9/3/26
In the matter of PETITION FOR MODIFICATION
Stillwater Mining Company
Stillwater Mine
Mine I.D. No. 24-01490 Docket No. M-2026-001-M
PROPOSED DECISION AND ORDER
On May 12, 2026, Stillwater Mining Company filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 57.11052(d) at its Stillwater Mine located in Stillwater County, Montana. 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 § 57.11052(d)– Refuge areas, states, in relevant part,
Refuge areas shall be –
(d) provided with compressed air lines, waterlines, suitable handtools, and stopping materials.
The petitioner is requesting a modification of the standard to allow the use of sealed
bottled water in lieu of waterlines for supplying potable water.
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 Stillwater Mine on July 27 through 30, 2026. The investigation included an item-by-item review of the proposed petition and an onsite mine visit. During the onsite visit, the MSHA investigators 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.
The miners at Stillwater Mine are represented by a Representative of Miners. MSHA interviewed the Representative of Miners regarding the PFM, in addition to miners and management personnel. No negative comments were provided by any of the parties interviewed during the investigation. Those interviewed indicated support for removing the potable water line from the refuge chambers and relying on stored bottled water.
Stillwater Mine is an underground platinum group metal mining operation. The mine operates 24 hours per day, 7 days per week, utilizing 11.5-hour rotating shifts to support continuous mining and maintenance operations. The mine’s current employment is approximately 350 underground miners. The granting of this petition would affect all underground miners at the mine.
As part of a reduction in mining fronts in 2024, the western portion of the mine was placed into care and maintenance. Electrical infrastructure was removed from several inactive areas, while areas that remain accessible continue to be inspected weekly to ensure applicable safety standards are maintained. This petition request applies only to two steel-constructed cylindrical refuge chambers located on the 5300 West and 5000 West levels, which remain open solely as designated travel ways for inspection and maintenance of primary ventilation equipment. A compliant, laddered escapeway connects the two levels. Fewer than five individuals typically access this area during a normal week.
Waterlines serving this portion of the mine originate from a water reservoir located in an area that has been placed into care and maintenance. Reestablishing mine water service would require restoring electrical infrastructure to operate mine water pumps and removing existing barricades protecting inactive areas. The operator has stated that eliminating the potable waterline requirement for these two chambers reduces overall risk while continuing to provide a reliable emergency drinking water supply through sealed potable water stored inside each chamber.
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 investigation found that each of the two refuge chambers is designed to accommodate eight people for a maximum duration of 96 hours. The refuge chambers were designed and fabricated by DEA Incorporated, a manufacturer of underground refuge chambers for the hard-rock mining industry, during the early 2000’s. Potable water is supplied by four sealed 5-gallon containers of commercially packaged drinking water, providing an emergency drinking water supply independent of the mine water distribution system.
Based on MSHA’s expectation of 2.25 quarts of water per person per day for other Petitioners for similar Petition for Modification requests, an eight-person refuge chamber rated for 96 hours shall contain a minimum of 72 quarts of water. The refuge chambers at Stillwater Mine contain a total of 20 gallons, or 80 quarts, of water per refuge chamber, exceeding MSHA’s expectation.
The operator is not requesting modification to the compressed airline requirement, all compressed air connections will remain installed and maintained in accordance with § 57.11052(d). The investigation found that all other components of the refuge chambers are in compliance with all other requirements in 30 CFR § 57.11052.
Conclusion
Based on the investigation discussed above, MSHA determined that sealed bottled potable water shall be an acceptable substitute for providing potable water in water lines 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, Stillwater Mining Company is granted a modification of the application of 30 C.F.R. § 57.11052(d) at its Stillwater 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 Stillwater Mining Company’s Petition for Modification of the application of 30 C.F.R. § § 57.11052(d) in Stillwater Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
Terms and Conditions
1. This Order shall apply to the existing refuge chambers, to relocated refuge chambers, to future refuge chambers, and to all entrapment chambers intended to be used as refuge chambers.
2. Refuge chambers shall accommodate the maximum number of persons that can be expected to be working in each area of the mine at any time.
3. Each refuge chamber shall be supplied with water sufficient for the maximum designated occupancy, for at least 4 days (96 hours).
4. Potable Water Supply:
a. Drinking water shall be provided via commercially purchased purified water in individually portioned packaged pouches.
b. Sufficient water shall be provided in each refuge area to provide 2.25 quarts of water per person per day, for at least 4 days (96 hours).
c. Water shall be stored in a manner that makes the expiration dates readily visible for inspection.
d. Water shall be replaced according to the manufacturer’s specified expiration dates. If the expiration dates are not legible, or if they become illegible, the water shall be replaced by the end of the next working shift.
e. A supply of packaged disposable drinking cups (at least five cups per person) shall be maintained in the refuge chamber.
f. The condition and quantity of stored water shall be confirmed by inspection on at least a monthly basis, and the inspections shall be documented. This documentation shall be made available for review upon request by an Authorized Representative of the Secretary of Labor.
g. Written instructions for conservation of water shall be provided in the refuge chamber.
5. Life sustaining breathable air shall be provided to each refuge chamber using air via compressed air lines.
6. Tools and any repair materials for all refuge components (structure, air delivery system, door seals, etc.) including instructions shall be kept in each unit. This includes extra flow valves, wrenches, emergency sealing tape or adhesive patches, and duct tape.
7. Workplace Examinations performed in the area where the refuge chamber is located shall include a visual examination of the unit’s exterior for damage and tampering.
8. Training:
a. Applicable revisions or appropriate changes to the mine’s 30 C.F.R. Part 48 training plan regarding the conditions in this Order shall be submitted to the MSHA District Manager for revision and approval prior to the implementation of the training plan by the Petitioner.
b. Training on the proper use of the refuge chamber will be provided, at least once every six months, to those miners who might possibly transport or use them. Training must include all aspects of the use of the specific units employed at the mine.
9. The mine shall comply with all other requirements of 30 C.F.R. § 57.11052 – Refuge areas.
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
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 3rd day of September, 2026, to:
NikKayla Simon
Senior Safety Manager
Stillwater Mining Company
PO Box 1330
Columbus, Montana 59019
NikKayla.Simon@sibanyestillwater.com
Alexander Bullinger
General Engineer