Notice2024-23246
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
October 8, 2024
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 Rockwell Mining LLC.
Full Text
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<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
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[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81567-81572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23246]
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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
Rockwell Mining LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before November 7, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
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-2024-0029.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#a5d5c0d1ccd1cccacbc6cac8c8c0cbd1d6e5c1cac98bc2cad3"><span class="__cf_email__" data-cfemail="502035243924393f3e333f3d3d353e242310343f3c7e373f26">[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, 4th Floor West. 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
[[Page 81568]]
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#f3a396879a879a9c9d80959c819e9c979a959a9092879a9c9db3979c9fdd949c85"><span class="__cf_email__" data-cfemail="247441504d504d4b4a57424b56494b404d424d4745504d4b4a64404b480a434b52">[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-2024-012-C.
Petitioner: Rockwell Mining, LLC, 4619 Bolt Road, Bolt, WV 25817.
Mine: Eagle #3 Mine, MSHA ID No. 46-09427, located in Wyoming
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 as it relates to oil and gas wells at the mine.
Specifically, the petitioner is petitioning to mine within the 300-feet
barrier established by 30 CFR 75.1700.
The petitioner states that:
(a) Rockwell operates one continuous miner super section with two
continuous miners. The mining is in the lower Eagle seam. There is no
undermining at Eagle #3 mine. In the area of the gas wells, there is
overmining in the No. 2 gas seam by Kopperston No. 2 mine. There is
over mining in the Upper Eagle seam but not in the area of the wells.
(b) The planning and configuration of a set of the mains entries is
between two abandoned mines. Such mains will encounter three and
perhaps more gas wells drilled through lower Eagle coal seam. One such
well is active and two are abandoned. All such wells will need to be
plugged so that they can be mined through.
(c) Rockwell expects to encounter such wells within 6 months.
(d) The petition addresses items for which District Manager
approval is required: 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 procedures after approval has been granted to mine
through a plugged or re- plugged well.
(e) The type of oil or gas well that will be considered under this
Petition includes: wells that have been depleted of oil or gas
production or have not produced oil or gas and that may have been
plugged; or active conventional vertical wells which are not producing
gas or oil, subject to the provisions below. Unconventional wells in
the Marcellus or Utica and all other unconventional shale oil and gas
wells are not subject to this modification. Nothing in these provisions
is meant to lessen, diminish, or substitute any provision found in
applicable state laws or regulations.
(f) Although some gas wells were present in the northern reserve,
the mine plan includes the use and maintenance of barriers in
accordance with state and federal regulations. At that time, the mine
reserve was large enough to allow for mining ``around'' the established
barriers. Now that mining in the northern reserve has been exhausted,
the additional mining will be completed in the southern portion of the
reserve. The mine is actively developing a new center ridge corridor
between an older abandoned mine (Ranger Fuel Corp. E- Mine) and the
coal seam outcrop. Maintaining a 300-foot barrier in this area makes it
impossible to gain access to the remaining reserves in the mine. The
map titled ``Eagle No. 3 Mine--MINE MAP'' shows the current mining in
this area with the projected mining inby the gas wells. The corridor
development will cease at break 29 until a Proposed Decision and Order
(PDO) is granted by MSHA. Until such time, the active producing section
(MMU-001 and MMU-002) will relocate to a small reserve area outby the
active faces. Rockwell Mining, LLC, is submitting a petition for
modification to allow for the plugging of and mining through these gas
wells and to significantly reduce the barrier and mine around the
wells, if possible. The alternative method of plugging the wells shall
not compromise the protection to miners. The plugging of wells to this
excepted standard ensures the safety of our miners and extends the life
of the mine. Without the ability to extend the corridor to the south,
the mine will cease operations sooner than anticipated, after it has
exhausted the reserves outby break 29.
(g) The alternative method provides an equivalent level of
protection as many previous petitions. It permits identification of
wells and contains provisions that prevent the introduction of methane
or natural gas within the mine by appropriate and extensive plugging of
the wells. Additional precautions provide for the detection of gas and
the prevention of accumulations of gas with oversight by MSHA.
The petitioner proposes the following alternative method:
(a) 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,
previously plugged wells, water injection wells, and carbon dioxide
sequestration wells) until approval to proceed with mining has been
obtained from the District Manager.
(b) Prior to mining within the 300-feet 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 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 the PDO granted by MSHA.
The affidavit or declaration must be accompanied by all logs described
in the PDO granted by MSHA and any other records that the District
Manager may request. Once approved by the District Manager, the mine
operator may mine within the safety barrier of the well, subject to the
terms of the PDO granted by MSHA.
(c) If well intersection is not planned, the mine operator may
request a permit to reduce the 300-feet 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, including survey closure data, down-hole well deviation
logs, historical well intersection location data. If the District
Manager approves,
[[Page 81569]]
the mine operator may then mine within the safety barrier of the well.
(d) In the event an uncharted well is inadvertently mined into,
mining shall cease immediately on the section, electrical power shall
be deenergized in the affected area, and MSHA shall be notified
immediately via the emergency phone number posted on MSHA's website for
reporting of this hazardous condition. In addition to its potential for
liberating methane, the well may also be an open connection from the
mine to the surface that presents a hazard to the mine and the
environment. The District will respond with a timely investigation,
issue a K Order if needed, and allow resumption of mining once a
suitable action plan is in place.
(e) The terms and conditions of the PDO granted by MSHA shall apply
to all types of underground coal mining.
(f) The following procedures shall be followed 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. If this depth cannot be reached, and the total
depth of the well is less than 4,000 feet, 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 the geological
strata or pressure within the well. 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. 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. The operator shall
remove all material from the entire diameter of the well, wall to wall.
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.
(3) 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 section where casing was cut
or milled; and other pertinent information concerning cleaning and
sealing the well. Invoices, workorders, and other records relating to
all work on the well shall be maintained as part of the logs and
provided to MSHA upon request.
(4) When cleaning out the well as detailed in subparagraph (f)(2),
the operator shall make a diligent effort to remove all of the casing
in 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 which remains shall be perforated or
ripped to permit the injection of cement into voids within and around
the well. 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.
(5) 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 shall take
appropriate steps to ensure that the annulus between the casing and the
well walls are filled with expanding (minimum 0.5 percent expansion
upon setting) cement and contain no voids.
(6) 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 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 based on
geological strata or the pressure within the well.
(7) 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, 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 remaining casing shall be ripped or perforated; then it shall be
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.
(8) 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 geological
strata the pressure within the well. 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. If it is
not possible to set a mechanical bridge plug, an appropriately sized
packer shall be used. The mine operator shall document what has been
done to ``kill the well'' and plug the carbon producing strata.
(9) 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 subparagraph
(f)(8) to isolate the hydrocarbon- producing stratum from the expanding
cement plug. The operator shall place a minimum of 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 distance based on the geological strata or the
pressure within the well.
(g) The following procedures shall be followed for plugging or re-
plugging oil or gas wells to the surface after completely cleaning out
the well as previously specified:
(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 the geological strata or the pressure within the well) to the
[[Page 81570]]
surface. The expanding cement shall be placed in the well under a
pressure of at least 200 psi.
(2) Portland cement or a lightweight cement mixture shall 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 that a higher
distance is required due to the geological strata or the pressure
within the well) to the surface.
(3) 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) shall be
required.
(h) The following procedures shall be followed for plugging or re-
plugging oil and gas wells for use as degasification wells after
completely cleaning out the well as previously specified:
(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 the geological
strata or the pressure within the well. The expanding cement shall be
placed in the well under a pressure of at least 200 psi. 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 based on the geological strata or 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 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 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.
(i) 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 caused by subsidence,
caving, or other factors.
(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 depth based on the geological
strata or 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
the geological strata or 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 percent 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 shall 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 remains shall be ripped or
perforated and filled with expanding cement as indicated. An acceptable
casing bond log for each casing and tubing string shall be made if this
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 the method
outlined to be used, 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 to be agreed upon by the operator and the District
Manager after considering the geological strata and the pressure within
the well. The operator shall 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 that describes: 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 sealing the
well. Invoices, workorders, 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, 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
[[Page 81571]]
of the cement near the surface to serve as 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 previously 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 and if the District Manager requires
more than one method be utilized. The mine operator may submit an
alternative plan to the District Manager for approval to use different
methods including certification by a registered petroleum engineer to
support the proposed alternative methods to address wells that cannot
be completely cleaned out.
(j) The following procedures shall be followed when mining within a
100-feet 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. 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 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. 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) 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. When the longwall mining method is used, a
hose to the longwall water supply is sufficient.
(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 the immediate area of the well
intersection.
(6) On the shift 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 on the shift 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 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 shall be
conducted while the shearer is idle. The operator's most current
approved ventilation plan shall be followed at all times unless the
District Manager requires a greater air velocity for the intersect.
(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, rock dusting 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 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) When necessary, torches shall 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 percent 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.
(13) Non-sparking (brass) tools shall be located on the working
section and shall be used exclusively to expose and examine cased
wells.
(14) No person shall be permitted in the area of the well
intersection except those engaged in the operation, company personnel,
representatives of the miners, personnel from MSHA, and personnel from
the appropriate State agency.
(15) 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.
(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 middle of the
panel or a gate section misses the anticipated intersection, mining
shall cease and the District Manager shall be notified.
(18) A copy of the PDO granted by MSHA 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 shall remain subject to the barrier requirements of 30 CFR
75.1700.
(20) All necessary safety precautions and safe practices required
by MSHA regulations and State regulatory agencies having jurisdiction
over the plugging site shall be followed.
(21) All miners involved in the plugging or re-plugging operations
shall be trained on the contents of the PDO granted by MSHA prior to
starting the process.
(22) Mechanical bridge plugs should incorporate the best available
technologies required or recognized by the State regulatory agency and/
or oil and gas industry.
[[Page 81572]]
(23) Within 30 days after the PDO granted by MSHA 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 PDO granted by MSHA. The operator
shall provide all miners involved in well intersection with training on
the requirements of the PDO granted by MSHA prior to mining within 150
feet of a well intended to be mined through.
(24) The responsible person required under 30 CFR 75.1501 shall be
responsible for well intersection emergencies. The well intersection
procedures shall be reviewed by the responsible person prior to any
planned intersection.
(25) Within 30 days after the PDO granted by MSHA 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 shall revise the program of
instruction to include the hazards and evacuation procedures to be used
for well intersections. All underground miners shall be trained in this
revised plan within 30 days of submittal.
(k) The miners at the Eagle #3 mine are not represented by a labor
union and do not have a miner's representative. The petition is posted
at the mine.
In support of the proposed alternative method, the petitioner has
also submitted: mine maps indicating well locations, current mining in
the area and projected mining inby the gas wells; well production
records and charts; schematics showing general cross-sections of casing
and tubing; and other relevant facts.
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. 2024-23246 Filed 10-7-24; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on October 8, 2024.
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.