Petition - Docket No. M-97-096-C

In the matter of            Petition for Modification

Peabody Coal Company

Camp No. 1 Mine

I.D. No. 15-02709            Docket No. M-97-096-C

PROPOSED DECISION AND ORDER

On August 11, 1997, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(4) to Petitioner's Camp No. 1 Mine, located in Union County, Kentucky. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.

Petitioner's proposed alternative method is to replace weekly examination of the inaccessible 2nd. Panel West mine seals with weekly examinations at two monitoring stations and installing continuous atmospheric monitoring sensors at these locations. 

MSHA's investigation of the petitioned area found that the proposed alternative method would monitor air which could be drastically diluted by return air which had not passed in front of the inaccessible mine seals and, therefore, would not be representative of the air ventilating the inaccessible seals. MSHA concluded that changes to the permanent ventilation controls (making one stopping a regulator and installing three additional stoppings) were required for the proposed monitoring of air quality and quantity to provide a meaningful alternative to visually examining the seals and taking gas checks at each seal. However, making the required ventilation changes will create an identifiable and separate return air split through which roof falls preclude safe travel by persons conducting examinations. Therefore, this petition is being treated as a request for modification of 30 CFR 75.364(b)(2 and 4) and (c)(3).

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition, the petition amendment and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

Application of 30 CFR 75.364(b)(2 and 4) and (c)(3) to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.

MSHA has determined that travel to examine individual mine seals is a diminution of safety for the mine examiners and that the rehabilitation of the area would be hazardous to miners performing such work. Weekly examinations at the proposed monitoring stations with the additional ventilation controls as located by MSHA are representative of the air flow ventilating the inaccessible mine seals. The monitoring of air entering and leaving the inaccessible return aircourse entry, and the use of continuous monitoring of the mine atmosphere ensures an adequate evaluation of the condition of the inaccessible mine seals. The alternative method as amended by MSHA will also detect further reductions in air flow due to roof falls and out-gassing from the mine seals due to barometric fluctuations or seal deterioration or failure. 

On the basis of the petition and the findings of MSHA's investigation, Peabody Coal Company is granted a modification of the application of 30 CFR 75.364(b)(2 and 4) and (c)(3) to its Camp No. 1 Mine.
 

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Peabody Coal Company's Petition for Modification of the application of 30 CFR 75.364(b)(2 and 4) and (c)(3) in the Camp No. 1 Mine is hereby: 

GRANTED, for continuous monitoring using intrinsically safe sensors installed as part of the mine's AMS and weekly evaluation of air entering and leaving the 430 feet of return aircourse which ventilates the inaccessible 2nd. Panel West mine seals and an inaccessible portion of the 1st. SUBMAIN NORTH return aircourse, conditioned upon compliance with the following terms and conditions:

1.                  Four monitoring stations that allow evaluation of the aircourse ventilating inaccessible mine seals shall be established at the following locations:

a.                   One monitoring station where air enters the inaccessible area, in the No. 1 entry of 1st. SUBMAIN NORTH across from and between belt entry route markers 42+10 and 41+40 (at the location identified by Petitioner as monitoring station 8). AMS sensors to monitor methane and oxygen concentrations are required to be used at this monitoring station.

b.                  One monitoring station where air leaves the inaccessible area, in the crosscut between entries nos. 1 and 2 of 1st. SUBMAIN NORTH even with belt entry route marker 37+20 (at the location identified by the petitioner as monitoring station 7). AMS sensors to monitor methane and oxygen concentrations are required to be used at this monitoring station.

c.                   One monitoring station at or immediately down wind of where air passes through the regulator located as described in paragraph 2(c) to manually monitor the quantity and quality of air entering the adjacent return air split. 

d.                  One monitoring station in entry no. 2 of 1st. SUBMAIN NORTH across from and between belt entry route markers 37+20 and 36+50 to manually monitor the air quality and quantity of the majority of the recombined return air splits. 

e.                   Where AMS sensors are required, they shall be located such that the air flowing over the sensor is representative of the air flowing through the inaccessible common intake entries.

2.                  An identifiable return air split, representative of the air ventilating the inaccessible mine seals, shall be created in the 1st. SUBMAIN NORTH by:

a. constructing a permanent ventilation control (concrete block stopping) in the crosscut between entries nos. 2 and 3 of 1st. SUBMAIN NORTH even with belt entry route marker 42+10;

b. constructing a permanent ventilation control (concrete block stopping) in the crosscut between entries nos. 1 and 2 of 1st SUBMAIN NORTH even with belt entry route marker 41+40;

c. converting the permanent stopping in the crosscut between entries nos. 2 and 3 of 1st. SUBMAIN NORTH, which is even with belt entry route marker 41+40, to a regulator. The regulator opening shall be large enough for the examiner traveling the 1st. SUBMAIN NORTH return aircourse to safely travel through, or a mandoor shall be provided in the structure;

d. constructing a permanent stopping in entry no. 2 of 1st. SUBMAIN NORTH between belt entry route markers 40+70 and 41+40; and,

e. controlling the volume of return air splitting at the regulator in paragraph 3(c) such that at least 5,000 cfm of air crosses the monitoring station down wind of the 2nd. Panel West monitoring station.

3.               A certified person shall: 

a.  Examine for hazardous conditions at the monitoring stations. The examination shall be conducted at least every 7 days and include:

(1)  examining for hazards on the approaches to and at the four monitoring stations;

(2)  visually examining the AMS sensors;

(3)  evaluating and measuring the quality and quantity of air entering or leaving the monitoring station. Air quality measurements shall determine the methane and oxygen concentrations using an MSHA approved hand-held device. Air quantity measurements shall be made using an appropriately calibrated anemometer. Methane gas or other harmful, noxious or poisonous gases shall not be permitted to accumulate in excess of legal limits for a return aircourse. An increase of 0.5 percent methane above the last previous reading or a 10 percent change in the air flow quantity at any monitoring station shall cause an immediate investigation of the affected area.

(4) determining if the air being continuously monitored is representative of the air moving through the common return aircourse entries by comparing the petitioned aircourse measurements to previous measurements and to air quality and quantity measurements for the adjacent, parallel return entry. Reduced air flow in the petitioned aircourse and increased airflow in the adjacent aircourse indicates whether additional roof falls or further roof deterioration is choking off airflow in front of the inaccessible 2nd. Panel West mine seals; and,

(5) examining for hazardous conditions at the accessible No. 1 and No. 7 2nd. Panel West mine seals in accordance with the unmodified requirements of 30 CFR 75.364(b)(4). Any observed deterioration or damage of the accessible seals shall be regarded as being indicative of the condition of the inaccessible seals. 

b.  Determine, from the AMS surface location readouts, the oxygen and methane concentrations from the sensors located at the monitoring stations. This determination shall be made daily, within 3 hours preceding the first operating shift, and before anyone on that shift, including certified persons, enters the petitioned area or any underground area ventilated by the air that has ventilated the inaccessible common return entries of 1st. SUBMAIN NORTH and the inaccessible 2nd. Panel West mine seals.

c.  Record the results of each weekly examination and each daily determination of the air quality required by Paragraphs 3(a) and (b) in a separate book on the surface which shall be made available to all interested parties. The certification, record keeping, and retention period requirements of 30 CFR 75.364(g), (h), and (i) shall be met. 

1. The date, initials of examiners, time, and results of the weekly examinations shall be recorded in a book or on a date board, that shall be provided at the monitoring stations.
2. An atmospheric monitoring system (AMS) meeting the minimum requirements of 30 CFR 75.351 shall be used to continuously monitor methane and oxygen concentrations. Sensor signals for each the monitored gases shall activate alarms at the surface location and any affected working sections and any other affected permanent underground locations where miners are scheduled to work or travel. Oxygen and methane sensors shall be tested and calibrated in accordance with 30 CFR 75.351(f) and the manufacturers' instructions. Manufacturers' information concerning the calibration and accuracy of the sensors used shall be submitted to the District Manager as a part of the mine ventilation plan.

6.      The AMS monitoring sensors for methane and oxygen shall be capable of providing both visual and audible signals.

a.  A visual or audible alert signal shall be activated at the following initial levels:

Oxygen 19.9%
Methane 0.5%

b.  An audible and visual alarm signal shall be activated at the following initial levels:

Oxygen 19.5%
Methane 1.5%

c.  In lieu of the above alert and alarm levels, the District Manager is authorized to require lower alert and alarm levels.

1. The mine evacuation plan required by 30 CFR 75.1101-23(a) shall be revised to specify the action to be taken to determine the cause of the alert and alarm signals, the location(s) for withdrawal of miners for each alarm signal, the steps to be taken after the cause of an alert signal is determined, and the procedures to be followed if an alarm signal is activated. Such revisions shall be approved by the District Manager. The determination as to the appropriate response to alert and alarm signals generated by oxygen sensors shall be subject to the District Manager approval in the mine's 30 CFR 75.1101-23 program of instruction. The response to methane sensor alert and alarm signals is dictated by 30 CFR 75.323(b). A record of each alert and alarm signal given and the action taken shall be maintained at the mine for a period of 1 year.

1. Any time the District Manager determines that changes are necessary to ensure the air flowing over the monitoring stations is representative of the air flow ventilating the inaccessible return aircourse and inaccessible mine seals, changes shall be made through the mine ventilation plan approval process. Such changes may include:

    

a.  relocation of monitoring stations or adding monitoring stations should further roof deterioration render the present locations no longer representative of the air flow ventilating the inaccessible mine seals;

b.  the installation of additional temporary or permanent ventilation controls or increasing the restriction of the regulator described in Paragraph 2(c), to force air in front of the inaccessible mine seals and across the AMS sensor equipped monitoring stations to meet the 5,000 cfm minimum airflow requirement;

c.  the elimination of continuous monitoring using AMS sensors where a minimum 50 fpm of air flow velocity across the sensors can not be ensured and establishing daily examinations, including gas checks using MSHA approved hand-held multi-gas detectors, and measuring air quantity using appropriate and calibrated anemometers at the monitoring stations; or 

d.  where the District Manager determines that the above changes to the terms and conditions cannot provide assurance that the 2nd. Panel West seals are intact and effectively isolating the sealed area from the active area of the mine, other actions may be required. Those actions may include any rehabilitation necessary to gain access to the seals or the construction of new mine seals which isolate the failed seals within a larger sealed area while action to revoke this PDO is taken pursuant to 30 CFR 44.52.

1. The permanent ventilation controls, monitoring stations and atmospheric monitoring system sensor locations shall be shown on the annual mine ventilation map submitted in accordance with 30 CFR 75.372.

1. All monitoring stations and sensor locations and approaches to both stations and sensors shall, at all times be maintained in safe condition. The roof shall be adequately supported by roof bolts or other suitable means to prevent deterioration of the roof in the vicinity of the stations.

1. A sign showing the safe travel route to each monitoring station shall be conspicuously displayed in the main intake haulage entry.

1. A sign showing the safe travel routes to the 2nd. Panel West No. 1 and No. 7 mine seals shall be provided in adjacent travel entries.

1. A diagram showing the normal direction of the air current flow in this area shall be posted at each monitoring station. Such diagram shall be maintained in a legible condition and shall show the cross sectional area to be used in calculating air quantities. The diagram shall provide notice to mine examiners that any change in air quantities resulting in air flow at AMS sensors falling below 5,000 cfm shall be reported to the mine foreman for immediate investigation and the results of that investigation shall be immediately reported to MSHA.

1. Prior to implementing this alternative method, all mine personnel will be instructed not to travel into petitioned aircourses except along designated routes and all other approaches shall be fenced off or barricaded with "DO NOT ENTER" warning signs. Entry in the area shall be permitted only to investigate and correct significant problems with air flow detected through the monitoring process and all such work shall be done under the supervision of an authorized person. All persons who work in this area shall be instructed in the emergency evacuation procedures and all provisions of 30 CFR 75.1101-23 and 75.383. Mine examiners and persons assigned to work in the vicinity of the petitioned area, and in the return down wind of the petitioned inaccessible seals, shall be instructed in the potential explosion and asphyxiation hazards associated with the out-gassing from damaged or failed mine seals, and alerted to the ignition sources of the nearby belt and haulage entries. 

1. Prior to implementing this PDO, an inspection shall be conducted by MSHA to ensure that the terms and conditions of this PDO have been complied with and that the miners have been trained in proper evacuation procedures, including instructions and drills in evacuation.

1. Within 60 days after this PDO becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the conditions specified by the PDO.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal 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. 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.