Notice2022-12040
Petition for Modification of Application of Existing Mandatory Safety Standards
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
June 6, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a 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 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34307-34309]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12040]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a 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 July 6, 2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0029 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-2022-0029.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#1c6c796875687573727f7371717972686f5c787370327b736a"><span class="__cf_email__" data-cfemail="b9c9dccdd0cdd0d6d7dad6d4d4dcd7cdcaf9ddd6d597ded6cf">[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, 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.
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#5f0f3a2b362b3630312c39302d32303b3639363c3e2b3630311f3b303371383029"><span class="__cf_email__" data-cfemail="c797a2b3aeb3aea8a9b4a1a8b5aaa8a3aea1aea4a6b3aea8a987a3a8abe9a0a8b1">[email protected]</span></a> (email), or 202-693-9441 (fax). [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-2022-008-C.
Petitioner: Panther Creek Mining LLC, 250 West Main Street, Suite
2000, Lexington, Kentucky 40507.
Mine: Sycamore Surface Mine, MSHA ID No. 43-07058, located in
Fayette County, West Virginia.
Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
Modification Request: The petitioner requests a modification of 30
CFR 75.1700 to permit plugging a gas well.
The petitioner states that:
(a) The mine is located at Tom's Branch/Sycamore Creek of the Cabin
Creek District.
(b) The Lower Chilton seam will be the last seam mined on the
ridge, and the mining is projected to extend west towards the end of
the ridge of the mine permit. Well # 70 is in the middle of the ridge
and will impede the mining on the ridge if it is not plugged and mined
through.
(c) The gas well depth extends approximately 3,800 feet below the
Lower Chilton seam.
The petitioner proposes the following alternative method:
(a) Prior to plugging an oil or gas well, the following procedure
for cleaning out and preparing oil and gas wells shall be followed:
(1) A diligent effort shall be made to clean the borehole to the
original total depth. If this depth cannot be reached, the borehole
shall be cleaned out to a depth which would permit the placement of at
least 400 feet of expanding cement below the base of the lowest minable
coalbed.
(2) When cleaning the borehole, a diligent effort shall be made to
remove all the casing in the borehole. If it is not possible to remove
all casing, the casing which remains shall be perforated, or ripped, at
intervals spaced close enough to permit expanding cement slurry to
infiltrate the annulus between the casing and the borehole wall for a
distance of at least 200 feet below the base of the lowest minable
coalbed.
(3) If the cleaned-out borehole produces gas, a mechanical bridge
plug shall be placed in the borehole in a competent stratum at least
200 feet below the base of the lowest minable coalbed, but above the
top of the uppermost hydrocarbon producing stratum. If it is not
possible to set a mechanical bridge plug, a substantial brush plug may
be used in place of the mechanical bridge plug.
(4) A suite of logs shall be made consisting of: a caliper survey
directional deviation survey; and log(s) suitable for determining the
top and bottom of the lowest minable coalbed and potential hydrocarbon
producing strata and the location for the bridge plug.
(5) If the uppermost hydrocarbon-producing stratum is within 200
feet of the base of the lowest minable coalbed, properly placed
mechanical bridge plugs or a suitable brush plug described in section
(a)(3) shall be used to isolate the hydrocarbon producing stratum from
the expanding cement plug. Nevertheless, a minimum of 200 feet of
expanding cement shall be placed below the lowest minable coalbed.
(6) The wellbore shall be filled and circulated with a gel that
inhibits any flow of gas, supports the walls of the borehole, and
densities the expanding cement. This gel shall be pumped through open
end tubing run to a point
[[Page 34308]]
approximately 20 feet above the bottom of the cleaned-out area of the
borehole or bridge plug.
(b) While gas or oil wells to the surface are plugged, the
following procedures shall be utilized:
(1) A cement plug shall be set in the wellbore by pumping an
expanding cement slurry down the tubing to displace the gel and fill
the borehole to the surface. (As an alternative, the cement slurry may
be pumped down the tubing so that the borehole is filled with Portland
cement or a Portland cement/fly ash mixture from a point approximately
100 feet above the top of the lowest minable coalbed to the surface
with an expanding cement plug extending from at least 200 feet below
the lowest minable coalbed to the bottom of the Portland cement.) There
shall be at least 200 feet of expanding cement below the base of the
lowest mineable coalbed.
(2) A small quantity of steel turnings, or other small magnetic
particles, shall be embedded in the top of the cement near the surface
to serve as a permanent magnetic monument of the borehole.
(c) When the vent pipe method is used for plugging oil and gas
wells, the following procedures shall be utilized:
(1) A 4\1/2\ inch or larger vent pipe shall be run into the
wellbore to a depth of 100 feet below the lowest minable coalbed and be
wedged to a smaller diameter pipe, if desired, which will extend to a
point approximately 20 feet above the bottom of the cleaned-out area of
the borehole or bridge plug.
(2) A cement plug shall be set in the wellbore by pumping an
expanding cement slurry, Portland cement, or a Portland cement fly ash
mixture down the tubing to displace the gel so that the borehole is
filled with cement. The borehole and the vent pipe shall be filled with
expanding cement for a minimum of 200 feet below the base of the lowest
minable coalbed. The top of the expanding cement shall extend upward to
a point approximately 100 feet above the top of the lowest minable
coalbed.
(3) All fluid shall be evacuated from the vent pipe to facilitate
testing for gases. During the evacuation of fluid, the expanding cement
shall not be disturbed.
(4) The top of the vent pipe shall be protected to prevent liquids
or solids from entering the wellbore but shall permit ready access to
the full internal diameter of the vent pipe when necessary.
(d) The following procedures shall be utilized when oil or gas
wells are plugged for subsequent use as degasification boreholes:
(1) A cement plug shall be set in the wellbore by pumping an
expanding cement slurry down the tubing to displace the gel and provide
at least 200 feet of expanding cement below the lowest minable coalbed.
The top of the expanding cement shall extend upward to a point above
the top of the coalbed being mined. This distance shall be based on the
average height of the roof strata breakage for the mine.
(2) To facilitate methane drainage, degasification casing of
suitable diameter, slotted or perforated throughout its lower 150 to
200 feet, shall be set in the borehole to a point 10 to 30 feet above
the top of the expanding cement.
(3) The annulus between the degasification casing and the borehole
wall shall be cemented from a point immediately above the slots or
perforations to the surface.
(4) The degasification casing shall be cleaned out for its total
length.
(5) The top of the degasification casing shall be fitted with a
wellhead equipped as required by the District Manager. Such equipment
may include check valves, shut in valves, sampling ports, flame
arrestor equipment, and security fencing.
(e) The well-plugging procedures described in previous sections and
the following cut through procedures apply whenever the petitioner
reduces the safety barrier diameter to a distance less than the
District Manager would approve, pursuant to 30 CFR 75.1700, or whenever
the petitioner proceeds with an intent to cut through a plugged well:
(1) Prior to reducing the safety barrier to a distance less than
the District Manager would approve pursuant to 30 CFR 75.1700 or
proceeding with an intent to cut through a plugged well, the operator
shall notify the District Manager or his designee.
(2) The MSHA District Manager or designee shall conduct a
conference prior to mining through any plugged well to review and
approve the specific procedures for mining through the well.
Representatives of the operator, the representative of the miners, and
the appropriate State agency shall be informed, within a reasonable
time prior to the conference, and be given an opportunity to attend and
participate. This meeting may be called by the operator.
(3) Mining through a plugged well shall be done on a shift approved
by the District Manager or designee.
(4) The District Manager or designee, representative of the miners,
and the appropriate State agency shall be notified by the operator in
sufficient time prior to the mining through operation in order to have
an opportunity to have representatives present.
(5) When using continuous mining equipment, drivage sights shall be
installed 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, drivage
sights shall be installed on 10-foot centers for a distance of 50 feet
in advance of the well bore. The drivage sights shall be installed in
the headgate and tailgate.
(6) Firefighting equipment, including the fire extinguishers, rock
dust, and sufficient fire hoses that reach the working face area of the
mining through shall be available when either the conventional or
continuous mining method is used. The fire hoses shall be in the last
open crosscut of the entry or room. All fire hoses shall be ready for
operation during the mining through.
(7) Sufficient supplies of roof support and ventilation materials
shall be available and located at the last open crosscut. In addition,
an emergency plug and/or plugs shall be available in the immediate area
of the mine through.
(8) At least the quantity of air required by the approved mine
ventilation plan, but not less than 6,000 cubic feet of air per minute
for scrubber equipped continuous miners or not less than 9,000 cubic
feet per minute for continuous miner sections using auxiliary fans or
line brattice only, shall be used to ventilate the working face during
the mining through operation. The quantity of air required by the
ventilation plan, but not less than 30,000 cfm, shall reach the working
face of each longwall during the mine-through operation.
(9) Equipment shall be checked for permissibility and serviced on
the shift prior to mining through the well and the water line
maintained to the tail piece with enough fire hose to reach the
farthest point of penetration on the section.
(10) The methane monitor on the continuous mining machine shall be
calibrated on the shift prior to mining through the well.
(11) When mining is in progress, tests for methane shall be made
with a handheld methane detector at least every 10 minutes from the
time when the mining with the continuous mining machine is within 30
feet of the well until the well is intersected and immediately prior to
mining through. When mining with longwall mining equipment, the tests
for methane shall be made at least every 10 minutes when the longwall
face is withing 30 feet of
[[Page 34309]]
the well. During the actual cutting through process, no individual
shall be allowed on the return side until mining through has been
completed and the area has been examined and declared safe.
(12) When using continuous 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 mining through or near the well on the shift or shifts
during which the cut through will occur. On longwall sections rock
dusting shall be conducted and placed on the roof, rib, and floor up to
both headgate and tailgate gob.
(13) When the wellbore is intersected, all equipment shall be
deenergized and the place thoroughly examined and determined safe
before mining is resumed. Any well casing shall be removed, and no open
flame shall be permitted in the area until adequate ventilation has
been established around the wellbore.
(14) After a well has been intersected and the working place
determined safe, mining shall continue in-by the well a sufficient
distance to permit adequate ventilation around the area of the
wellbore.
(15) No person shall be permitted in the area of the mining-through
operation except those engaged in the operation, company personnel,
representatives of the miners, personnel from MSHA, and personnel from
the appropriate State agency.
(16) The mining-through operation shall be under the direct
supervision of a certified official. Instructions concerning the
mining-through operation shall be issued only by the certified official
in charge.
(17) MSHA personnel may interrupt or halt the mining-through
operation when it is necessary for the safety of the miners.
(18) A copy of the petition shall be maintained at the mine and be
available to the miners.
(19) The Petitioner shall file a plugging affidavit setting forth
the persons who participated in the work, a description of the plugging
work, and a certification by the Petitioner that the well has been
plugged as described.
(20) The Petitioner shall submit proposed revisions for its
approved 30 CFR 48 training plan to the Coal Mine Safety and Health
District Manager. These proposed revisions shall include initial and
refresher training.
(f) This petition for modification applies to all types of mining
such as continuous miner sections continuous mining utilizing mobile
bridge, and longwall.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-12040 Filed 6-3-22; 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.