Petition for Modification of Application of Existing Mandatory Safety Standards, 28808-28812 [2024-08344]
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Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
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who need additional assistance may
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If an individual wishes to know if a
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general/privacy/instructions. DOL also
describes its process for requesting
records under the Privacy Act in
regulations at 29 CFR 71.2. Individuals
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HISTORY:
This is a full publication of the
modified SORN in its entirety that
replaces the previously published SORN
found at 81 FR 25765, 25853–54 (April
29, 2016).
Carolyn Angus-Hornbuckle,
Assistant Secretary for Administration and
Management.
[FR Doc. 2024–08383 Filed 4–18–24; 8:45 am]
BILLING CODE 4510–26–P
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:
2 For sources who furnished information to the
Government prior to January 1, 1975, the standard
is an implied promise that the identity of the source
would be held in confidence.
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This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the Rosebud
Mining Company.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before May 20, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0008 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0008.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
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
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), Petitionsformodification@
dol.gov (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 30 CFR part 44
govern the application, processing, and
disposition of petitions for modification.
SUMMARY:
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.
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In addition, §§ 44.10 and 44.11
establish the requirements for filing
petitions for modification.
II. Petition for Modification
Docket Number: M–2024–004–C.
Petitioner: Rosebud Mining Company,
301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Fulton Run Mine, MSHA ID No.
36–10410, located in Indiana County,
Pennsylvania.
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 300feet barrier established by 30 CFR
75.1700.
The petitioner states that:
(a) The mine will use a room and
pillar method of mining.
(b) A continuous mining machine
with attached haulage develops main
entries. After the mains are established,
butts, rooms, and/or panels are
developed off the mains. The length of
the rooms, and/or panels can typically
extend 600 feet, depending on permit
boundaries, projections, and conditions.
(c) The permit for the Fulton Run
Mine contains oil or gas wells that have
been depleted of production, producing
wells, wells that may have been plugged
not producing oil or gas, and coal bed
methane (CBM) wells. 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 presence of the 300-feet barrier
would also limit the safest and most
efficient use of in-seam CBM wells.
(d) Marcellus and Utica wells which
may not be mined through are not
contained within the mine permit, and
are not subject to this petition.
(e) Plugging oil and gas wells provides
an environmental benefit by eliminating
gas emissions into the atmosphere from
gas wells that are no longer maintained.
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 (including
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
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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 Proposed Decision
and Order (PDO) granted by MSHA. The
affidavit or declaration shall be
accompanied by all logs described in
the PDO granted by MSHA and any
other records 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. 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 to 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, and historical well intersection
location data. If the District Manager
approves, the mine operator may then
mine within the safety barrier of the
well. 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
replugging 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
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there is no historical information, the
mine operator must contact the District
Manager before proceeding.
(3) 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. In
addition, a journal shall be maintained
describing the depth of each material
encountered; the nature of each material
encountered; bit size and type used to
drill each portion of the hole; length and
type of each material used to plug the
well; length of casing(s) removed,
perforated or ripped, or left in place;
any sections where casing was cut or
milled; and other pertinent information
concerning cleaning and sealing the
well. Invoices, work-orders, and other
records relating to all work on the well
shall be maintained as part of the logs
and provided to MSHA upon request.
(4) When cleaning out the well as
detailed in section (d)(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 shall 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 shall be cut, milled, or
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.
(5) 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 shall take
appropriate steps to ensure that the
annulus between the casing and the
well walls is filled with expanding
(minimum 0.5 percent expansion upon
setting) cement and contains no voids.
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
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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 the geological strata or the
pressure within the well. 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 shall 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 previously detailed. An
acceptable casing bond log for each
casing and tubing string shall be made
if this is used in lieu of ripping or
perforating multiple strings.
(6) 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 shall 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
based on the geological strata or the
pressure within the well. The operator
shall provide the District Manager with
all information 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.
(7) 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
section (d)(6) 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
based on the geological strata or the
pressure within the well.
(e) 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
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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 pressure within the well) to the
surface. The expanding cement shall be
placed in the well under a pressure of
at least 200 psi. 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.
(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)
shall be required.
(f) 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
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 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 the 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.
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(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
shall 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.
(g) 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 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
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
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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, 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
previously indicated. An acceptable
casing bond log for each casing and
tubing string shall be made if this is
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 previously 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 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 shall 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 also
maintained as part of this journal and
provided to MSHA upon request.
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(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
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.
(h) The following mandatory
procedures shall be followed when
mining within a 100-feet diameter
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.
(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
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conventional or continuous mining
method is used) is available and
operable during all well intersections.
The fire hose shall be located in the last
open crosscut of the entry or room. The
operator shall maintain the water line to
the belt conveyor tailpiece along with a
sufficient amount of fire hose to reach
the farthest point of penetration on the
section.
(5) The operator shall ensure that
sufficient supplies of roof support and
ventilation materials shall be available
and located at the last open crosscut. In
addition, emergency plugs and suitable
sealing materials shall be available in
the immediate area of the well
intersection.
(6) Within 12 hours prior to
intersecting the well, the operator shall
test all equipment and check it for
permissibility. Water sprays, water
pressures, and water flow rates used for
dust and spark suppression shall be
examined and any deficiencies
corrected.
(7) The operator shall calibrate the
methane monitor(s) on the longwall,
continuous mining machine, or cutting
machine and loading machine within 12
hours prior to intersecting the well.
(8) When mining is in progress, the
operator shall perform tests for methane
with a handheld methane detector at
least every 10 minutes from the time
that mining with the continuous mining
machine is within 30 feet of the well
until the well is intersected. During the
actual cutting process, no individual
shall be allowed on the return side until
the well intersection has been
completed and the area has been
examined and declared safe. The
operator’s most current approved
ventilation plan 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.
(10) 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.
(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
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Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
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, or
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
room and misses the anticipated
intersection, mining shall cease and the
District Manager shall be notified.
(i) A copy of the PDO granted by
MSHA shall be maintained at the mine
and be available to the miners.
(1) 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.
(2) All necessary safety precautions
and safe practices required by MSHA
regulations and State regulatory
agencies with jurisdiction over the
plugging site shall be followed.
(j) 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.
(k) Mechanical bridge plugs should
incorporate the best available
technologies required or recognized by
the State regulatory agency and/or oil
and gas industry.
(l) Within 30 days after the PDO
granted by MSHA becomes final, the
operator shall submit proposed
VerDate Sep<11>2014
02:06 Apr 19, 2024
Jkt 262001
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.
(m) 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.
(n) 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 on the revised plan
within 30 days of submittal.
(o) The procedure as specified in 30
CFR 48.3 for approval of proposed
revisions to already approved training
plans shall apply.
In support of the proposed alternative
method, the petitioner has also
submitted a labeled schematic
indicating the plugging depth and rip
locations and a mine map including
initial projections with all spotted and
surveyed gas wells in support of the
proposed alternative method.
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. 2024–08344 Filed 4–18–24; 8:45 am]
BILLING CODE 4520–43–P
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:
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
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 May 20, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0007 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0007.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, 4th Floor West, 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
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), Petitionsformodification@
dol.gov (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 30 CFR part 44
govern the application, processing, and
disposition of petitions for modification.
SUMMARY:
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.
E:\FR\FM\19APN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28808-28812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08344]
-----------------------------------------------------------------------
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
Rosebud Mining Company.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 20, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0008 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0008.
2. Fax: 202-693-9441.
3. Email: [email protected].
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 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),
[email protected] (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 30 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.
[[Page 28809]]
In addition, Sec. Sec. 44.10 and 44.11 establish the requirements
for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2024-004-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Fulton Run Mine, MSHA ID No. 36-10410, located in Indiana
County, Pennsylvania.
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) The mine will use a room and pillar method of mining.
(b) A continuous mining machine with attached haulage develops main
entries. After the mains are established, butts, rooms, and/or panels
are developed off the mains. The length of the rooms, and/or panels can
typically extend 600 feet, depending on permit boundaries, projections,
and conditions.
(c) The permit for the Fulton Run Mine contains oil or gas wells
that have been depleted of production, producing wells, wells that may
have been plugged not producing oil or gas, and coal bed methane (CBM)
wells. 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 presence of the 300-feet barrier would also limit the
safest and most efficient use of in-seam CBM wells.
(d) Marcellus and Utica wells which may not be mined through are
not contained within the mine permit, and are not subject to this
petition.
(e) Plugging oil and gas wells provides an environmental benefit by
eliminating gas emissions into the atmosphere from gas wells that are
no longer maintained.
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
(including 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 Proposed Decision and
Order (PDO) granted by MSHA. The affidavit or declaration shall be
accompanied by all logs described in the PDO granted by MSHA and any
other records 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. 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 to 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, and
historical well intersection location data. If the District Manager
approves, the mine operator may then mine within the safety barrier of
the well. 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 replugging 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 sections where casing was
cut or milled; and other pertinent information concerning cleaning and
sealing the well. Invoices, work-orders, and other records relating to
all work on the well shall be maintained as part of the logs and
provided to MSHA upon request.
(4) When cleaning out the well as detailed in section (d)(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 shall 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 shall be cut,
milled, or 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.
(5) 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 shall take appropriate steps to ensure that the annulus
between the casing and the well walls is filled with expanding (minimum
0.5 percent expansion upon setting) cement and contains no voids. 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
[[Page 28810]]
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 the geological strata or the pressure
within the well. 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
shall 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 previously
detailed. An acceptable casing bond log for each casing and tubing
string shall be made if this is used in lieu of ripping or perforating
multiple strings.
(6) 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 shall 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 the
geological strata or the pressure within the well. The operator shall
provide the District Manager with all information 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.
(7) 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 section (d)(6)
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.
(e) 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 pressure within the well) to the surface.
The expanding cement shall be placed in the well under a pressure of at
least 200 psi. 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.
(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) shall be
required.
(f) 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 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 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 the 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 shall 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.
(g) 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 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 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
[[Page 28811]]
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, 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 previously indicated. An acceptable casing bond log for each casing
and tubing string shall be made if this is 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
previously 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 shall 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 also 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 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.
(h) The following mandatory procedures shall be followed when
mining within a 100-feet diameter 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.
(4) The operator shall ensure that fire-fighting equipment
including fire extinguishers, rock dust, and sufficient fire hose to
reach the working face area of the well intersection (when either the
conventional or continuous mining method is used) is available and
operable during all well intersections. The fire hose shall be located
in the last open crosscut of the entry or room. The operator shall
maintain the water line to the belt conveyor tailpiece along with a
sufficient amount of fire hose to reach the farthest point of
penetration on the section.
(5) The operator shall ensure that sufficient supplies of roof
support and ventilation materials shall be available and located at the
last open crosscut. In addition, emergency plugs and suitable sealing
materials shall be available in the immediate area of the well
intersection.
(6) Within 12 hours prior to intersecting the well, the operator
shall test all equipment and check it for permissibility. Water sprays,
water pressures, and water flow rates used for dust and spark
suppression shall be examined and any deficiencies corrected.
(7) The operator shall calibrate the methane monitor(s) on the
longwall, continuous mining machine, or cutting machine and loading
machine within 12 hours prior to intersecting the well.
(8) When mining is in progress, the operator shall perform tests
for methane with a handheld methane detector at least every 10 minutes
from the time that mining with the continuous mining machine is within
30 feet of the well until the well is intersected. During the actual
cutting process, no individual shall be allowed on the return side
until the well intersection has been completed and the area has been
examined and declared safe. The operator's most current approved
ventilation plan 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.
(10) 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.
(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
[[Page 28812]]
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, or 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 room and misses the anticipated intersection, mining shall
cease and the District Manager shall be notified.
(i) A copy of the PDO granted by MSHA shall be maintained at the
mine and be available to the miners.
(1) 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.
(2) All necessary safety precautions and safe practices required by
MSHA regulations and State regulatory agencies with jurisdiction over
the plugging site shall be followed.
(j) 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.
(k) Mechanical bridge plugs should incorporate the best available
technologies required or recognized by the State regulatory agency and/
or oil and gas industry.
(l) 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.
(m) 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.
(n) 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 on the
revised plan within 30 days of submittal.
(o) The procedure as specified in 30 CFR 48.3 for approval of
proposed revisions to already approved training plans shall apply.
In support of the proposed alternative method, the petitioner has
also submitted a labeled schematic indicating the plugging depth and
rip locations and a mine map including initial projections with all
spotted and surveyed gas wells in support of the proposed alternative
method.
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. 2024-08344 Filed 4-18-24; 8:45 am]
BILLING CODE 4520-43-P
