EX-95 6 ex95.htm EXHIBIT 95
Exhibit 95

MINE SAFETY DISCLOSURES

Section 1503 of the Dodd-Frank Act contains new reporting requirements regarding coal or other mine safety. We operate a mine in conjunction with our Green River, Wyoming facility, which is subject to regulation by the Mine Safety and Health Administration (“MSHA”) under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”), and is therefore subject to these reporting requirements. Presented in the table below is information regarding certain mining safety and health citations which MSHA has issued with respect to our operation as required by the Dodd-Frank Act. In evaluating this information, consideration should be given to the fact that citations and orders can be contested and appealed, and in that process, may be reduced in severity, penalty amount or sometimes dismissed (vacated) altogether.
 
The letters used as column headings in the table below correspond to the explanations provided underneath the table as to the information set forth in each column with respect to the numbers of violations, orders, citations or dollar amounts, as the case may be, during the third quarter 2016 unless otherwise indicated.
 
   
(A)
    
(B)
    
(C)
    
(D)
    
(E)
  
(F)
    
(G)
  
(H)
  
(I)
  
(J)
    
(K)
    
(L)
  
Mine or
Operating
Name/
MSHA
Identification
Number
  
Section
104 S&S
Citations
(#)
    
Section
104 (b)
Orders
(#)
    
Section
104(d)
Citations
and
Orders
(#)
    
Section
110(b)(2)
Violations
(#)
    
Section
107(a)
Orders
(#)
  
Total Dollar
Value of
MSHA
Assessments
Proposed
($)
    
Total
Number
of
Mining
Related
Fatalities
(#)
  
Received
Notice of
Pattern of
Violations
Under
Section
104(e)
(yes/no)
  
Received
Notice of
Potential to
Have
Pattern
Under
Section
104(e)
(yes/no)
  
Legal
Actions
Pending
as of Last
Day of
Period
(#)
    
Legal
Actions
Initiated
During
Period
(#)
    
Legal
Actions
Resolved
During
Period
(#)
  
                                                                 
Tronox -
Alkali at
Westvaco
  
10
    
0
    
0
    
0
    
0
  
$
1,853
    
0
  
No
  
No
  
1
    
1
    
3
  
                                                                   
MSHA I.D.
No.:
48-00512
                                                                  
 
(A)
The total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety and health hazard under section 104 of the Mine Act for which the operator received a citation from MSHA.

(B)
The total number of orders issued under section 104(b) of the Mine Act.

(C)
The total number of citations and orders for unwarrantable failure of the operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act.

(D)
The total number of flagrant violations under section 110(b)(2) of the Mine Act.

(E)
The total number of imminent danger orders issued under section 107(a) of the Mine Act.

(F)
The total dollar value of proposed assessments from the MSHA under the Mine Act.  Only includes assessments proposed on citations issued in the third quarter.

(G)
The total number of mining related fatalities.

(H)
During the quarter ending September 30, 2016, the mine did not receive Notice of Pattern of Violations under Section 104(e)

(I)
During the quarter ending September 30, 2016, the mine did not receive Notice of a Potential to have a Pattern of Violations Under Section 104(e)

(J)
Includes all legal actions before the Federal Mine Safety and Review Commission, together with the Administrative Law Judges thereof, for our operations.

(K)
The total number of legal actions were initiated by us to contest citations, orders or proposed assessments issued by the federal Mine Safety and Health Administration during the third quarter of 2016.

 (L)
Three previously initiated legal actions to contest citations, orders or proposed assessments issued by the federal Mine Safety and Health Administration, which if successful, could result in the reduction or dismissal of those citations, orders or assessments, were resolved during the period. Resolution of these actions resulted in the reduction of actions initially issued under Section 104(d) to issuance under Section 104(a) and MSHA’s vacating one S&S citation initially issued under 104(a).