September 14, 1999
In the matter of
TG Soda Ash, Inc.
Wyoming Soda Ash Operations
Petition for Modification
Docket No. M-95-06-M
PROPOSED DECISION AND ORDER
BACKGROUND
On February 23, 1995, a petition was filed by TG Soda Ash, Inc., seeking a modification of the application of 30 CFR § 57.22215 to Petitioner's Wyoming Soda Ash Operations located near Green River, Sweet Water County, Wyoming. The Petitioner alleged that the alternative method outlined in the petition, of allowing controlled recirculation of exhaust air into mining areas, would at all times guarantee no less protection than compliance with the standard.
Standard 57.22215, Separation of intake and return air (I-A, II-A, III, and V-A mines), provides:
Main intake and return air currents shall be coursed through separate mine openings and shall be separated throughout the mine, except -
(a) Where multiple shafts are used for ventilation and a single shaft contains a curtain wall or partition for separation of air currents. Such wall or partition shall be constructed of reinforced concrete or other noncombustible equivalent, and provided with pressure-relief devices.
(d) During development of openings to the surface --
(1) Ventilation tubing approved by MSHA in accordance with 30 CFR part 7 or previously issued a BC or VT acceptance number by the MSHA Approval and Certification Center may be used for separation of main air currents in the same opening. Flexible ventilation tubing shall not exceed 250 feet in length.
(2) Only development related to making a primary ventilation connection may be performed beyond 250 feet of the shaft.
MSHA investigators conducted an investigation relevant to the merits of the petition and filed a report of their findings with the Administrator for Metal and Nonmetal. After a careful review of the entire record, including the petition and investigative report, this Proposed Decision and Order is issued.
FINDING OF FACT AND CONCLUSION OF LAW
(a) The petitioner, Tg Soda Ash, is seeking to modify the requirement of 30 CFR 57.22215, which requires the separation of intake and return air throughout the mine. As an alternative method of compliance Tg Soda Ash proposes:
- To recirculate or direct some return air flow into the intake air course and mix it with fresh air.
- To allow the recirculated return air flow to constitute up to 35 percent of the air flow provided by the working sections.
- To use a carbon monoxide monitoring system for fire detection to supplement the required methane monitoring system.
- Both the carbon monoxide monitoring system and the methane monitoring system would be designed to trigger an alarm at the hoist operator's station.
(b) Mine disasters have historically resulted from multiple system failures. If the monitoring system were to fail during a fire, the recirculation of toxic gasses from the fire in the return airflow could cause the levels of gasses to accumulate in both the return and intake entries of the working sections. Such an occurrence would trap the miners, and could ultimately cause their death.
(c) Investigators concluded that the recirculation fan should be considered only after other methods of improving air flow are implemented to the greatest practical extent. Other methods of increasing the quantity of fresh air at the working sections are available including an additional air shaft or installing a higher capacity fan.
(d) The alternative method of compliance with 30 CFR 57.22215, proposed by the Petitioner Tg Soda Ash would not provide the same level of protection to the miners, as compliance with the mandatory safety standard.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal Mine Safety and Health and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. Section 811(c), it is ordered that modification of the application of 30 CFR § 57.22215 to the Wyoming Soda Ash Operations as it pertains to the controlled recirculation of exhaust air into mining areas is hereby DENIED.
Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 CFR 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 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 mine bulletin board at the mine.
Earnest C. Teaster, Jr.
Administrator for Metal and Nonmetal Mine Safety and Health