In the matter of Petition for Modification
Peabody Coal Company
Camp No. 1 Mine
I.D. No. 15-02709 Docket No. M-98-021-C
PROPOSED DECISION AND ORDER
On February 6, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.364(a)(1) 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 provided a 1"=400' scale drawing and a 1"=100' scale drawing, both of the slope bottom area. MSHA has determined the area is a designated return aircourse, created by ventilation controls, adjacent to the rail haulage and belt conveyor entries serving the slope bottom area. The petitioned area is the sole means by which the mine's ventilating air current for this portion of the mine returns to the exhaust shaft. The entire slope bottom area is within the Main West area developed in 1971. That area is part of the mine's earliest development and received extensive supplemental roof support. However, through roof deterioration, much of the area is unsafe for travel, except for those essential entries maintained for coal, personnel and materials transportation. In addition, the petitioned area serves to direct airflow across 14 mine seals which isolate the sealed worked out areas of 1st Panel South and Main East. For these reasons, the petition has been treated as requesting a modification of 30 CFR 75.364(b)(2 and 4) and (c)(2 and 3). Petitioner's proposed alternative method is to replace weekly examination of the inaccessible Main East return aircourse and inaccessible Main East and 1st Panel South mine seals with weekly evaluations at four monitoring stations using hand held gas detection devices and anemometers.
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)(2 and 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 the miners performing the work.
MSHA's investigation of the petitioned area found, however, that the proposed alternative method would monitor air which could be drastically diluted by intake air leakage, air which had not passed in front of the inaccessible mine seals or entered the area at inlet monitoring stations. Therefore, the proposed outlet monitoring station of the Petitioner's proposed alternative method would not be representative of the air ventilating the inaccessible seals. MSHA also concluded that: a) changes to the permanent ventilation controls are needed to assure all regulator openings have been closed with concrete blocks; b) weekly examination of all ventilation controls, stoppings and overcasts, is possible and necessary to ensure air flow to the required seals; c) continuous monitoring of methane and oxygen using intrinsically safe sensors by an Atmospheric Monitoring System (AMS) at two additional monitoring stations immediately downwind of the 1st Panel South mine seals is necessary for detection of seal failure or out gassing from the inaccessible sealed areas, d) weekly hazard examinations at all monitoring stations are necessary, e) weekly measurements of air quantity and quality are needed at monitoring stations to verify that the accuracy of the continuous monitoring gas concentration readings are representative of the air flowing across the seals and in the petitioned air course; and, f) the weekly monitoring needs to include an evaluation of the changes in the leakage through ventilation controls.
Therefore, the petitioner's alternative method has been modified to require: a) weekly examinations at the proposed monitoring stations; b) additional monitoring stations down wind of the 1st Panel South seals representative of the air flow ventilating the inaccessible mine seals and the remainder of the aircourse; c) the monitoring of air entering and leaving the inaccessible return aircourse entries; and d) the use of continuous monitoring of the mine atmosphere to ensure an adequate evaluation of the condition of the inaccessible mine seals. The alternative method as amended by MSHA will detect further reductions in air flow due to roof falls, damage or failure of ventilation controls creating the aircourse(s) 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)(2 and 3) to its Camp No. 1 Mine.
1. Seven monitoring stations that allow evaluation of the return aircourse and return air split ventilating inaccessible mine seals shall be established at the following locations:
a. Two monitoring stations where air enters the inaccessible area, in the crosscuts between entries nos. 5 and 6 of 2nd Main East near engineers stations 6+50 and 7+10 (These monitoring stations are also used in evaluating the petitioned area addressed by granting terms and conditions of the Proposed Decision and Order under Docket No. M-92-031-C).
b. One monitoring station where air enters the inaccessible area, immediately before flowing under the overcast in entry no. 16 of Main East at engineers station 6+50 (at the location identified by the petitioner as measuring station 983).
c. One monitoring station where air enters the inaccessible air course in entry no. 1 of Return Parallel Main East near engineers station 18+50 (at the location identified by the petitioner as measuring station 981).
d. Two monitoring stations immediately down wind of the last 1st Panel South inaccessible mine seals in entries nos. 5 and 6 of 1 Panel South off of Main East near engineers station 4+50 (at locations identified by the petitioner as measuring stations 984 and 985). AMS sensors to monitor methane and oxygen concentrations are required be used at each of these monitoring stations.
e. One monitoring station where air leaves the inaccessible area at or immediately down wind of where air passes under the Main East rail haulage entry and belt entry overcasts near engineers station 6+60 (at a location identified by the petitioner as measuring station 982).
f. 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 and the inaccessible Main East returns, shall be created in Main East by closing all regulator openings where air is shown on the mine ventilation map as being point fed into the petition aircourse with concrete blocks making those controls equivalent to concrete block stoppings. The regulator controlling intake air flowing into 1st Panel South off of Main West shall remain sufficiently open to ensure safe access to the monitoring stations described in Paragraph 1(d).
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 seven 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 having ventilated the inaccessible 1st Panel South mine seals.
5) examining for hazardous conditions at the accessible Main East mine seals near the monitoring stations described in Paragraph 1(a) 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.
6) visually examining each permanent ventilation control, approximately 50 stoppings and 4 overcasts, separating the petitioned aircourse from the Main East rail haulage and belt haulage entries, and the stoppings and overcasts maintained to minimize leakage.
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 Main East and the inaccessible Main East and 1st Panel South 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.
4. 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.
5. An 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 were 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 levels:
Oxygen 19.9%
Methane 0.5%
b. An audible and visual alarm signal shall be activated at the following 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.
7. 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.
8. 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. The changes authorized by this PDO include:
a. relocation of monitoring stations or additional 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 to force air in front of the inaccessible mine seals and across the AMS sensor equipped monitoring stations and to meet the 5,000 cfm minimum airflow requirement;
c. reduction in the AMS sensor alert and alarm levels;
d. 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 air quantity measurements using appropriate and calibrated anemometers at the monitoring stations; or
e. where the District Manager determines that the above changes to the terms and conditions cannot provide assurance that the Main East and 1st Panel South 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 the procedural steps for revocation of this PDO are conducted.
9. 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.
10. 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.
11. A sign showing the safe travel route to each monitoring station shall be conspicuously displayed in the main intake haulage entry.
12. A sign showing the safe travel routes to the remaining accessible Main East mine seals shall be provided in adjacent travel entries.
13. 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 MSHA immediately.
14. 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.
15. 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.
16. 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.
ORDER
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.
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health