[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77026-77028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31219]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations Part 44 govern the 
application, processing, and disposition of petitions for modification. 
This notice is a summary of petitions for modification submitted to the 
Mine Safety and Health Administration (MSHA) by the parties listed 
below.

DATES: All comments on the petitions must be received by the MSHA's 
Office of Standards, Regulations, and Variances on or before January 
11, 2016.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petitions 
and comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

 I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or

[[Page 77027]]

other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2015-006-M.
    Petitioner: Marigold Mining Company, 950 17th Street, Suite 2600, 
Denver, Colorado 80202.
    Mine: Marigold Mine, MSHA I.D. No. 26-02081, located in Humboldt 
County, Nevada.
    Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for 
ANFO).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of re-refined oil in lieu of 
conventional diesel when preparing ANFO for blasting. The petitioner 
states that:
    (1) Only RDO-100 will be used, which is an engineered liquid 
hydrocarbon fuel that is refined off site from recycled petroleum 
products by a reputable commercial business with quality controls in 
place to assure that the product meets the specifications outlined in 
the Material Safety Data Sheet.
    (2) Marigold mining company received lab results from American 
Testing Technologies, Inc., analyzing the RDO-100 Burner Fuel. The RDO-
100 Burner Fuel oil exceeds the following Environmental Protection 
Agency (EPA) limits of 40 CFR 279.11:

--Arsenic--5 ppm maximum
--Benzene--25 ppm maximum
--Cadmium--2 ppm maximum
--Chromium--10 ppm maximum
--Lead--100 ppm maximum
--Total Halogens--1,000 ppm maximum
--Flash Point--100[deg]-125[deg] F minimum

    In similar cases, and corresponding orders granting modification of 
the application of 30 CFR 56-6309(b), MSHA has determined that there is 
not a diminution of safety when using re-refined used oil that meets 
the EPA criterial of 40 CFR 279.11, and does not contain hazardous 
waste material listed in 40 CFR part 261 to prepare ANFO.
    (3) Marigold Mining Company seeks modification of the existing 
standard that recognizes the RDO-100 Burner Fuel is not a ``waste oil'' 
or ``crankcase oil'' prohibited by the referenced standard. RDO-100 is 
an engineered liquid hydrocarbon fuel manufactured offsite from 100 
percent reclaimed petroleum products, and has a flash point greater 
than 200 degrees Fahrenheit. Marigold Mining seeks recognition from 
MSHA that it can utilize RDO-100 Burner Fuel to prepare ANFO.
    (4) RDO-100 burner fuel is not a ``waste oil'' or ``crankcase oil'' 
prohibited by the referenced standard. Used oil is clearly acceptable 
to certain situations under EPA standard. Marigold Mining should be 
allowed to use re-refined and EPA compliant oil to prepare ammonium 
nitrate-fuel oil for the blasting process. 30 CFR 56.6309(b) states 
that ``waste oil, including crankcase oil, shall not be used to prepare 
ammonium nitrate-fuel oil'' However, the standard does not define the 
terms ``waste oil and ``crankcase oil''. Evaluating common industry 
definitions, it is clear that the RDO-100 burner fuel utilized by 
Marigold Mining does not fall into either of these categories.
    The Merriam-Webster Dictionary defines a ``crankcase'' as ``the 
part of an engine that contains the crankshaft, the housing of a 
crankshaft.'' Thus, ``crankcase oil'' is the oil inside the crankcase 
that lubricates the crankshaft. The oil that Marigold Mining intends to 
utilize is recycled EPA compliant oil that does not fall under this 
definition. Used oil is clearly acceptable in certain situations under 
EPA standards. ``Used oil means any oil that has been refined from 
crude oil, or any synthetic oil, that has been used and as a result of 
such use is contaminated by physical or chemical impurities,'' 40 CFR 
279.1. 40 CFR part 279 defines the acceptable and prohibited uses of 
``used oil''. However, ``used oil burned for energy recovery, and any 
fuel produced from used oil by processing, blending, or other treatment 
is subject to regulation under [40 CFR part 279] unless it is shown not 
to exceed any of the allowable levels of the constituents and 
properties.
    40 CFR 279.11 (emphasis added). Based on Marigold Mining analysis 
test results, it is evident that Marigold Mining re-refined used oil 
does not exceed any allowable levels, and thus is not subject to the 
prohibitions described in 40 CFR part 279. As such, Marigold Mining 
should be allowed to utilize used, recycled, EPA compliant oil to 
prepare ammonium nitrate-fuel oil.
    (5) RDO-100 burner fuel (recycled oil) is almost chemically 
identical to Mobile 15-W40 motor oil (new oil). Even if RDO-100 burner 
fuel is considered ``waste oil'' under 30 CFR 56.6309(b), a comparison 
of the lab results for RDO-100 burner fuel (recycled oil) and Mobile 
15-W40 motor oil'' (new oil) used to make ANFO reveals that there is 
not significant difference between the two. The new oil contains more 
total halogens than the recycled oil. RDO-100 is an engineered liquid 
hydrocarbon fuel refined offsite from recycled petroleum products by a 
reputable commercial business with quality controls in place to assure 
that the product meets the specifications outlined in the MSDS. Thus, 
creation of ANFO using RDO-100 versus Mobile15-W40 motor oil is similar 
to the creation of a Coke bottle using recycled plastic versus new 
plastic.
    (6) Marigold Mining is in the process of establishing several 
precautionary measures that it intends to follow in an effort to dispel 
any safety concerns. The procedures below constitute a fully 
appropriate and safe method for transporting, storing, and utilizing 
recycled used oil to prepare ANFO without any diminution of safety.

--Marigold Mining will only be using re-refined used oil that has 
already been recycled and tested by a reputable commercial business.
--The recycled oil received by Marigold Mining for use to prepare ANFO 
will be stored in an oil tank that is dedicated for diesel and/or used 
oil blend storage.
--The ammonium nitrate to be combined with the re-refined used oil to 
create ANFO will be stored separate and apart from the re-refined used 
oil in a locked and secured compound.
--The recycled oil, after it is filtered and meets the EPA criteria of 
40 CFR 279.11, shall have no other products added except for No. 2 
diesel fuel.
--The re-refined used oil shall not be modified by heating, the 
addition of additives (excluding the No. 2 diesel fuel), or in any 
other way that would change the relevant properties of the oil.
--The ANFO will be transported and used in a closed system which 
prevents skin contact, inhalation of vapors and ingestion of the 
product. Personal protective equipment worn by employees who handle the 
ANFO mixture, as required by 30 CFR 56.15006, will be maintained to 
ensure the intended protection and will be properly disposed of after 
each use.
--The ANFO will be used only on Marigold Mine property and will not be 
sold or transferred to other mine properties.

[[Page 77028]]

--The re-refined used oil and ammonium nitrate will be taken to the 
blast site in separate containers and will be combined only as part of 
the actual process of loading the blast holes.
--The petitioner will maintain a daily ``load'' and ``shot'' report 
detailing all holes loaded and shots fired which contain this re-
refined used oil/prill mixture.

    (7) There have been no documented incidents at the Marigold Mine 
from use of RDO-100 burner fuel to prepare ANFO. Marigold Mining has 
successfully used RDO-100 burner fuel for over eight years without any 
problems, and has had several discussions with MSHA inspectors during 
that period regarding use of the product. Prior to Citation No. 8562938 
being issued and subsequently vacated in 2011, no MSHA inspector has 
ever cited Marigold Mining for the use of RDO-100 burner fuel, nor has 
any MSHA inspector ever advised Marigold Mining not use RDO-100 burner 
fuel. Marigold Mining's use of RDO-100 burner fuel is a safe 
environmentally responsible practice that complies with the 
requirements of 30 CFR 6309.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-31219 Filed 12-10-15; 8:45 am]
BILLING CODE 4520-43-P