Petition: Modification of Application of Existing Mandatory Safety Standards

Petition for Modification of Application of Existing Mandatory Safety Standards

DATES:

All comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before July 31, 2026.

SUPPLEMENTARY INFORMATION:

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations (CFR) part 44 govern the application, processing, and disposition of petitions for modification.

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 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. The application of such standard to such mine will result in a diminution of safety to the miners in such mine.

In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification.

II. Petition for Modification

Docket Number: M-2026-001-M.

Petitioner: Stillwater Mining Company, 1600 East 1st Ave. South/P.O. Box 1330, Columbus, MT 59019.

Mine: Stillwater Mine, MSHA ID No. 24-01490, located in Stillwater County, Montana.

Regulation Affected: 30 CFR 57.11052(d), Refuge areas.

Modification Request: The petitioner requests modification of 30 CFR 57.11052(d) to permit the use of sealed bottled water in lieu of waterlines for supplying potable water in two refuge chambers.

The petitioner states that:

(a) The petitioner requests a modification to the 30 CFR 57.11052 (d) for two specific refuge chambers that require the refuge chamber to be connected to mine water lines.

(b) Stillwater Mining Company is not seeking modification from the requirement of compressed air lines.

(c) As part of a reduction in mining fronts that occurred in 2024, the West side of the Stillwater Mine was placed into care and maintenance.

(d) As part of this process, electrical infrastructure was removed in several areas.

(e) Areas that no longer require access have been barricaded to prevent entry, and areas that remain accessible are inspected weekly to ensure applicable standards are maintained.

(f) The two refuge chambers included in this request are located on the 5300 West and 5000 West levels. These levels remain open solely as designated travelways to inspect and maintain primary ventilation equipment located at 53W 22,800.

(g) Waterlines within this portion of the mine are supplied from mine water reservoir located at 55W 14,100. This area is fully barricaded, and all associated electrical infrastructure has been removed as part of the care and maintenance process.

(h) Re-establishing mine water service to the subject refuge chambers would require replacement of electrical infrastructure to power mine water pumps.

(i) In addition, barricades on the 5500 level and the ramp down to the 5300 level would need to be permanently removed.

(j) These areas are inspected weekly by the ventilation department and electricians, with scheduled maintenance occurring on quarterly and annual intervals.

(k) A laddered escapeway, compliant with all applicable standards, connects the 5300 level and the 5000 level.

(l) Fewer than five individuals access this area during a typical week.

(m) The refuge chambers hold a max occupancy of (8) persons for a max duration of 96 hours.

(n) The petitioner currently employs steel constructed cylindrical refuge units; these units are not commercially available and were fabricated locally.

(o) Based on a review of the conditions described above, removing the requirement for the mine water lines supplying these refuge chambers would reduce overall risk by eliminating the need to re-energize electrical infrastructure, restore mine water pumping systems, and permanently remove barricades in areas currently maintained under care and maintenance controls, while continuing to provide an adequate and reliable emergency water supply inside the refuge chambers for few individuals accessing the area.

The petitioner proposes the following alternative method:

(a) The refuge chambers are stocked with four 5-gallon sealed water containers that are available in case of an emergency.

(b) The 5300 West and 5000 West refuge chambers are stocked with (4) x 5gal jugs of water, providing ample water for 8 persons requiring 2.25 quarts of water per day, per person.

The miners at Stillwater Mine are represented by Jerry Philhower and Kyle Sandlin, both serving as Joint Health and Safety Representatives. The petition for modification has been provided to Mr. Philhower and Mr. Sandlin on June 8, 2026.

In support of the petition, the petitioner provided additional information including a mine map showing the escapeway and refuge chambers; a mine map showing the mine water reservoir that is currently not in use; and an image of the steel constructed cylindrical refuge units.

The petitioner asserts that the alternative method will guarantee no less than the same measure of protection afforded the miners under the mandatory standard.