Notice2021-17554
Petition for Modification of Application of Existing Mandatory Safety Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2021
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice includes the summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Notices]
[Pages 46018-46021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17554]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice includes the summary of a petition for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before September 16,
2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#99e3e3d4cad1d8b4faf6f4f4fcf7edead9fdf6f5b7fef6ef"><span class="__cf_email__" data-cfemail="2c5656617f646d014f4341414942585f6c484340024b435a">[email protected]</span></a>. 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: Jessica D. Senk, 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 petition 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: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#eab98f8481c4a08f999983898baa8e8586c48d859c"><span class="__cf_email__" data-cfemail="f2a1979c99dcb89781819b9193b2969d9edc959d84">[email protected]</span></a> (email), or 202-693-9441 (facsimile). [These are
not toll-free numbers.]
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-2021-026-C.
Petitioner: Marion County Coal Resources, Inc., 151 Johnnycake
Road, Metz, West Virginia (Zip 26585).
Mine: Marion County Mine, MSHA ID No. 46-01433, located in Marion
County, West Virginia.
Regulation Affected: 30 CFR 75-1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1700, as it relates to oil and gas wells
at the mine. The operator is petitioning to plug two gas wells in the
Marcellus shale.
The petitioner states that:
(a) The Marion County Mine desires to plug two ``unconventional''
gas wells in the Marcellus shale not covered by the Consent Order at
docket No. 2017-MSA-06. These are:
(1) The Esther Clark 1H Marcellus Gas Well American Petroleum
Institute (API) #: 47-061-01616; and
(2) The Esther Clark 3H Marcellus Gas Well API #: 47-061-01623.
(b) The Marion County Mine employs approximately 712 miners and
produces approximately 25,000 tons of bituminous coal per day from the
Pittsburgh #8 coal seam with an average mine height of 84 inches. At
this time, there are no coal seams being mined stratigraphically down
section from the Pittsburgh seam. The mine is accessed through one
slope and eight airshafts. The mine operates three production shifts
per day, five days per week, on three working sections--one longwall,
an advancing gate section, and a mains section utilizing continuous
mining machines. The mine liberates 9,000,000 cubic feet of methane on
a daily basis.
(c) On July 5, 2018, MSHA and Marion County entered into a
settlement concerning the contest of certain conditions in a Proposed
Decision and Order concerning 30 CFR 75.1700 at docket No. 2017-MSA-06.
That agreement specifically excluded certain types of wells as follows:
Unconventional wells in the Marcellus and Utica, and all other
unconventional shale oil and gas wells are not subject to this
modification.
The petitioner proposes the following alternative method:
(a) District Manager approval required.
(1) The mine operator shall maintain a safety barrier of 300 feet
in diameter around the Esther Clark 1H and 3H Gas Wells until the
District Manager approves to proceed with mining.
(2) Prior to mining within the safety barrier around these wells,
the mine operator shall provide to the District Manager a sworn
affidavit or declaration executed by the company official who is in
charge of health and safety at the mine stating that all mandatory
procedures for cleaning out, preparing, and plugging each gas well have
been completed. The affidavit or declaration must be accompanied by all
logs, electronic or otherwise, described below in section (b) (7) and
any other records the District Manager requires.
(3) This petition applies to all types of underground coal mining
at the mine.
(b) The petitioner proposes to use the following mandatory
procedures, when cleaning out and preparing the Ester
[[Page 46019]]
Clark IH and 3H Gas Wells prior to plugging.
(1) The mine operator shall test for gas emissions inside the hole
before cleaning out, preparing, and plugging gas wells. The District
Manager shall be contacted if the well is actively producing gas.
(2) Since these wells are unconventional and greater than 4,000
feet in depth, a diligent effort shall be made to remove all the casing
in the well and clean the well down to the original arrowset packer
installed just above the ``kick off point'' in the well. The mine
operator shall completely clean out the well from the surface to at
least the same arrowset packer originally installed. The mine operator
shall provide the District Manager with all information it possesses
concerning the geological nature of the strata and the pressure of the
well. The mine operator shall make a diligent effort to remove all
material from the entire diameter of the well, wall to wall.
(3) Since these wells are no longer producing and are being cleaned
and prepared subject to this petition, the operator must attempt to
remove all of the casing using a diligent effort, and comply with all
other applicable provisions of the decision and order.
(4) To make a diligent effort to remove the casing, the operator
shall pull a minimum of 150% of casing string weight and/or have made
at least three attempts to spear or overshot to grip the casing for the
required minimum pull effort. The operator shall keep a record of these
efforts, including casing length and weight, and make the record
available for MSHA review.
(5) Perforations or rips are required at least every 50 feet from
400 feet below the base of the Pittsburgh #8 coal seam up to 100 feet
above the uppermost mineable coal seam. The mine operator must take
appropriate steps to ensure that the annulus between the casing and the
well walls are filled with expanding (minimum 0.5% expansion upon
setting) cement and contain no voids.
(6) Jet/sand cutting is one method for cut, ripping, or perforating
casing with three or more strings of casing in the Pittsburgh #8 coal
seam in preparation for mining. This method uses compressed nitrogen
gas and sand to cut the well casings. On active wells, cuts start at
200 feet above the bottom of the casing at 200 feet intervals, to 200
feet below the bottom of the Pittsburgh coal seam.
(7) The mine operator shall prepare down-hole logs for each well.
Logs shall consist of a caliper survey, a bond log if appropriate, a
deviation survey, and a gamma survey for determining the top, bottom,
and thickness of all coal seams down to the coal seam to be mined or
the lowest mineable coal seam, whichever is lower, potential
hydrocarbon producing strata, and the location of any existing bridge
plug. In addition, a journal shall be maintained describing: the depth
of each material encountered; the nature of each material encountered;
bit size and type used to drill each portion of the hole; length and
type of each material used to plug the well; length of casing(s)
removed, perforated or ripped, or left in place; any sections where
casing was cut or milled; and other pertinent information concerning
cleaning and sealing the well. Invoices, work-orders, and other records
relating to all work on the well shall be maintained as part of this
journal and provided to MSHA upon request.
(8) The mine operator shall make a diligent effort to remove the
casing down to the arrowset packer installed just above the ``kick off
point'' (where the well transitions from vertical to horizontal). If
all of the vertical casing above the existing packer can be removed,
the mine operator shall prepare the well for plugging and use seals
described below. MSHA may retain the right to review and direct the
mine operator's sealing protocol, in the event geologic or well
conditions require further measures.
(9) If the District Manager concludes that the completely cleaned-
out well is emitting excessive amounts of gas, the mine operator must
place additional mechanical bridge plugs in the well.
(10) The mechanical bridge plug must be placed in a competent
stratum at least 400 feet below the base of the lowest mineable coal
seam, but above the top of the uppermost hydrocarbon-producing stratum,
unless the District Manager requires a greater distance based on his
judgment that it is required due to the geological strata or the
pressure within the well. The mine operator shall provide the District
Manager with all information he possesses concerning the geological
nature of the strata and the pressure of the well. If it is not
possible to set a mechanical bridge plug, an appropriately sized packer
may be used. The mine operator shall document what has been done to
``kill the well'' and plug the hydrocarbon producing strata.
(11) If the upper-most hydrocarbon-producing stratum is within 300
feet of the base of the Pittsburgh #8 coal seam, the mine operator
shall properly place mechanical bridge plugs as described above in
section (b) to isolate the hydrocarbon-producing stratum from the
expanding cement plug.
(12) The mine operator shall place a minimum of 400 feet of
expanding cement below the Pittsburgh #8 coal seam, unless the District
Manager requires a greater distance based on his judgment that it is
required due to the geological strata or due to the pressure within the
well.
(c) The petitioner proposes to use the following mandatory
procedures for plugging the Ester Clark 1H and 3H Gas Wells to the
surface, after completely cleaning out the well.
(1) Cement is specified to be used as a plugging material.
(2) The mine operator shall pump cement slurry down the well to
form a plug which runs from the original arrowset packer installed just
above the ``kick off point'' in the well to 400 feet below the
Pittsburgh #8 coal seam. The cement will be placed in the well under a
pressure of at least 200 pounds per square inch. The mine operator
shall pump expanding cement slurry down the well to form a plug which
runs from 400 feet below the Pittsburgh #8 coal seam to the surface.
The District Manager can modify the cementing plan based on his
judgment due to the geological strata or the pressure within the well.
(3) The mine operator shall embed steel turnings or other small
magnetic particles in the top of the cement near the surface to serve
as a permanent magnetic monument of the well. In the alternative, a 4-
inch or larger diameter casing, set in cement, shall extend at least 36
inches above the ground level with the API well number engraved or
welded on the casing. When the hole cannot be marked with a physical
monument (e.g., prime farmland), high-resolution GPS coordinates (one-
half meter resolution) are required.
(d) The petitioner proposes to use the following alternate
procedures for preparing and plugging or replugging the Ester Clark IH
and 3H Gas Wells.
(1) If it is not possible to remove all of the casing, the mine
operator shall notify the District Manager before any other work is
performed.
(2) If the well cannot be cleaned out or the casing removed, the
mine operator shall prepare the well as described below from the
surface to at least 400 feet below the base of the Pittsburgh #8 coal
seam, unless the District Manager requires cleaning out and removal of
casing to a greater depth based on his judgement as to what is required
due to geological strata or the pressure within the well.
(3) If the casing cannot be removed from the total depth, the well
must be filled with cement from the lowest possible depth to 400 feet
below the
[[Page 46020]]
Pittsburgh #8 coal seam, and the other applicable provisions in this
petition still apply; or
(4) If the casing cannot be removed, the casing shall be perforated
from 400 feet below the Pittsburgh #8 coal seam, the annuli shall be
cemented or otherwise filled, and the other applicable provisions in
this petition still apply.
(5) If the casing cannot be removed, the casing must be cut,
milled, perforated, or ripped at sufficient intervals to facilitate the
removal of any remaining casing in the coal seam by the mining
equipment. Any casing which remains shall be cut, perforated, or ripped
to permit the injection of cement into voids within and around the
well. All casing remaining at the Pittsburgh #8 coal seam shall be cut,
perforated, or ripped at least every 5 feet from 10 feet below the coal
seam to 10 feet above the coal seam.
(6) If the mine operator, using a casing bond log, can demonstrate
to the District Manager's satisfaction that all annuli in the well are
already adequately sealed with cement, the mine operator will not be
required to perforate or rip the casing for that particular well. When
multiple casing and tubing strings are present in the coal horizon(s),
any casing which remains shall be ripped or perforated and filled with
expanding cement as indicated above. An acceptable casing bond log for
each casing and tubing string is needed if used in lieu of ripping or
perforating multiple strings.
(e) The petitioner proposed to use the following mandatory
procedures when mining within a 100-foot diameter barrier around the
Esther Clark 1H and 3H Gas Wells.
(1) A representative of the mine operator, a representative of the
miners, the appropriate State agency, or the MSHA District Manager may
request that a conference be conducted prior to intersecting any
plugged well. Upon receipt of any such request, the District Manager
shall schedule such a conference. The party requesting the conference
shall notify all other parties listed above within a reasonable time
prior to the conference to provide opportunity for participation. The
purpose of the conference shall be to review, evaluate, and accommodate
any abnormal or unusual circumstance related to the condition of the
well or surrounding strata when such conditions are encountered.
(2) The mine operator shall intersect a well on a shift approved by
the District Manager. The mine operator shall notify the District
Manager and the miners' representative in sufficient time prior to
intersecting a well to provide an opportunity to have representatives
present.
(3) When using continuous mining methods, the mine operator shall
install drivage sites at the last open crosscut near the place to be
mined to ensure intersection of the well. The drivage sites shall not
be more than 50 feet from the well. When using longwall-mining methods,
distance markers shall be installed on 5-foot centers for a distance of
50 feet in advance of the well in the headgate entry and in the
tailgate entry.
(4) When either the conventional or continuous mining method is
used, the mine operator shall ensure that fire-fighting equipment
including fire extinguishers, rock dust, and sufficient fire hose to
reach the workingface area of the well intersection is available and
operable during all well intersections. The fire hose shall be located
in the last open crosscut of the entry or room. The mine operator shall
maintain the water line to the belt conveyor tailpiece along with a
sufficient amount of fire hose to reach the farthest point of
penetration on the section. When the longwall mining method is used, a
hose to the longwall water supply is sufficient.
(5) The mine operator shall ensure that sufficient supplies of roof
support and ventilation materials shall be available and located at the
last open crosscut. In addition, emergency plugs and suitable sealing
materials shall be available in the immediate area of the well
intersection.
(6) On the shift prior to intersecting the well, the mine operator
shall service all equipment and check it for permissibility. Water
sprays, water pressures, and water flow rates used for dust and spark
suppression shall he examined and any deficiencies corrected.
(7) The mine operator shall calibrate the methane monitor(s) on the
longwall, continuous mining machine, or cutting machine and loading
machine on the shift prior to intersecting the well.
(8) When mining is in progress, the mine operator shall test for
methane with a handheld methane detector at least every 10 minutes from
when mining with the continuous mining machine or longwall face is
within 30 feet of the well until the well is intersected. During the
actual cutting process, no individual shall be allowed on the return
side until the well intersection has been completed and the area has
been examined and declared safe. All workplace examinations on the
return side of the shearer will be conducted while the shearer is idle.
The mine operator's most current Approved Ventilation Plan will be
followed at all times unless the District Manager deems a greater air
velocity for the intersect is necessary.
(9) When using continuous or conventional mining methods, the
working place shall be free from accumulations of coal dust and coal
spillages, and rock dust shall be placed on the roof, rib, and floor to
within 20 feet of the face when intersecting the well. On longwall
sections, rockdusting shall be conducted and placed on the roof, rib,
and floor up to both the headgate and tailgate gob.
(10) When the well is intersected, the mine operator shall de-
energize all equipment and thoroughly examine and determine the area to
be safe before permitting mining to resume.
(11) After a well has been intersected and the working place
determined to be safe, mining shall continue inby the well a sufficient
distance to permit adequate ventilation around the area of the well.
(12) If the casing is cut or milled at the coal seam level, the use
of torches should not be necessary. However, in rare instances, torches
may be used for inadequately or inaccurately cut or milled casings. No
open flame shall be permitted in the area until adequate ventilation
has been established around the well bore and methane levels of less
than 1.0% are present in all areas that will be exposed to flames and
sparks from the torch. The mine operator shall apply a thick layer of
rock dust to the roof, face, floor, ribs, and any exposed coal within
20 feet of the casing prior to the use of torches.
(13) Non-sparking (brass) tools will be available and will be used
exclusively to expose and examine cased wells.
(14) No person shall be permitted in the area of the well
intersection except those actually engaged in the operation, including
company personnel, representatives of the miners, personnel from MSHA,
and personnel from the appropriate State agency.
(15) The mine operator shall alert all personnel in the mine to the
planned intersection of the well prior to their going underground if
the planned intersection is to occur during their shift. This warning
shall be repeated for all shifts until the well has been mined through.
(16) The well intersection shall be under the direct supervision of
a certified individual. Instructions concerning the well intersection
shall be issued only by the certified individual in charge.
(17) If the mine operator cannot find the well in the longwall
panel or if a development section misses the anticipated intersection,
the mine operator shall cease mining to examine
[[Page 46021]]
for hazardous conditions at the projected location of the well, notify
the District Manager, and take reasonable measures to locate the well,
including visual observation/inspection or through survey data. Mining
may resume if the well is located and no hazardous conditions exist. If
the well cannot be located, the mine operator shall work with District
Manager to resolve any issues before mining resumes.
(18) The provisions of this petition do not impair the authority of
representatives of MSHA to interrupt or halt the well intersection and
to issue a withdrawal order when they deem it necessary for the safety
of the miners. MSHA may order an interruption or cessation of the well
intersection and/or a withdrawal of personnel by issuing either a
verbal or written order to that effect to a representative of the mine
operator. Operations in the affected area of the mine may not resume
until a representative of MSHA permits resumption. The mine operator
and miners shall comply with verbal or written MSHA orders immediately.
All verbal orders shall be committed to writing within a reasonable
time as conditions permit.
(19) A copy of the decision and order shall be maintained at the
mine and available to the miners.
(20) If the well is not plugged to the total depth of all minable
coal seams identified in the core hole logs, any coal seams beneath the
lowest plug will remain subject to the barrier requirements of 30 CFR
75.1700, should those coal seams be developed in the future.
(21) All necessary safety precautions and safe practices according
to Industry Standards and required by MSHA regulations and State
regulatory agencies having jurisdiction over the plugging site will be
followed to provide the upmost protection to the miners involved in the
process.
(22) All miners involved in the plugging or re-plugging operations
will be trained on the contents of the decision and order prior to
starting the process, and a copy of the decision and order will be
posted at the well site until the plugging or re-plugging has been
completed.
(23) Mechanical bridge plugs should incorporate the best available
technologies that are either required or recognized by the State
regulatory agency and/or oil and gas industry.
(24) Within 30 days after the decision and order becomes final, the
mine operator shall submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. These proposed revisions
shall include initial and refresher training on compliance with the
terms and conditions stated in the decision and order. The mine
operator shall provide all miners involved in well intersection with
training on the requirements of the decision and order prior to mining
within 150 feet of the well intended to be mined through.
(25) The responsible person required under 30 CFR 75.1501
(Emergency evacuations) is responsible for well intersection
emergencies. The well intersection procedures should be reviewed by the
responsible person prior to any planned intersection.
(26) Within 30 days after the decision and order becomes final, the
mine operator shall submit proposed revisions for its approved mine
emergency evacuation and firefighting program of instruction required
under 30 CFR 75.1502. The mine operator will revise the program of
instruction to include the hazards and evacuation procedures to be used
for well intersections. All underground miners will be trained in this
revised plan within 30 days of submittal.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-17554 Filed 8-16-21; 8:45 am]
BILLING CODE 4520-43-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.