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Mine Safety and Health Administration

Petition - Docket No. M-2008-001-M

 

In The Matter of PETITION FOR MODIFICATION

EP Minerals, L.L.C. Clark Mill

I.D. No. 26-00677

Colado Plant I.D. No. 26-00680

Celatom Mill

I.D. No. 35-03236 Docket No. M-2008-001-M

 

Proposed Decision and Order

 

On July 28, 2008, EP Minerals L.L.C., filed a petition seeking a modification of 30 C.F.R.

§ 56.20001 to its Clark Mill, I.D. No. 26-00677, located in Storey County, Nevada; Colado Plant, I.D No. 26-00680, located in Pershing County Nevada; and its Celatom Mill, I.D. No. 35-03236, located in Malheur County. These are diatomaceous earth milling facilities. Diatomaceous earth is a naturally occurring, soft, chalk-like sedimentary rock that is easily crumbled into a fine white to off-white powder. This powder has an abrasive feel, similar to pumice powder, and is very light, due to its high porosity. The typical chemical composition of diatomaceous earth is 86% silica, 5% sodium, 3% magnesium and 2% iron. Diatomaceous earth consists of fossilized remains of diatoms, a type of hard-shelled algae. It is used as a filtration aid, as a mild abrasive, as a mechanical insecticide, as an absorbent for liquids, as cat litter, as an activator in blood clotting studies, and as a component of dynamite.

 

The petition alleges that the alternative method outlined in the petition, will at all times guarantee no less than the same measure of protection afforded by the standard.

 

The standard at 30 C.F.R. § 56.20001, Intoxicating beverages and narcotics.

 

Intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job.

 

These mills utilize the diatomaceous earth as a filtration product for many breweries and are required to perform tests with their product dissolving in degassed beer, to insure that their diatomaceous earth (filtration product) will not adversely affect the customers product. This test is called a Beer Soluble Iron test (BSI). There are two different testing guidelines for their BSI test; one is for customers that require the

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American Society of Brewing Chemists (ASBC) test and the other is Tomoe Brewery Test. The test gives an estimate of the contribution filter aids make to the iron content of beer. Since beers vary in their ability to extract iron, the results are specific to the test beer used. Different brands will be bought and stored at the labs. The operator has developed and implemented a Standard Operating Procedure (SOP) for properly handling and control of beer used in the Laboratory Procedures. This also includes securing the beer in a locked metal cabinet and only making the key available to the Lab Tech and a secondary key to be kept by the quality control manager. No others will have access to this locked cabinet and the beer within.

 

On August 19, 2008, an MSHA investigator conducted an on-site investigation into the merits of the petition and filed a written report of their findings and recommendations with the Administrator for Metal and Nonmetal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.

 

FINDINGS OF FACT AND CONCLUSIONS OF LAW

 

The Administrator for Metal and Nonmetal Safety and Health finds that the alternative method proposed by the Petitioner, with the conditions listed below, would guarantee no less than the same measure of protection afforded by 30 CFR § 56.20001.

 

ORDER

 

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal, 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 a modification of 30 C.F.R. § 56. 20001 to the EP Minerals L.L.C., as it pertains to permitting the use of intoxicating beverages in their Clark Mill,, Colado Plant, and its Celatom Mill labs is hereby:

 

GRANTED, conditioned upon compliance with the following:

 

  1. Beer used in lab procedures will be ordered by the secondary lab tech, or other responsible designee, from the purchasing coordinator.

     

  2. The purchasing coordinator, or their responsible designee, will arrange for the supply of beer to be purchased and delivered to the appropriate person/department for receipt.

     

  3. When the beer is received the amount will be recorded on a log or other

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    equivalent form.

     

  4. The bottles will be initialed or marked in some way across the label with permanent marker, prior to storage. This is to easily identify containers purchased for testing purposes.

     

  5. Beer will be stored in a steel locking cabinet. The key will be kept by the secondary lab tech or other designee(s). A copy of the key to the locking steel cabinet will be kept by the Quality Manager or other responsible person.

     

  6. A record of use will be kept on the log or equivalent form, to include amount, date used and initials of the person acquiring the product for testing purposes.

     

  7. When testing has concluded the remaining degassed beer will be disposed of appropriately by dumping down the drain or other disposal means.

     

  8. Empty containers will be kept in the locking cabinet/or designated receptacle until they can be disposed of properly.

 

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 C.F.R. Part 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

 

If a hearing is requested, the request must 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 shall be posted by the operator on the mine bulletin board at the mine.

 

 

 

Felix A. Quintana Administrator for

Metal and Nonmetal Mine Safety and Health