Petition for Modification of Application of Existing Mandatory Safety Standards, 80944-80948 [2024-22975]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 80944 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 021–C), but the Proposed Decision and Order (PDO) was denied by MSHA on June 4, 2024. (b) Peabody currently uses Motorola and Kenwood permissible radios in its underground mine to communicate between miners. Such communication facilitates movement of equipment, assignment of necessary work as well as communication with the surface control room. (c) The mines also use wired communication systems and the communication and tracking systems required in the mine’s Emergency Response Plan. Such communication facilitates efficiency and safety. It occurs along the face areas and in other areas covered by this standard. It facilitates communication in case of emergencies such as injuries both on the section and to the surface. (d) Motorola and Kenwood have discontinued the manufacture and sale of MSHA-approved permissible radios. Such radios were the only permissible radios available for the underground coal mine industry. The notices indicated that for a period of time the radios were sold out of stock but that ceased as indicated in the notes. Peabody is not aware of any other radio which is economically feasible. (e) Peabody seeks modification of 30 CFR 75.500(d) as it applies to use of low voltage battery-powered nonpermissible radios. It intends to use the following equipment: (1) Motorola R–7 Portable Two-Way Radio. Other safe portable radios may subsequently be used if approved in advance by the MSHA District Manager. (f) Peabody mines utilize the continuous miner method of mining. Some sections utilize two continuous miners and use of the radios permits coordination of the coal haulers and between the two continuous miners as well as communication near pillar and sealed area workings. (g) Effective communication is critical to the safety of the miners at the mine. It reduces the potential for collisions and pedestrian accidents and facilitates communication in an emergency. (h) The alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard. The petitioner proposes the following alternative method: (a) Non-permissible intrinsically safe radios to be used include the Motorola R7 Portable Two-Way Radio. (b) All such radios shall be rated IP 66 or higher. (c) All non-permissible radios used in or inby the last open crosscut will be examined by a qualified person as VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 defined in 30 CFR part 75.153 prior to use to ensure the equipment is being maintained in a safe operating condition. These examinations results shall be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (d) A qualified person as defined in 30 CFR part 75.151 shall continuously monitor for methane immediately before and during the use of non-permissible radios used in or inby the last open crosscut. (e) Non-permissible radios shall not be used if methane is detected in concentrations at or above one percent. When one percent or more methane is detected while the non-permissible radios are being used, the radios shall be de-energized immediately by turning them off and withdrawn outby the last open crosscut. (f) All hand-held methane detectors shall be MSHA approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. Each miner using a radio shall be trained in the use of handheld methane details. (g) All radios shall be used in accordance with the safe use procedures recommended by the manufacturer. (h) Personnel who use nonpermissible radios shall be properly trained to recognize the hazards and limitations associated with use of the equipment. (i) The radio battery is designed to last more than the length of a shift. The radio shall not be charged underground and shall be charged on the surface in accordance with the procedure for other battery-operated devices such as methane detectors. (j) The operator shall post the PDO granted by MSHA in unobstructed locations on the bulletin boards and/or in other conspicuous places where notices to miners are ordinarily posted, at all the mines for which the PDO granted by MSHA applies, for a period of not less than 60 consecutive days and a copy shall be made available to all miners’ representatives. (k) The proposed radios will be available for inspection and testing during MSHA’s investigation. As other radios are acquired, if the petition is granted, such radios shall be made available for MSHA inspection. The radios shall be made available for MSHA testing during the investigation. (l) The Motorola radio is rated IP 66 and IP 68. It is powered by a lithium cell. Two such radios have been purchased by Peabody and are available at Gateway North for examination and testing by MSHA. Peabody has not, PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 itself, tested such radios because it is presumed that MSHA will intend to conduct tests at the mine and would be unlikely to accept Peabody’s results. (m) The miners at Gateway North Mine are not currently represented by a labor organization and this petition is posted at the mine. In support of the proposed alternative method, the petitioner has also submitted manufacturer product specification sheets for MSHA-approved permissible radios indicating they are no longer available and manufacturer product specification sheets for the proposed Motorola R–7 Portable TwoWay Radio. The petitioner asserts that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2024–22918 Filed 10–3–24; 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: This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by Iron Cumberland, LLC. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before November 4, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2024– 0030 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2024–0030. 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. SUMMARY: E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 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 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. khammond on DSKJM1Z7X2PROD with NOTICES II. Petition for Modification Docket Number: M–2024–013–C. Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, PA 15370. Mine: Cumberland Mine, MSHA ID No. 36–05018, located in Greene 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 unconventional 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) Cumberland is a large coal mine that produces coal from the Pittsburgh seam. It utilizes continuous miners to develop panels for retreat mining by longwall mining equipment. VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 (b) The Cumberland Mine employs approximately 754 miners and produces approximately 32,000 tons of bituminous coal per day from the Pittsburgh #8 coal seam with an average height of 96 inches. At this time, there are no coal seams being mined stratigraphically down section from the Pittsburgh seam. The mine is accessed through one slope and five airshafts. The mine operates one longwall, two advancing gate sections, and a mains section utilizing continuous mining machines. (c) The planning for the layout of a longwall mining panel and district is a complex one that necessarily must take into account various factors related to ventilation, roof control, coal quality and production. (d) The petition is necessary to facilitate mining of the No. 83 South longwall panel. The longwall shearer will mine through and intersect the Alpha Unit 2 Marcellus gas wells. Altering mining projections to avoid the Alpha Unit 2 gas wells would require a ‘‘longwall move’’ in the middle of a panel. This would require driving an additional set up face and could potentially create adverse ventilation and roof control conditions. It would also require an additional longwall ‘‘move,’’ which has certain inherent hazards related to moving longwall equipment through the mine. (e) The Cumberland Mine desires to plug eight unconventional gas wells in the Marcellus shale so that mining may occur within the 300-foot diameter or so that they may be mined through. These are: (1) The Alpha Unit 2 Marcellus Gas Well American Petroleum Institute (API) #: 37–059–25679(1 H) (2) The Alpha Unit 2 Marcellus Gas Well (API) #: 37–059–25763(1.1H) (3) The Alpha Unit 2 Marcellus Gas Well (API) #: 37–059–25979(2H) (4) The Alpha Unit 2 Marcellus Gas Well (API) #: 37–059–25764(3H) (5) The Alpha Unit 2 Marcellus Gas Well (API) #: 37–059–26051(5H) (6) The Alpha Unit 2 Marcellus Gas Well API #: 37–059–25980 (6H) (7) The Alpha Unit 2 Marcellus Gas Well API #: 37–059–26052 (7H) (8) The Alpha Unit 2 Marcellus Gas Well API #: 37–059–25981 (8H) (f) The requested petition is necessary because the existing granted petitions do not specifically apply to unconventional wells, and, if a 300-foot barrier around the AU2 wells is required in accordance with the provisions of 75.1700, the roof control plan would be adversely affected and the mine ventilation plan would be unduly PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 80945 complicated. Mining an additional setup face and bleeder entries would be required, additional conveyer belt drives would need to be installed, and an entire longwall mining unit in the middle a panel would need to be moved, unnecessarily exposing miners to transportation hazards as well as hazards associated with mine roof. Further, other safe methods and procedures are available to achieve the result intended by the standard. The wells would be ‘‘killed’’ and depleted of all gas and effectively plugged prior to intersection. Effective, safe methods of plugging wells are established and addressed in the proposed petition. (g) The alternative method provides an equivalent level of protection as many previous petitions. It permits identification of wells and contains provisions that prevent the introduction of methane or natural gas within the mine by appropriate and extensive plugging of the wells. Additional precautions provide for the detection of gas and the prevention of accumulations of gas with oversight by MSHA. The petitioner proposes the following alternative method: (a) A safety barrier of 300 feet in diameter shall be maintained around the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells until the District Manager approves proceeding with mining. (b) A sworn affidavit or declaration executed by the company official who is in charge of health and safety at the mine stating that all mandatory procedures in the Proposed Decision and Order (PDO) granted by MSHA for cleaning out, preparing, and plugging each gas well have been completed shall be provided to the District Manager prior to mining within the safety barrier around these wells. The affidavit or declaration shall be accompanied by all logs, electronic or otherwise, described in section (d)(7) and any other records the District Manager requires. (c) The terms and conditions of the PDO granted by MSHA shall apply to all types of underground coal mining. (d) The following procedures shall be followed for cleaning out and preparing the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells prior to plugging: (1) Test for gas emissions inside the hole before cleaning out, preparing, and plugging gas wells. The District Manager shall be contacted if the well is actively producing gas. (2) Since these wells are unconventional and greater than 4,000 feet in depth, a diligent effort shall be made to remove all the casing in the well and clean the well down to the E:\FR\FM\04OCN1.SGM 04OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 80946 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices original arrowset packer installed just above the ‘‘kick off point’’ in the well. The well shall be completely cleaned from the surface to at least the same arrowset packer originally installed. The District Manager shall be provided with all information it possesses concerning the geological nature of the strata and the pressure of the well. A diligent effort shall be made to remove all material from the entire diameter of the well, wall to wall. (3) Since these wells will no longer be producing and will be cleaned and prepared subject to the PDO granted by MSHA, a diligent effort shall be made to remove all of the casing and comply with all other applicable provisions of the PDO granted by MSHA. (4) A diligent effort to remove the casing shall require a minimum of 150 percent of the casing string weight and/ or at least three attempts to spear the casing for the required minimum pull effort. A record of these efforts, including casing length and weight shall be kept and made available for MSHA review. (5) Perforations or rips shall be made at least every 50 feet from 400 feet below the base of the coal seam up to 100 feet above the uppermost mineable coal seam. Appropriate steps shall be taken to ensure that the annulus between the casing and the well walls are filled with expanding (minimum 0.5 percent expansion upon setting) cement and contain no voids. (6) Jet/sand cutting is one method for cutting, ripping, or perforating the casing with three or more strings of casing in the coal seam in preparation for mining. This method uses compressed nitrogen gas and sand to cut the well casings. On active wells, cuts start at 200 feet above the bottom of the casing, at 200 feet intervals, to 200 feet below the bottom of the coal seam. (7) The operator shall prepare downhole logs for each well. Logs shall consist of a caliper survey, a bond log if appropriate, a deviation survey, and a gamma survey for determining the top, bottom, and thickness of all coal seams down to the coal seam to be mined or the lowest mineable coal seam, whichever is lower, potential hydrocarbon producing strata, and the location of any existing bridge plug. In addition, a log 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 casings removed, perforated or ripped, or left in place; any sections where casing was cut or milled; and other pertinent information VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 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) A diligent effort shall be made to remove the casing down to the arrowset packer installed just above the ‘‘kick off point’’ (where the well transitions from vertical to horizontal). If the entire vertical casing above the existing packer can be removed, the well shall be prepared for plugging and sealed and using seals described in section (d)(10). (9) If the District Manager concludes that the completely cleaned out well is emitting excessive amounts of gas, an additional mechanical bridge plug shall be placed in the well. (10) The mechanical bridge plug shall be placed in a competent stratum at least 400 feet 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 District Manager shall be provided with all available 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 may be used. The measures taken to ‘‘kill the well’’ and plug the hydrocarbon producing strata shall be documented. (11) If the upper-most hydrocarbonproducing stratum is within 300 feet of the base of the coal seam, mechanical bridge plugs shall be properly placed to isolate the hydrocarbon-producing stratum from the expanding cement plug. (12) A minimum of 400 feet of expanding cement shall be placed below the coal seam, unless the District Manager requires a greater distance based the geological strata or to the pressure within the well. (e) The following procedures shall be followed for plugging the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells to the surface after completely cleaning out the well: (1) Cement shall be used as a plugging material. (2) The mine operator shall pump cement slurry down the well to form a plug which runs from the original arrowset packer installed just above the ‘‘kick off point’’ in the well to 400 feet below the Pittsburgh #8 coal seam. The cement shall be placed in the well under a pressure of at least 200 pounds per square inch (psi). The mine operator shall pump expanding cement slurry down the well to form a plug which PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 runs from 400 feet below the coal seam to the surface. The District Manager can modify the cementing plan based on the geological strata or the pressure within the well. (3) The mine 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 API well number engraved or welded on the casing. When the hole cannot be marked with a physical monument (e.g., prime farmland), highresolution GPS coordinates (one-half meter resolution) are required. (f) The following procedures shall be followed for preparing and plugging or re-plugging the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells: (1) If it is not possible to remove all the casing, the District Manager shall be notified before any other work is performed. (2) If the well cannot be cleaned out or the casing removed, the well shall be prepared from the surface to at least 400 feet below the base of the Pittsburgh #8 coal seam, 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. (3) If the casing cannot be removed from the total depth, the well shall be filled with cement from the lowest possible depth to 400 feet below the Pittsburgh #8 coal seam, and the other applicable provisions in the PDO granted by MSHA shall apply. (4) If the casing cannot be removed, the casing shall be perforated from 400 feet below the Pittsburgh #8 coal seam, the annuli shall be cemented or otherwise filled, and the other applicable provisions in the PDO granted by MSHA shall apply. (5) If the casing cannot be removed, the casing shall be cut, milled, perforated, or ripped at sufficient intervals to facilitate the removal of any remaining casing in the coal seam by the mining equipment. Any casing which remains shall be cut, perforated, or ripped to permit the injection of cement into voids within and around the well. All casing remaining at the Pittsburgh #8 coal seam shall be cut, perforated, or ripped at least every 5 feet from 10 feet below the coal seam to 10 feet above the coal seam. (g) The following procedures shall be followed when mining within a 100-foot diameter barrier around the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells. E:\FR\FM\04OCN1.SGM 04OCN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices (1) A representative of the mine 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 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) Each well shall be intersected on a shift approved by the District Manager. The District Manager and the miners’ representative shall be notified in sufficient time prior to intersecting a well to provide an opportunity to have representatives present. (3) Drivage sites shall be installed at the last open crosscut near the place to be mined to ensure intersection of the well when using continuous mining methods. The drivage sites shall not be more than 50 feet from the well. When using longwall-mining methods, distance markers shall be installed on 5foot centers for a distance of 50 feet in advance of the well in the headgate entry and in the tailgate entry. (4) When either the conventional or continuous mining method is used, firefighting equipment including fire extinguishers, rock dust, and sufficient fire hose to reach the working face area of the well intersection shall be available and operable during all well intersections. The fire hose shall be located in the last open crosscut of the entry or room. A water line shall be maintained to the belt conveyor tailpiece along with a sufficient amount of fire hose to reach the farthest point of penetration on the section. When the longwall mining method is used, a hose to the longwall water supply is sufficient. (5) 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) Testing and permissibility examinations of all equipment shall be made on the shift prior to intersecting the well. Water sprays, water pressures, and water flow rates used for dust and spark suppression shall be examined and any deficiencies corrected. (7) The methane monitor(s) on the longwall, continuous mining machine, or cutting machine and loading machine VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 shall be calibrated on the shift prior to intersecting the well. (8) When mining is in progress, tests for methane shall be made with a handheld methane detector at least every 10 minutes from when mining with the continuous mining machine or longwall face is within 30 feet of the well until the well is intersected. During the actual cutting process, no individual shall be allowed on the return side until the well intersection has been completed and the area has been examined and declared safe. All workplace examinations on the return side of the shearer shall be conducted while the shearer is idle. The 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. Rock dust shall be placed on the roof, rib, and floor to within 20 feet of the face when intersecting the well. On longwall sections, rock dusting shall be conducted and placed on the roof, rib, and floor up to both the headgate and tailgate gob. (10) When the well is intersected, all equipment shall be de-energized and thoroughly examined and the area determined 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) If the casing is cut or milled at the coal seam level, the use of torches should not be necessary. When necessary, 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 percent are present in all areas that will be exposed to flames and sparks from the torch. A thick layer of rock dust shall be applied 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 available and used exclusively to expose and examine cased wells. (14) No person shall be permitted in the area of the well intersection except those actually engaged in the operation, including company personnel, representatives of the miners, personnel from MSHA, and personnel from the appropriate State agency. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 80947 (15) All personnel in the mine shall be alerted 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 well in the longwall panel cannot be located or if a development section misses the anticipated intersection, mining shall cease, and an examination for hazardous conditions at the projected location of the well shall be conducted, the District Manager shall be notified, and reasonable measures shall be taken to locate the well, including visual observation/inspection or through survey data. Mining may resume if the well is located, and no hazardous conditions exist. If the well cannot be located, the mine operator shall work with District Manager to resolve any issues before mining resumes. (18) The provisions of the requested petition do not impair the authority of representatives of MSHA to interrupt or halt the well intersection and to issue a withdrawal order when they deem it necessary for the safety of the miners. MSHA may order an interruption or cessation of the well intersection and/or a withdrawal of personnel by issuing either a verbal or written order to that effect to a representative of the mine 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. (19) A copy of the PDO granted by MSHA shall be maintained at the mine and available to the miners. (20) 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 bander requirements of 30 CFR 75.1700, should those coal seams be developed in the future. (21) All necessary safety precautions and safe practices according to industry standards and required by MSHA regulations and State regulatory agencies having jurisdiction over the plugging site shall be followed to provide the upmost protection to the miners involved in the process. E:\FR\FM\04OCN1.SGM 04OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 80948 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices (22) 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. A copy of the PDO granted by MSHA shall be posted at the well site until the plugging or re-plugging has been completed. (23) Mechanical bridge plugs shall incorporate the best available technologies that are either required or recognized by the State regulatory agency and/or oil and gas industry. (24) Within 30 days after the PDO granted by MSHA becomes final, proposed revisions for the approved 30 CFR part 48 training plan shall be submitted 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. All miners involved in well intersection shall be provided with training on the requirements of the PDO granted by MSHA prior to mining within 150 feet of the well intended to be mined through. (25) 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. (26) Within 30 days after the PDO granted by MSHA becomes final, proposed revisions shall be submitted for the approved mine emergency evacuation and firefighting program of instruction required under 30 CFR 75.1502. The program of instruction shall be revised to include the hazards and evacuation procedures to be used for well intersections. All underground miners shall be trained in this revised plan within 30 days of submittal. (h) The following detailed cleaning and plugging procedures are additional specifics and guidelines for cleaning out and preparing the Alpha Unit 2 IH, 1.1H, 3H, 5H, 6H, 7H and 8H gas wells prior to plugging and for plugging the Alpha Unit 2 gas wells to the surface: (1) Record the shut-in pressure and monitor the casing pressure. (2) Move in equipment. Rig up the wireline rig and the pumping unit to the well head. Load fresh water (8.3 lbs/ gallon) and weighted brine water (10.0 lbs/gallon) into their respective tanks. (3) Pump sufficient amount of weighted brine water into the wellbore first. Switch to fresh water and finish loading the wellbore. Fresh and brine water shall be pumped until the well is officially ‘‘killed,’’ which means the well is dead and has no gas delivered to the surface. VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 (4) Rig up the wireline well head control. Run into the hole with a 51⁄2″– 10,000 psi rated Cast Iron Bridge Plug (CIBP) and set the CIBP within the 51⁄2″ production tubing at the location where the existing arrowset packer is installed (located just above the ‘‘kick off point’’ in the well). Pull out of the hole and rig down the wireline rig. (5) Pressure test the installed 51⁄2″– 10,000 psi CIBP up to 80 percent of its working pressure for a minimum of one hour (surface + hydrostatic). Record pressure test results. (6) Rig up the drill rig and install a 10,000 psi Wellhead Blowout Preventer. (7) Pressure test the Wellhead Blowout Preventer up to 90 percent of its working pressure for one hour. Record pressure test results. (8) Rig up the wireline rig and perform a cement bond log to determine the ‘‘top of cement’’ within the annulus of the 51⁄2″ casing. Pull out of the hole and rig down the wireline rig. Preliminarily, based on the existing bond logs, the ‘‘top of cement’’ is expected to be located below the 95⁄8″ casing seat. (9) Pick up the drill pipe and trip in the hole down to the installed 51⁄2″ CIBP. Set a cement plug with a gas blocker additive from the existing 51⁄2″ CIBP up to the ‘‘top of cement’’ of the 51⁄2″ casing (determined by the new bond log results). Wait on cement to cure for a minimum of eight hours. (10) Rig up the wireline rig, run into the hole to the top of the existing cement plug and cut the 51⁄2″ casing. Run out of the hole and rig down the wireline rig. (11) Using the drill rig, pull all of the free 51⁄2″ casing out of the hole. Load the hole with fresh water as required. (12) After removing the 51⁄2″ casing, shut-in the well and monitor the gas pressure for a minimum of one hour. Record shut-in test results. If any gas pressure is encountered during the shutin test, an additional CIBP or packers may be used to mitigate gas migration. (No gas pressure is acceptable.) (13) Rig up the wireline rig and perform a cement bond log on the 95⁄8″ casing. Pull out of the hole and rig down the wireline rig. Preliminarily, the 95⁄8″ casing is expected to be fully cemented within the annulus. It was reported that cement was circulated to the surface upon install for the 95⁄8″ casing, the 133⁄8″ casing, and the 20″ casing. Any voids encountered within the 95⁄8″ annulus shall be addressed appropriately. (14) Pick up the drill pipe and trip in the hole down to the previous cement plug. Set an additional cement plug with a gas blocker additive from the PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 existing cement plug up to 100′ above the 95⁄8″ casing seat. Wait on cement to cure for a minimum of eight hours. (15) Shut-in the well and monitor the gas pressure while the cement is curing. Record shut-in test results. If additional gas pressure is encountered during the shut-in test, an additional CIBP or packers may be used to mitigate gas migration. (16) Pick up the drill pipe and trip in the hole down to the previous cement plug. Set an additional cement plug with a gas blocker additive from the existing cement plug up to 400’ below the bottom of the Pittsburgh #8 coal seam. Wait on cement to cure for a minimum of eight hours. (17) Shut-in the well and monitor the gas pressure while the cement is curing. Record shut-in test results. If any gas pressure is encountered during the shutin test, an additional CIBP or packers may be used to mitigate gas migration. (No gas pressure is acceptable.) (18) At this point, the well has been effectively plugged from the original arrowset packer which was installed just above the ‘‘kick off point’’ (vertical to horizontal) up to 400’ below the Pittsburgh #8 coal seam. (Effectively plugged means no sign of any gas detected in the well bore.) The remaining procedures to complete the plugging process from 400’ below the Pittsburgh #8 coal seam to the surface can be found above. (i) The miners at Cumberland mine are currently represented by a labor organization and this petition is posted at the mine and has been served on the miners’ representative on May 8, 2024, as indicated in the Certificate of Service. In support of the proposed alternative method, the petitioner has also submitted: a schematic for cutting, milling, perforating or ripping well casing above and below the Pittsburgh #8 coal seam; a schematic for general proposed permanent plugging for an unconventional gas well; a copy of a previously granted PDO; a map of the proposed workings in Willow Grove District; a map showing the AU2 geologic summary (well location plats and well site); well record and completion data; and other relevant facts. The petitioner asserts that the alternative method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2024–22975 Filed 10–3–24; 8:45 am] BILLING CODE 4520–43–P E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80944-80948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22975]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by Iron 
Cumberland, LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 4, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0030 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0030.
    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.

[[Page 80945]]

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 title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2024-013-C.
    Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, 
PA 15370.
    Mine: Cumberland Mine, MSHA ID No. 36-05018, located in Greene 
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 unconventional 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) Cumberland is a large coal mine that produces coal from the 
Pittsburgh seam. It utilizes continuous miners to develop panels for 
retreat mining by longwall mining equipment.
    (b) The Cumberland Mine employs approximately 754 miners and 
produces approximately 32,000 tons of bituminous coal per day from the 
Pittsburgh #8 coal seam with an average height of 96 inches. At this 
time, there are no coal seams being mined stratigraphically down 
section from the Pittsburgh seam. The mine is accessed through one 
slope and five airshafts. The mine operates one longwall, two advancing 
gate sections, and a mains section utilizing continuous mining 
machines.
    (c) The planning for the layout of a longwall mining panel and 
district is a complex one that necessarily must take into account 
various factors related to ventilation, roof control, coal quality and 
production.
    (d) The petition is necessary to facilitate mining of the No. 83 
South longwall panel. The longwall shearer will mine through and 
intersect the Alpha Unit 2 Marcellus gas wells. Altering mining 
projections to avoid the Alpha Unit 2 gas wells would require a 
``longwall move'' in the middle of a panel. This would require driving 
an additional set up face and could potentially create adverse 
ventilation and roof control conditions. It would also require an 
additional longwall ``move,'' which has certain inherent hazards 
related to moving longwall equipment through the mine.
    (e) The Cumberland Mine desires to plug eight unconventional gas 
wells in the Marcellus shale so that mining may occur within the 300-
foot diameter or so that they may be mined through. These are:

(1) The Alpha Unit 2 Marcellus Gas Well American Petroleum Institute 
(API) #: 37-059-25679(1 H)
(2) The Alpha Unit 2 Marcellus Gas Well (API) #: 37-059-25763(1.1H)
(3) The Alpha Unit 2 Marcellus Gas Well (API) #: 37-059-25979(2H)
(4) The Alpha Unit 2 Marcellus Gas Well (API) #: 37-059-25764(3H)
(5) The Alpha Unit 2 Marcellus Gas Well (API) #: 37-059-26051(5H)
(6) The Alpha Unit 2 Marcellus Gas Well API #: 37-059-25980 (6H)
(7) The Alpha Unit 2 Marcellus Gas Well API #: 37-059-26052 (7H)
(8) The Alpha Unit 2 Marcellus Gas Well API #: 37-059-25981 (8H)

    (f) The requested petition is necessary because the existing 
granted petitions do not specifically apply to unconventional wells, 
and, if a 300-foot barrier around the AU2 wells is required in 
accordance with the provisions of 75.1700, the roof control plan would 
be adversely affected and the mine ventilation plan would be unduly 
complicated. Mining an additional set-up face and bleeder entries would 
be required, additional conveyer belt drives would need to be 
installed, and an entire longwall mining unit in the middle a panel 
would need to be moved, unnecessarily exposing miners to transportation 
hazards as well as hazards associated with mine roof. Further, other 
safe methods and procedures are available to achieve the result 
intended by the standard. The wells would be ``killed'' and depleted of 
all gas and effectively plugged prior to intersection. Effective, safe 
methods of plugging wells are established and addressed in the proposed 
petition.
    (g) The alternative method provides an equivalent level of 
protection as many previous petitions. It permits identification of 
wells and contains provisions that prevent the introduction of methane 
or natural gas within the mine by appropriate and extensive plugging of 
the wells. Additional precautions provide for the detection of gas and 
the prevention of accumulations of gas with oversight by MSHA.
    The petitioner proposes the following alternative method:
    (a) A safety barrier of 300 feet in diameter shall be maintained 
around the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells 
until the District Manager approves proceeding with mining.
    (b) A sworn affidavit or declaration executed by the company 
official who is in charge of health and safety at the mine stating that 
all mandatory procedures in the Proposed Decision and Order (PDO) 
granted by MSHA for cleaning out, preparing, and plugging each gas well 
have been completed shall be provided to the District Manager prior to 
mining within the safety barrier around these wells. The affidavit or 
declaration shall be accompanied by all logs, electronic or otherwise, 
described in section (d)(7) and any other records the District Manager 
requires.
    (c) The terms and conditions of the PDO granted by MSHA shall apply 
to all types of underground coal mining.
    (d) The following procedures shall be followed for cleaning out and 
preparing the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas 
wells prior to plugging:
    (1) Test for gas emissions inside the hole before cleaning out, 
preparing, and plugging gas wells. The District Manager shall be 
contacted if the well is actively producing gas.
    (2) Since these wells are unconventional and greater than 4,000 
feet in depth, a diligent effort shall be made to remove all the casing 
in the well and clean the well down to the

[[Page 80946]]

original arrowset packer installed just above the ``kick off point'' in 
the well. The well shall be completely cleaned from the surface to at 
least the same arrowset packer originally installed. The District 
Manager shall be provided with all information it possesses concerning 
the geological nature of the strata and the pressure of the well. A 
diligent effort shall be made to remove all material from the entire 
diameter of the well, wall to wall.
    (3) Since these wells will no longer be producing and will be 
cleaned and prepared subject to the PDO granted by MSHA, a diligent 
effort shall be made to remove all of the casing and comply with all 
other applicable provisions of the PDO granted by MSHA.
    (4) A diligent effort to remove the casing shall require a minimum 
of 150 percent of the casing string weight and/or at least three 
attempts to spear the casing for the required minimum pull effort. A 
record of these efforts, including casing length and weight shall be 
kept and made available for MSHA review.
    (5) Perforations or rips shall be made at least every 50 feet from 
400 feet below the base of the coal seam up to 100 feet above the 
uppermost mineable coal seam. Appropriate steps shall be taken to 
ensure that the annulus between the casing and the well walls are 
filled with expanding (minimum 0.5 percent expansion upon setting) 
cement and contain no voids.
    (6) Jet/sand cutting is one method for cutting, ripping, or 
perforating the casing with three or more strings of casing in the coal 
seam in preparation for mining. This method uses compressed nitrogen 
gas and sand to cut the well casings. On active wells, cuts start at 
200 feet above the bottom of the casing, at 200 feet intervals, to 200 
feet below the bottom of the coal seam.
    (7) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, a bond log if appropriate, a 
deviation survey, and a gamma survey for determining the top, bottom, 
and thickness of all coal seams down to the coal seam to be mined or 
the lowest mineable coal seam, whichever is lower, potential 
hydrocarbon producing strata, and the location of any existing bridge 
plug. In addition, a log 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 casings 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, 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) A diligent effort shall be made to remove the casing down to 
the arrowset packer installed just above the ``kick off point'' (where 
the well transitions from vertical to horizontal). If the entire 
vertical casing above the existing packer can be removed, the well 
shall be prepared for plugging and sealed and using seals described in 
section (d)(10).
    (9) If the District Manager concludes that the completely cleaned 
out well is emitting excessive amounts of gas, an additional mechanical 
bridge plug shall be placed in the well.
    (10) The mechanical bridge plug shall be placed in a competent 
stratum at least 400 feet 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 District Manager 
shall be provided with all available 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 may be used. The measures taken to ``kill the well'' and plug 
the hydrocarbon producing strata shall be documented.
    (11) If the upper-most hydrocarbon-producing stratum is within 300 
feet of the base of the coal seam, mechanical bridge plugs shall be 
properly placed to isolate the hydrocarbon-producing stratum from the 
expanding cement plug.
    (12) A minimum of 400 feet of expanding cement shall be placed 
below the coal seam, unless the District Manager requires a greater 
distance based the geological strata or to the pressure within the 
well.
    (e) The following procedures shall be followed for plugging the 
Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H gas wells to the 
surface after completely cleaning out the well:
    (1) Cement shall be used as a plugging material.
    (2) The mine operator shall pump cement slurry down the well to 
form a plug which runs from the original arrowset packer installed just 
above the ``kick off point'' in the well to 400 feet below the 
Pittsburgh #8 coal seam. The cement shall be placed in the well under a 
pressure of at least 200 pounds per square inch (psi). The mine 
operator shall pump expanding cement slurry down the well to form a 
plug which runs from 400 feet below the coal seam to the surface. The 
District Manager can modify the cementing plan based on the geological 
strata or the pressure within the well.
    (3) The mine 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 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.
    (f) The following procedures shall be followed for preparing and 
plugging or re-plugging the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H 
and 8H gas wells:
    (1) If it is not possible to remove all the casing, the District 
Manager shall be notified before any other work is performed.
    (2) If the well cannot be cleaned out or the casing removed, the 
well shall be prepared from the surface to at least 400 feet below the 
base of the Pittsburgh #8 coal seam, 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.
    (3) If the casing cannot be removed from the total depth, the well 
shall be filled with cement from the lowest possible depth to 400 feet 
below the Pittsburgh #8 coal seam, and the other applicable provisions 
in the PDO granted by MSHA shall apply.
    (4) If the casing cannot be removed, the casing shall be perforated 
from 400 feet below the Pittsburgh #8 coal seam, the annuli shall be 
cemented or otherwise filled, and the other applicable provisions in 
the PDO granted by MSHA shall apply.
    (5) If the casing cannot be removed, the casing shall be cut, 
milled, perforated, or ripped at sufficient intervals to facilitate the 
removal of any remaining casing in the coal seam by the mining 
equipment. Any casing which remains shall be cut, perforated, or ripped 
to permit the injection of cement into voids within and around the 
well. All casing remaining at the Pittsburgh #8 coal seam shall be cut, 
perforated, or ripped at least every 5 feet from 10 feet below the coal 
seam to 10 feet above the coal seam.
    (g) The following procedures shall be followed when mining within a 
100-foot diameter barrier around the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 
6H, 7H and 8H gas wells.

[[Page 80947]]

    (1) A representative of the mine 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 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) Each well shall be intersected on a shift approved by the 
District Manager. The District Manager and the miners' representative 
shall be notified in sufficient time prior to intersecting a well to 
provide an opportunity to have representatives present.
    (3) Drivage sites shall be installed at the last open crosscut near 
the place to be mined to ensure intersection of the well when using 
continuous mining methods. The drivage sites shall not be more than 50 
feet from the well. When using longwall-mining methods, distance 
markers shall be installed on 5-foot centers for a distance of 50 feet 
in advance of the well in the headgate entry and in the tailgate entry.
    (4) When either the conventional or continuous mining method is 
used, firefighting equipment including fire extinguishers, rock dust, 
and sufficient fire hose to reach the working face area of the well 
intersection shall be available and operable during all well 
intersections. The fire hose shall be located in the last open crosscut 
of the entry or room. A water line shall be maintained to the belt 
conveyor tailpiece along with a sufficient amount of fire hose to reach 
the farthest point of penetration on the section. When the longwall 
mining method is used, a hose to the longwall water supply is 
sufficient.
    (5) 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) Testing and permissibility examinations of all equipment shall 
be made on the shift prior to intersecting the well. Water sprays, 
water pressures, and water flow rates used for dust and spark 
suppression shall be examined and any deficiencies corrected.
    (7) The methane monitor(s) on the longwall, continuous mining 
machine, or cutting machine and loading machine shall be calibrated on 
the shift prior to intersecting the well.
    (8) When mining is in progress, tests for methane shall be made 
with a handheld methane detector at least every 10 minutes from when 
mining with the continuous mining machine or longwall face is within 30 
feet of the well until the well is intersected. During the actual 
cutting process, no individual shall be allowed on the return side 
until the well intersection has been completed and the area has been 
examined and declared safe. All workplace examinations on the return 
side of the shearer shall be conducted while the shearer is idle. The 
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. Rock dust shall be placed on the roof, rib, and floor to 
within 20 feet of the face when intersecting the well. On longwall 
sections, rock dusting shall be conducted and placed on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) When the well is intersected, all equipment shall be de-
energized and thoroughly examined and the area determined 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) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. When necessary, 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 
percent are present in all areas that will be exposed to flames and 
sparks from the torch. A thick layer of rock dust shall be applied 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 available and used 
exclusively to expose and examine cased wells.
    (14) No person shall be permitted in the area of the well 
intersection except those actually engaged in the operation, including 
company personnel, representatives of the miners, personnel from MSHA, 
and personnel from the appropriate State agency.
    (15) All personnel in the mine shall be alerted 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 well in the longwall panel cannot be located or if a 
development section misses the anticipated intersection, mining shall 
cease, and an examination for hazardous conditions at the projected 
location of the well shall be conducted, the District Manager shall be 
notified, and reasonable measures shall be taken to locate the well, 
including visual observation/inspection or through survey data. Mining 
may resume if the well is located, and no hazardous conditions exist. 
If the well cannot be located, the mine operator shall work with 
District Manager to resolve any issues before mining resumes.
    (18) The provisions of the requested petition do not impair the 
authority of representatives of MSHA to interrupt or halt the well 
intersection and to issue a withdrawal order when they deem it 
necessary for the safety of the miners. MSHA may order an interruption 
or cessation of the well intersection and/or a withdrawal of personnel 
by issuing either a verbal or written order to that effect to a 
representative of the mine 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.
    (19) A copy of the PDO granted by MSHA shall be maintained at the 
mine and available to the miners.
    (20) 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 bander requirements of 30 CFR 
75.1700, should those coal seams be developed in the future.
    (21) All necessary safety precautions and safe practices according 
to industry standards and required by MSHA regulations and State 
regulatory agencies having jurisdiction over the plugging site shall be 
followed to provide the upmost protection to the miners involved in the 
process.

[[Page 80948]]

    (22) 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. A copy of the PDO granted by MSHA shall be posted 
at the well site until the plugging or re-plugging has been completed.
    (23) Mechanical bridge plugs shall incorporate the best available 
technologies that are either required or recognized by the State 
regulatory agency and/or oil and gas industry.
    (24) Within 30 days after the PDO granted by MSHA becomes final, 
proposed revisions for the approved 30 CFR part 48 training plan shall 
be submitted 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. All miners involved in 
well intersection shall be provided with training on the requirements 
of the PDO granted by MSHA prior to mining within 150 feet of the well 
intended to be mined through.
    (25) 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.
    (26) Within 30 days after the PDO granted by MSHA becomes final, 
proposed revisions shall be submitted for the approved mine emergency 
evacuation and firefighting program of instruction required under 30 
CFR 75.1502. The program of instruction shall be revised to include the 
hazards and evacuation procedures to be used for well intersections. 
All underground miners shall be trained in this revised plan within 30 
days of submittal.
    (h) The following detailed cleaning and plugging procedures are 
additional specifics and guidelines for cleaning out and preparing the 
Alpha Unit 2 IH, 1.1H, 3H, 5H, 6H, 7H and 8H gas wells prior to 
plugging and for plugging the Alpha Unit 2 gas wells to the surface:
    (1) Record the shut-in pressure and monitor the casing pressure.
    (2) Move in equipment. Rig up the wireline rig and the pumping unit 
to the well head. Load fresh water (8.3 lbs/gallon) and weighted brine 
water (10.0 lbs/gallon) into their respective tanks.
    (3) Pump sufficient amount of weighted brine water into the 
wellbore first. Switch to fresh water and finish loading the wellbore. 
Fresh and brine water shall be pumped until the well is officially 
``killed,'' which means the well is dead and has no gas delivered to 
the surface.
    (4) Rig up the wireline well head control. Run into the hole with a 
5\1/2\''-10,000 psi rated Cast Iron Bridge Plug (CIBP) and set the CIBP 
within the 5\1/2\'' production tubing at the location where the 
existing arrowset packer is installed (located just above the ``kick 
off point'' in the well). Pull out of the hole and rig down the 
wireline rig.
    (5) Pressure test the installed 5\1/2\''-10,000 psi CIBP up to 80 
percent of its working pressure for a minimum of one hour (surface + 
hydrostatic). Record pressure test results.
    (6) Rig up the drill rig and install a 10,000 psi Wellhead Blowout 
Preventer.
    (7) Pressure test the Wellhead Blowout Preventer up to 90 percent 
of its working pressure for one hour. Record pressure test results.
    (8) Rig up the wireline rig and perform a cement bond log to 
determine the ``top of cement'' within the annulus of the 5\1/2\'' 
casing. Pull out of the hole and rig down the wireline rig. 
Preliminarily, based on the existing bond logs, the ``top of cement'' 
is expected to be located below the 9\5/8\'' casing seat.
    (9) Pick up the drill pipe and trip in the hole down to the 
installed 5\1/2\'' CIBP. Set a cement plug with a gas blocker additive 
from the existing 5\1/2\'' CIBP up to the ``top of cement'' of the 5\1/
2\'' casing (determined by the new bond log results). Wait on cement to 
cure for a minimum of eight hours.
    (10) Rig up the wireline rig, run into the hole to the top of the 
existing cement plug and cut the 5\1/2\'' casing. Run out of the hole 
and rig down the wireline rig.
    (11) Using the drill rig, pull all of the free 5\1/2\'' casing out 
of the hole. Load the hole with fresh water as required.
    (12) After removing the 5\1/2\'' casing, shut-in the well and 
monitor the gas pressure for a minimum of one hour. Record shut-in test 
results. If any gas pressure is encountered during the shut-in test, an 
additional CIBP or packers may be used to mitigate gas migration. (No 
gas pressure is acceptable.)
    (13) Rig up the wireline rig and perform a cement bond log on the 
9\5/8\'' casing. Pull out of the hole and rig down the wireline rig. 
Preliminarily, the 9\5/8\'' casing is expected to be fully cemented 
within the annulus. It was reported that cement was circulated to the 
surface upon install for the 9\5/8\'' casing, the 13\3/8\'' casing, and 
the 20'' casing. Any voids encountered within the 9\5/8\'' annulus 
shall be addressed appropriately.
    (14) Pick up the drill pipe and trip in the hole down to the 
previous cement plug. Set an additional cement plug with a gas blocker 
additive from the existing cement plug up to 100' above the 9\5/8\'' 
casing seat. Wait on cement to cure for a minimum of eight hours.
    (15) Shut-in the well and monitor the gas pressure while the cement 
is curing. Record shut-in test results. If additional gas pressure is 
encountered during the shut-in test, an additional CIBP or packers may 
be used to mitigate gas migration.
    (16) Pick up the drill pipe and trip in the hole down to the 
previous cement plug. Set an additional cement plug with a gas blocker 
additive from the existing cement plug up to 400' below the bottom of 
the Pittsburgh #8 coal seam. Wait on cement to cure for a minimum of 
eight hours.
    (17) Shut-in the well and monitor the gas pressure while the cement 
is curing. Record shut-in test results. If any gas pressure is 
encountered during the shut-in test, an additional CIBP or packers may 
be used to mitigate gas migration. (No gas pressure is acceptable.)
    (18) At this point, the well has been effectively plugged from the 
original arrowset packer which was installed just above the ``kick off 
point'' (vertical to horizontal) up to 400' below the Pittsburgh #8 
coal seam. (Effectively plugged means no sign of any gas detected in 
the well bore.) The remaining procedures to complete the plugging 
process from 400' below the Pittsburgh #8 coal seam to the surface can 
be found above.
    (i) The miners at Cumberland mine are currently represented by a 
labor organization and this petition is posted at the mine and has been 
served on the miners' representative on May 8, 2024, as indicated in 
the Certificate of Service.
    In support of the proposed alternative method, the petitioner has 
also submitted: a schematic for cutting, milling, perforating or 
ripping well casing above and below the Pittsburgh #8 coal seam; a 
schematic for general proposed permanent plugging for an unconventional 
gas well; a copy of a previously granted PDO; a map of the proposed 
workings in Willow Grove District; a map showing the AU2 geologic 
summary (well location plats and well site); well record and completion 
data; and other relevant facts.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-22975 Filed 10-3-24; 8:45 am]
BILLING CODE 4520-43-P


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