Notice2022-05997
Petition for Modification of Application of an 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
March 22, 2022
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 87 Issue 55 (Tuesday, March 22, 2022)</title>
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[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16234-16238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05997]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of an 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 April 21, 2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0008 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2022-0008.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#8bfbeeffe2ffe2e4e5e8e4e6e6eee5fff8cbefe4e7a5ece4fd"><span class="__cf_email__" data-cfemail="dcacb9a8b5a8b5b3b2bfb3b1b1b9b2a8af9cb8b3b0f2bbb3aa">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452. Attention: S. Aromie Noe, 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 petition and
comments during normal business hours at the address listed above.
Before visiting MSHA in person, call 202-693-9455 to make an
appointment, in keeping with the Department of Labor's COVID-19 policy.
Special health precautions may be required.
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: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#b0c0d5c4d9c4d9dfdec3d6dfc2dddfd4d9d6d9d3d1c4d9dfdef0d4dfdc9ed7dfc6"><span class="__cf_email__" data-cfemail="c6b6a3b2afb2afa9a8b5a0a9b4aba9a2afa0afa5a7b2afa9a886a2a9aae8a1a9b0">[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 (Secretary)
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, Sec. Sec. 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2022-003-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
PA 16201.
Mine: Dutch Run Mine, Mine ID No. 36-08701, located in Armstrong
County, PA; Parkwood Mine, Mine ID No. 36-08785, located in Armstrong
County, PA; Madison Mine, Mine ID No. 36-09127, located in Cambria
County, PA;
[[Page 16235]]
Lowry Mine, Mine ID No. 36-09287, located in Indiana County, PA;
Cresson Mine, Mine ID No. 36-09308, located in Cambria County, PA;
Barrett Mine, Mine ID No. 36-09342, located in Indiana County, PA;
Penfield Mine, Mine ID No. 36-09355, located in Clearfield County, PA;
Mine 78, Mine ID No. 36-09371, located in Somerset County, PA;
Kocjancic Mine, Mine ID No. 36-09436, located in Jefferson County, PA;
Brush Valley Mine, Mine ID No. 36-09437, located in Indiana County, PA;
Harmony Mine, Mine ID No. 36-09477, located in Clearfield County, PA;
Crooked Creek Mine, Mine ID No. 36-09972, located in Indiana County,
PA.
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. Specifically, the petitioner is proposing: Procedures for
cleaning out and preparing oil and gas wells prior to plugging or re-
plugging; procedures for plugging or re-plugging oil or gas wells to
the surface; procedures for plugging or re-plugging oil or gas wells
for use as degasification boreholes; alternative procedures for
preparing and plugging or re-plugging oil or gas wells; and mandatory
procedures after approval has been granted to mine through a plugged or
re-plugged well.
The petitioner states:
(a) District Manager Approval Required:
(1) The type of oil or gas well subject to this petition includes
wells that have been depleted of oil or gas production, wells that have
not produced oil or gas and may have been plugged, and active wells.
Marcellus and Utica wells may not be mined through. No Marcellus or
Utica wells are contained within the petition mine permits and are not
subject to this modification.
(2) A safety barrier of 300 feet in diameter (150 feet between any
mined area and a well) shall be maintained around all oil and gas wells
(defined herein to include all active, inactive, abandoned, shut-in, or
previously plugged wells, water injection wells, and carbon dioxide
sequestration wells) until the District Manager has given approval to
proceed with mining. Wells drilled into potential oil or gas producing
formations that did not produce commercial quantities of either gas or
oil (exploratory wells, wildcat wells or dry holes) are classified as
oil or gas wells by MSHA. If the District Manager determines that the
procedures have been complied with as described in subparagraphs 2(a)
and (b), he will provide his approval, and the mine operator may then
mine within the safety barrier of the well, subject to the terms of
this Order. If well intersection is not planned, the mine operator may
request a permit to reduce the 300-foot diameter of the safety barrier
that does not include intersection of the well. The District Manager
may require documents and information that help verify the accuracy of
the location of the well with respect to the mine maps and mining
projections. This information may include survey closure data, down-
hole well deviation logs, historical well intersection location data
and any additional data required by the District Manager. If the
District Manager determines that the proposed barrier reduction is
reasonable, he will provide his approval, and the mine operator may
then mine within the safety barrier of the well.
(3) Prior to mining within the safety barrier around any well that
the mine plans to intersect, the mine operator shall provide to the
District Manager a sworn affidavit or declaration executed by a company
official with appropriate authority stating that all mandatory
procedures for cleaning out, preparing, and plugging each gas or oil
well have been completed as described by the terms and conditions of
this order.
(4) The affidavit or declaration must be accompanied by all logs
described in (b)(8) and (b)(9) and any other records, described in
those subparagraphs, the District Manager may request. The District
Manager will review the affidavit or declaration, the logs and any
other records provided, and may inspect the well itself, and will then
determine if the operator has complied with the procedures for cleaning
out, preparing, and plugging each well as described by the terms and
conditions of this Order.
(5) The terms and conditions of this petition apply to all types of
underground coal mining.
(b) The petitioner proposes to use the following mandatory
procedures for cleaning out and preparing vertical oil and gas wells
prior to plugging or re-plugging.
(1) The mine operator shall test for gas emissions inside the hole
before cleaning out, preparing, plugging, and re-plugging oil and gas
wells. The District Manager shall be contacted if gas is being
produced.
(2) A diligent effort shall be made to clean the well to the
original total depth. The mine operator shall contact the District
Manager prior to stopping the operation to pull casing or clean out the
total depth of the well.
(3) If the total depth of the well is less than 4,000 feet and the
total depth cannot be reached, the operator shall completely clean out
the well from the surface to at least 200 feet below the base of the
lowest mineable coal seam, unless the District Manager requires
cleaning to a greater depth based on his judgment as to what is
required due to the geological strata, or due to the pressure within
the well.
(4) The operator shall provide the District Manager with all
information it possesses concerning the geological nature of the strata
and the pressure of the well.
(5) If the total depth of the well is 4,000 feet or greater, the
operator shall completely clean out the well from the surface to at
least 400 feet below the base of the lowest mineable coal seam to
provide a higher degree of protection for miners, in light of the
greater pressure on wells of greater depth. The operator shall remove
all material from the entire diameter of the well, wall to wall.
(6) If the total depth of the well is unknown and there is no
historical information, the mine operator must contact the District
Manager before proceeding.
(7) The operator shall prepare down-hole logs for each well. Logs
shall consist of a caliper survey, a gamma log, a bond log and a
deviation survey for determining the top, bottom, and thickness of all
coal seams down to the lowest minable coal seam, 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) When cleaning out the well as provided for in (b)(2), the
operator shall make a diligent effort to remove all of the casing from
the well. After the well is completely cleaned out and all the casing
removed, the well should be plugged to the total depth by pumping
expanding cement slurry and pressurizing to at least 200 pounds per
square inch (psi). If the casing cannot be removed, it must be cut,
milled, perforated or ripped at all mineable coal seam levels to
facilitate the removal of any remaining casing in the coal seam by the
mining equipment. Any casing
[[Page 16236]]
which remains shall be perforated or ripped to permit the injection of
cement into voids within and around the well.
(9) All casing remaining at mineable coal seam levels shall be
perforated or ripped at least every 5 feet from 10 feet below the coal
seam to 10 feet above the coal seam. Perforations or rips are required
at least every 50 feet from 200 feet (400 feet if the total well depth
is 4,000 feet or greater) below the base of the lowest mineable 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.
(10) If it is not possible to remove all of the casing, the
operator shall notify the District Manager before any other work is
performed. If the well cannot be cleaned out or the casing cannot be
removed, the operator shall prepare the well as described, from the
surface to at least 200 feet below the base of the lowest mineable coal
seam, for wells less than 4,000 feet in depth, and 400 feet below the
lowest mineable coal seam, for wells 4,000 feet or greater, unless the
District Manager requires cleaning out and removal of casing to a
greater depth in consideration of geological strata, or due to the
pressure within the well.
(11) If the operator, using a casing bond log, can demonstrate to
the satisfaction of the District Manager that all annuli in the well
are already adequately sealed with cement, then the 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 that 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.
(12) If the District Manager concludes that the completely cleaned-
out well is emitting excessive amounts of gas, the operator must place
a mechanical bridge plug in the well. It must be placed in a competent
stratum at least 200 feet (400 feet if the total well depth is 4,000
feet or greater) 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 due to the
pressure within the well. The operator shall provide the District
Manager with all information the operator 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 carbon producing strata.
(13) If the upper-most hydrocarbon-producing stratum is within 300
feet of the base of the lowest minable coal seam, the operator shall
properly place mechanical bridge plugs as described in (b)(11) to
isolate the hydrocarbon-producing stratum from the expanding cement
plug. Nevertheless, the operator shall place a minimum of 200 vertical
feet (400 feet if the total well depth is 4,000 feet or greater) of
expanding cement below the lowest mineable 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) Mandatory Procedures for Plugging or Re-Plugging Oil or Gas
Wells to the Surface. After completely cleaning out the well as
specified in (b), the following procedures shall be used to plug or re-
plug wells:
(1) The operator shall pump expanding cement slurry down the well
to form a plug which runs from at least 200 feet (400 feet if the total
well depth is 4,000 feet or greater) below the base of the lowest
mineable coal seam (or lower if required by the District Manager based
on his judgment that a lower depth is required due to the geological
strata, or due to the pressure within the well) to the surface. The
expanding cement will be placed in the well under a pressure of at
least 200 psi. Portland cement or a lightweight cement mixture may be
used to fill the area from 100 feet above the top of the uppermost
mineable coal seam (or higher if required by the District Manager based
on his judgment that a higher distance is required due to the
geological strata, or due to the pressure within the well) to the
surface.
(2) The 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 American Petroleum Institute
(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 mandatory
procedures for plugging or re-plugging oil and gas wells for use as
degasification wells. After completely cleaning out the well as
specified in (b), the following procedures shall be utilized when
plugging or re-plugging wells that are to be used as degasification
wells:
(1) The operator shall set a cement plug in the well by pumping an
expanding cement slurry down the tubing to provide at least 200 feet
(400 feet if the total well depth is 4,000 feet or greater) of
expanding cement below the lowest mineable coal seam, unless the
District Manager requires a greater depth based on his judgment that a
greater depth is required due to the geological strata, or due to the
pressure within the well.
(i) The expanding cement will be placed in the well under a
pressure of at least 200 psi.
(ii) The top of the expanding cement shall extend at least 50 feet
above the top of the coal seam being mined, unless the District Manager
requires a greater distance due to the geological strata, or due to the
pressure within the well.
(2) The operator shall securely grout into the bedrock of the upper
portion of the degasification well a suitable casing in order to
protect it. The remainder of this well may be cased or uncased.
(3) The operator shall fit the top of the degasification casing
with a wellhead equipped as required by the District Manager in the
approved ventilation plan. Such equipment may include check valves,
shut-in valves, sampling ports, flame arrestor equipment, and security
fencing.
(4) Operation of the degasification well shall be addressed in the
approved ventilation plan. This may include periodic tests of methane
levels and limits on the minimum methane concentrations that may be
extracted.
(5) After the area of the coal mine that is degassed by a well is
sealed or the coal mine is abandoned, the operator must plug all
degasification wells using the following procedures:
(i) The operator shall insert a tube to the bottom of the well or,
if not possible, to within 100 feet above the coal seam being mined.
Any blockage must be removed to ensure that the tube can be inserted to
this depth.
(ii) The operator shall set a cement plug in the well by pumping
Portland cement or a lightweight cement mixture down the tubing until
the well is filled to the surface.
(iii) The operator shall embed steel turnings or other small
magnetic particles in the top of the cement near the surface to serve
as a permanent
[[Page 16237]]
magnetic monument of the well. In the alternative, a 4-inch or larger
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.
(e) The petitioner proposes to use the following mandatory
alternative procedures for preparing and plugging or re-plugging oil or
gas wells. The following provisions apply to all wells which the
operator determines, and with which the MSHA District Manager agrees,
cannot be completely cleaned out due to damage to the well.
(1) The operator shall drill a hole adjacent and parallel to the
well, to a depth of at least 200 feet (400 feet if the total well depth
is 4,000 feet or greater) below the lowest mineable coal seam, unless
the District Manager requires a greater distance due to the geological
strata, or due to the pressure within the well.
(2) The operator shall use a geophysical sensing device to locate
any casing which may remain in the well.
(3) If the well contains casing(s), the operator shall drill into
the well from the parallel hole. From 10 feet below the coal seam to 10
feet above the coal seam, the operator shall perforate or rip all
casings at least every 5 feet. Beyond this distance, the operator shall
perforate or rip at least every 50 feet from at least 200 feet (400
feet if the total well depth is 4,000 feet or greater) below the base
of the lowest mineable coal seam up to 100 feet above the seam being
mined, unless the District Manager requires a greater distance based on
his judgment that a greater distance is required due to the geological
strata, or due to the pressure within the well. The operator shall fill
the annulus between the casings and between the casings and the well
wall with expanding (minimum 0.5% expansion upon setting) cement and
shall ensure that these areas contain no voids. If the operator, using
a casing bond log, can demonstrate to the satisfaction of the District
Manager that the annulus of the well is adequately sealed with cement,
then the operator will not be required to perforate or rip the casing
for that particular well, or fill these areas with cement. When
multiple casing and tubing strings are present in the coal horizon(s),
any casing, which remain, 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.
(4) Where the operator determines, and the District Manager agrees,
that there is insufficient casing in the well to allow use of the
method outlined in subparagraph (e)(3), then the operator shall use a
horizontal hydraulic fracturing technique to intercept the original
well. From at least 200 feet (400 feet if the total well depth is 4,000
feet or greater) below the base of the lowest mineable coal seam to a
point at least 50 feet above the seam being mined, the operator shall
fracture in at least six places, at intervals agreed upon by the
operator and the District Manager after considering the geological
strata and the pressure within the well. The operator shall then pump
expanding cement into the fractured well in sufficient quantities and
in a manner which fills all intercepted voids.
(5) The operator shall prepare down-hole logs for each well. Logs
shall consist of a caliper survey, a gamma log, a bond log and a
deviation survey for determining the top, bottom, and thickness of all
coal seams down to the lowest minable coal seam, potential hydrocarbon
producing strata and the location of any existing bridge plug. The
operator may obtain the logs from the adjacent hole rather than the
well if the condition of the well makes it impractical to insert the
equipment necessary to obtain the log.
(6) 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; other pertinent information concerning 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.
(7) After the operator has plugged the well as described in (e)(3)
and/or (e)(4), the operator shall plug the adjacent hole, from the
bottom to the surface, with Portland cement or a lightweight cement
mixture. The operator shall embed steel turnings or other small
magnetic particles in the top of the cement near the surface to serve a
permanent magnetic monument of the well. In the alternative, a 4-inch
or larger casing, set in cement, shall extend at least 36 inches above
the ground level. A combination of the methods outlined in (e)(3) and
(e)(4) may have to be used in a single well, depending upon the
conditions of the hole and the presence of casings. The operator and
the District Manager shall discuss the nature of each hole. The
District Manager may require that more than one method be utilized. The
mine operator may submit an alternative plan to the District Manager
for approval to use different methods to address wells that cannot be
completely cleaned out. The District Manager may require additional
documentation and certification by a registered petroleum engineer to
support the proposed alternative methods.
(f) The petitioner proposes to use the following mandatory when
mining within a 100-foot diameter barrier around a well.
(1) A representative of the 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 or re-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 operator shall intersect a well on a shift approved by the
District Manager. The operator shall notify the District Manager and
the miners' representative in sufficient time prior to intersecting a
well in order to provide an opportunity to have representatives
present.
(3) When using continuous mining methods, the operator shall
install drivage sights 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.
(4) The operator shall ensure that fire-fighting equipment
including fire extinguishers, rock dust, and sufficient fire hose to
reach the working face area of the well intersection (when either the
conventional or continuous mining method is used) 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 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.
(5) The 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
[[Page 16238]]
the immediate area of the well intersection.
(6) Within 12 hours prior to intersecting the well, the 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 be examined and any deficiencies corrected.
(7) The operator shall calibrate the methane monitor(s) on the
longwall, continuous mining machine, or cutting machine and loading
machine within 12 hours prior to intersecting the well.
(8) When mining is in progress, the operator shall perform tests
for methane with a handheld methane detector at least every 10 minutes,
from the time that mining with the continuous mining machine 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. The 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. When the well is
intersected, the operator shall deenergize all equipment, and
thoroughly examine and determine the area to be safe before permitting
mining to resume.
(10) 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.
(11) 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 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.
(12) Non-sparking (brass) tools will be located on the working
section and will be used exclusively to expose and examine cased wells.
(13) 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.
(14) The 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.
(15) The well intersection shall be under the direct supervision of
a responsible person. Instructions concerning the well intersection
shall be issued only by the certified individual in charge.
(16) If the mine operator cannot find the well in the middle of the
panel or room and misses the anticipated intersection, mining shall
cease and the District Manager shall be notified.
(17) The provisions of this Decision and Order 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 operator, which order shall include the basis for
the order. 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.
(18) A copy of this Petition shall be maintained at the mine and be
available to the miners.
(19) 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.
(20) All necessary safety precautions and safe practices required
by MSHA regulation and by State agencies that have jurisdiction over
the plugging site still apply and shall be followed to provide the
upmost protection to the miners involved in the process.
(21) All miners involved in the plugging or re-plugging operation
will be trained on the contents of this petition prior to starting the
process and a copy of this petition will be posted at the well site
until the plugging or re-plugging has been completed.
(22) 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.
(23) Within 30 days after this Decision and Order becomes final,
the 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 operator
shall provide all miners involved in well intersection with training on
the requirements of this Decision and Order prior to mining within 150
feet of the next well intended to be mined through.
(24) 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.
(25) Within 30 days after this Decision and Order becomes final,
the operator shall submit proposed revisions for its approved mine
emergency evacuation and firefighting program of instruction required
under 30 CFR 75.1502. The 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 procedure as specified in
30 CFR 48.3 for approval of proposed revisions to already approved
training plans shall apply.
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 applicable standard.
Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-05997 Filed 3-21-22; 8:45 am]
BILLING CODE 4510-43-P
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</html>Indexed from Federal Register on March 22, 2022.
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.