JUL 2 9 200IJ
East Tennessee Zinc Company, LLC Coy Mine
Mine I.D. No. 40-00166
Immel Mine
Mine I.D. No. 40-00170
Young Mine
Petition for Modification
Mine I.D. No. 40-00168 Docket No. M-2008-002-M
Proposed Decision and Order
On September 3, 2008, East Tennessee Zinc Company, LLC filed a petition under 30
U.S.C. § 811 (c) and 30 C.F.R. Part 44 seeking a modification of the application of 30
C.F.R. § 57.11052 (d) to its Coy Mine (Mine I.D. No. 40-00166), Immel Mine (Mine I.D. No. 40-00170) and the Young Mine (Mine I.D. No. 40-00168). These zinc underground
mines are located in Tennessee. The petitioner alleges that the alternative method outlined in the petition would at all times guarantee no less than the same measure of protection for miners provided by the standard.
Standard 30 C.F.R. § 57.11052(d) requires that refuge areas be provided with compressed air lines, waterlines, suitable handtools, and stopping materials.
The Petitioner requests that it be allowed to provide compressed air cylinders and bottled water in lieu of installing compressed air and waterlines in its refuge chamber. The operator believes the modification will allow the chamber to contain an amount of air capable of supporting four people for two days based on NIOSH calculations. The operator also believes that in the event of a fire, compressed air lines could be damaged. In regards to replacing the water lines with bottled water, there is currently no source of potable water underground and any waterline connected from the mine waterline would not be fit for human consumption.
On July 15, 2009 MSHA received an email from Erin L. Lane, Safety, Health and Environmental Manager of East Tennessee Zinc Co. LLC requesting that this modification be withdrawn.
You can now file your MSHA forms online. It's easy, it's fast, and it saves you money!
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator, and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., § 81l(c), it is hereby ordered that a modification of the application of 30 CFR § 57.11052(d) to East Tennessee Zinc Company, LLC, as it applies to Coy Mine, Immel Mine and the Young Mine, is hereby DISMISSED.
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.
§ 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 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.
Acting Administrator for Metal and Nonmetal Mine Safety and Health
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed, postage prepaid, this day ofJU. \.... '1 , 2009 to:
Erin L. Laine, CMSP
Safety, Health and Environmental Manager East Tennessee Zinc Co. LLC
P.O. Box 160
2421W. Old Andrew Johnson Highway Strawberry Plains, TN 37871
Miner's Representative at Immel Mine
Safety, Health and Environmental Manager East Tennessee Zinc Co. LLC
P.O. Box 160
2421 W. Old Andrew Johnson Highway Strawberry Plains, TN 37871
Miner's Representative at Coy Mine
Safety, Health and Environmental Manager East Tennessee Zinc Co. LLC
P.O. Box 160
2421 W. Old Andrew Johnson Highway Strawberry Plains, TN 37871
Miner's Representative at Young Mine Safety, Health and Environmental Manager East Tennessee Zinc Co. LLC
P.O. Box 160
2421 W. Old Andrew Johnson Highway Strawberry Plains, TN 37871
Patricia W. Silvey
Director, Office of Standards, Regulations and Variances
Mine Safety and Health Administration 1100 Wilson Boulevard
Arlin ton, VA 22209-3939
Lawrenc . Trainor Jr.
Mine Sa ety and Health Specialist