petition and MSHA’s investigation findings, and the foregoing reasons, Greenbrier Smokeless Coal Mining LLC is granted a modification of the application of 30 C.F.R. § 75.312(c) at its Mountaineer Pocahontas No. 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 Greenbrier Smokeless Coal Mining LLC’s Petition for Modification of the application of 30 C.F.R. § 75.312(c) in the Mountaineer Pocahontas No. 1 Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
Terms and Conditions
1. The 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 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 must remain visible and audible in the dispatcher’s office.
b. An analog scanner to monitor the fan. When the fan loses power, the scanner must send 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 7 days by manually operating a valve reducing the pressure on the water gauge to simulate a fan stoppage, causing activation of the fan signal. The activation of the fan alarm will be verified by a person responsible at the location where the person responsible is always on duty when anyone is underground. Once this 7-day test has been successfully repeated for four consecutive weeks, the test frequency shall change to at least once every 31 days.
3. The automatic fan signal device and signal alarm shall be tested every 6 months by stopping the fan, in full accordance with 30 C.F.R. § 75.312(c).
4. By the end of the shift on which the test of the automatic fan signal device is completed, the 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 miners.
5. Within 60 days of this PDO being granted, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 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 perform the test under this PDO must be specifically trained on the proper method of testing upon their initial assignment to these responsibilities and at least annually thereafter.
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, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
Any hearing request must contain a concise summary of position on the issues of fact or law 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 on 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 of this Proposed Decision and Order, the Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Timothy R. Watkins
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 6th day of April, 2026, to:
Matthew R. Peyatt
Corporate Safety Director
Greenbrier Smokeless Coal Mining, LLC
4547 Anjean Road
Rupert, WV 25984
mpeyatt@greenbriercoal.com
Alexander Bullinger
General Engineer
cc: Frank Foster, Director
Office of Miners' Health Safety & Training
#7 Players Club Dr. Suite 2, Charleston WV 25311
Frank.G.Foster@wv.gov