Petition for Modification of Application of Existing Mandatory Safety Standards, 51679-51683 [2021-19992]
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices
Dated: September 10, 2021.
Mara Blumenthal,
Senior PRA Analyst.
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.
[FR Doc. 2021–19994 Filed 9–15–21; 8:45 am]
BILLING CODE 4510–FP–P
I. Background
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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 October 18, 2021.
ADDRESSES: You may submit your
comments including the docket number
of the petition by any of the following
methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. 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:
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. 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. 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:
Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Senk.Jessica@dol.gov
(email), or 202–693–9441 (facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
SUMMARY:
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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–2021–030–C.
Petitioner: Rosebud Mining Company,
301 Market Street, Kittanning,
Pennsylvania (ZIP 16201).
Mine: Heilwood Mine, MSHA ID No.
36–09407, located in Indiana County,
Pennsylvania.
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 replugging 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 replugged well.
The petitioner states that:
(a) The Heilwood Mine is opened into
the Lower Kittanning Coal seam and
accesses the Brookville coal seam via an
inter mine slope. Coal is produced in
one underground section using a
continuous mining machine and a
continuous haulage system. The mine
operates one production shift per day, 5
to 6 days per week, producing an
average of 800 tons of raw coal per day.
The mine employs 20 persons
underground and 5 on the surface.
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(b) The Heilwood Mine uses a room
and pillar method of mining. A
continuous miner with attached haulage
develops main entries. After the mains
are established butts, rooms, and/or
panels are developed off of the mains.
The length of the rooms and/or panels
can typically extend a distance of 600
feet to over 6,000 feet, depending on
permit boundaries, projections, and
conditions.
(c) The Heilwood Mine permit
contains oil or gas wells that have been
depleted of oil or gas production,
producing wells, and oil or gas wells
that have not produced oil or gas and
may have been plugged. These wells
would alter the mining projections for
the life of the mine and not allow for the
most efficient use of air available to the
mine if the barrier established by 30
CFR 75.1700 were to remain in place.
The petitioner proposes the following
alternative method:
(a) District Manager’s approval is
required.
(1) 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, have not
produced oil or gas and may have been
plugged, and active wells. No Marcellus
and Utica wells are contained within
the Heilwood Mine Permit and 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 (to include:
All active, inactive, abandoned, shut-in,
and previously plugged wells; water
injection wells; and carbon dioxide
sequestration wells) until approval to
proceed with mining has been obtained
from the District Manager. Wells that
were 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.
(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 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
Decision and Order.
(4) The affidavit or declaration must
be accompanied by all logs described in
(b)(8) and (b)(9) below and any other
records which the District Manager may
request. The District Manager will
review the affidavit or declaration, the
logs, and any other records, may inspect
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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 the Decision
and Order. If the District Manager
determines that the procedures have
been complied with, he will provide his
approval, and the mine operator may
then mine within the safety barrier of
the well, subject to the terms of the
Decision and 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
documentation that help verify the
accuracy of the location of the well in
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.
(5) The terms and conditions of the
Decision and Order 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 replugging.
(1) The mine operator shall test for gas
emissions inside the hole. 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 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.
(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.
The operator shall remove all material
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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 downhole 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. 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,
ripped, or left in place; any sections
where casing was cut or milled; and
other 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 this journal and provided to
MSHA upon request.
(8) When cleaning out the well as
provided for in (b) above, 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
remaining casing 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
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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.
(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, 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 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 hydrocarbonproducing stratum, unless the District
Manager requires a greater distance. 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 may be used.
The mine operator shall document what
has been done to ‘‘kill the well’’ and
plug the carbon producing strata.
(12) If the upper-most hydrocarbonproducing 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) above to isolate the hydrocarbonproducing 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.
(c) The petitioner proposes to use the
following mandatory procedures for
plugging or re-plugging oil or gas wells
to the surface. After completely cleaning
out the well as specified in (b) above:
(1) The operator shall pump
expanding cement slurry down the well
to form a plug which runs from at least
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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) 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) 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) above, the following
procedures shall be utilized:
(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.
(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.
(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
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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 lightweight cement mixture
down the tubing until the well is drilled
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.
Alternatively, 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 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.
(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. The
operator shall fill the annulus 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
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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 remaining casing 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 the method outlined in (e)(3)
above to be used, 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.
The operator shall then pump
expanding cement into the fractured
well to fill all intercepted voids.
(5) The operator shall prepare downhole 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, ripped, or left in place; any
sections where casing was cut or milled;
and 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)
above, 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
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of the cement near the surface to serve
as a permanent magnetic monument of
the well. Alternatively, 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) above 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 firefighting 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.
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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 are 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 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
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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.
(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
certified individual. 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 the Decision
and Order do not impair the authority
of representatives of MSHA to interrupt
or halt the well intersection and 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.
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 the Decision and Order
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 according to industry
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices
standards, 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.
(21) 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.
(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 the 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 the 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 the 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 mandatory standard.
Jessica Senk,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2021–19992 Filed 9–15–21; 8:45 am]
BILLING CODE 4520–43–P
VerDate Sep<11>2014
16:44 Sep 15, 2021
Jkt 253001
DEPARTMENT OF LABOR
Wage and Hour Division
Minimum Wage for Federal Contracts
Covered by Executive Order 13658,
Notice of Rate Change in Effect as of
January 1, 2022
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:
The Wage and Hour Division
(WHD) of the U.S. Department of Labor
(the Department) is issuing this notice to
announce the applicable minimum
wage rate for workers performing work
on or in connection with federal
contracts covered by Executive Order
13658, Establishing a Minimum Wage
for Contractors (the Executive Order or
the Order), beginning January 1, 2022.
Beginning on that date, the Executive
Order 13658 minimum wage rate that
generally must be paid to workers
performing work on or in connection
with covered contracts will increase to
$11.25 per hour, while the required
minimum cash wage that generally must
be paid to tipped employees performing
work on or in connection with covered
contracts will increase to $7.90 per
hour. Covered contracts that are entered
into on or after January 30, 2022, or that
are renewed or extended (pursuant to an
option or otherwise) on or after January
30, 2022, will be generally subject to a
higher $15.00 minimum wage rate
established by Executive Order 14026 of
April 27, 2021, Increasing the Minimum
Wage for Federal Contractors.
DATES: These new Executive Order
13658 rates shall take effect on January
1, 2022.
FOR FURTHER INFORMATION CONTACT:
Amy DeBisschop, Director, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this notice may be
obtained in alternative formats (Large
Print, Braille, Audio Tape, or Disc),
upon request, by calling (202) 693–0023
(not a toll-free number). TTY/TTD
callers may dial toll-free (877) 889–5627
to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Order 13658 Background
and Requirements for Determining
Annual Increases to the Minimum
Wage Rate
Executive Order 13658 was signed on
February 12, 2014, and raised the hourly
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
51683
minimum wage for workers performing
work on or in connection with covered
federal contracts to $10.10 per hour,
beginning January 1, 2015, with annual
adjustments thereafter in an amount
determined by the Secretary pursuant to
the Order. See 79 FR 9851. The
Executive Order directed the Secretary
to issue regulations to implement the
Order’s requirements. See 79 FR 9852.
Accordingly, after engaging in noticeand-comment rulemaking, the
Department published a Final Rule on
October 7, 2014 to implement the
Executive Order. See 79 FR 60634. The
final regulations, set forth at 29 CFR part
10, established standards and
procedures for implementing and
enforcing the minimum wage
protections of the Order.
Executive Order 13658 and its
implementing regulations require the
Secretary to determine the applicable
minimum wage rate for workers
performing work on or in connection
with covered contracts on an annual
basis, beginning January 1, 2016. See 79
FR 9851; 29 CFR 10.1(a)(2), 10.5(a)(2),
10.12(a). Sections 2(a) and (b) of the
Order establish the methodology that
the Secretary must use to determine the
annual inflation-based increases to the
minimum wage rate. See 79 FR 9851.
These provisions, which are
implemented in 29 CFR 10.5(b)(2),
explain that the applicable minimum
wage determined by the Secretary for
each calendar year shall be:
• Not less than the amount in effect
on the date of such determination;
• Increased from such amount by the
annual percentage increase in the
Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI–W)
(United States city average, all items,
not seasonally adjusted), or its successor
publication, as determined by the
Bureau of Labor Statistics (BLS); and
• Rounded to the nearest multiple of
$0.05.
Section 2(b) of Executive Order 13658
further provides that, in calculating the
annual percentage increase in the CPI–
W for purposes of determining the new
minimum wage rate, the Secretary shall
compare such CPI–W for the most
recent month, quarter, or year available
(as selected by the Secretary prior to the
first year for which a minimum wage is
in effect) with the CPI–W for the same
month in the preceding year, the same
quarter in the preceding year, or the
preceding year, respectively. See 79 FR
9851. To calculate the annual
percentage increase in the CPI–W, the
Department elected in its Final Rule
implementing the Executive Order to
compare such CPI–W for the most
recent year available with the CPI–W for
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]]>Agencies
[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51679-51683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19992]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 October 18, 2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: [email protected]. 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: 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.
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. 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: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (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-2021-030-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania (ZIP 16201).
Mine: Heilwood Mine, MSHA ID No. 36-09407, located in Indiana
County, Pennsylvania.
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 replugging 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.
The petitioner states that:
(a) The Heilwood Mine is opened into the Lower Kittanning Coal seam
and accesses the Brookville coal seam via an inter mine slope. Coal is
produced in one underground section using a continuous mining machine
and a continuous haulage system. The mine operates one production shift
per day, 5 to 6 days per week, producing an average of 800 tons of raw
coal per day. The mine employs 20 persons underground and 5 on the
surface.
(b) The Heilwood Mine uses a room and pillar method of mining. A
continuous miner with attached haulage develops main entries. After the
mains are established butts, rooms, and/or panels are developed off of
the mains. The length of the rooms and/or panels can typically extend a
distance of 600 feet to over 6,000 feet, depending on permit
boundaries, projections, and conditions.
(c) The Heilwood Mine permit contains oil or gas wells that have
been depleted of oil or gas production, producing wells, and oil or gas
wells that have not produced oil or gas and may have been plugged.
These wells would alter the mining projections for the life of the mine
and not allow for the most efficient use of air available to the mine
if the barrier established by 30 CFR 75.1700 were to remain in place.
The petitioner proposes the following alternative method:
(a) District Manager's approval is required.
(1) 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, have not produced oil or gas and may have been plugged, and
active wells. No Marcellus and Utica wells are contained within the
Heilwood Mine Permit and 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
(to include: All active, inactive, abandoned, shut-in, and previously
plugged wells; water injection wells; and carbon dioxide sequestration
wells) until approval to proceed with mining has been obtained from the
District Manager. Wells that were 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.
(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 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 Decision and Order.
(4) The affidavit or declaration must be accompanied by all logs
described in (b)(8) and (b)(9) below and any other records which the
District Manager may request. The District Manager will review the
affidavit or declaration, the logs, and any other records, may inspect
[[Page 51680]]
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 the Decision and Order. If
the District Manager determines that the procedures have been complied
with, he will provide his approval, and the mine operator may then mine
within the safety barrier of the well, subject to the terms of the
Decision and 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 documentation that help verify the
accuracy of the location of the well in 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.
(5) The terms and conditions of the Decision and Order 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.
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 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.
(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. 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. 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, ripped, or left in place; any sections where casing was cut
or milled; and other 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) above, 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 remaining casing 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 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.
(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, 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 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. 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 may be used. The mine operator shall
document what has been done to ``kill the well'' and plug the carbon
producing strata.
(12) 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) above 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.
(c) The petitioner proposes to use the following mandatory
procedures for plugging or re-plugging oil or gas wells to the surface.
After completely cleaning out the well as specified in (b) above:
(1) The operator shall pump expanding cement slurry down the well
to form a plug which runs from at least
[[Page 51681]]
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) 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) 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) above, the following procedures shall be utilized:
(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.
(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.
(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 lightweight cement mixture down the tubing until the
well is drilled 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. Alternatively, 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 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.
(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. The
operator shall fill the annulus 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
remaining casing 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 the method
outlined in (e)(3) above to be used, 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. The operator shall then pump
expanding cement into the fractured well to fill 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, ripped, or left in place; any sections where casing was cut
or milled; and 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) above, 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 51682]]
of the cement near the surface to serve as a permanent magnetic
monument of the well. Alternatively, 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) above 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 are 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 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.
(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 certified individual. 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 the Decision and Order do not impair the
authority of representatives of MSHA to interrupt or halt the well
intersection and 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. 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 the Decision and Order 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 according
to industry
[[Page 51683]]
standards, 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.
(21) 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.
(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 the 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 the 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 the 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 mandatory standard.
Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-19992 Filed 9-15-21; 8:45 am]
BILLING CODE 4520-43-P
