[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20528-20531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07630]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions 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 two petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 13, 2020.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Roslyn B. Fontaine, Acting
Director, Office of Standards, Regulations, and Variances. Persons
delivering documents are required to check in at the receptionist's
desk in Suite 4E401. Individuals may inspect copies of the petition and
comments during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9557 (voice), [email protected] (email), or 202-693-9441 (facsimile). [These are not toll-
free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
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, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2020-005-C.
Petitioner: Affinity Coal Company, 111 Affinity Complex Rd.,
Sophia, WV 25878.
Mine: Affinity Mine, MSHA I.D. No. 46-08878, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 75.1700 Oil and gas wells.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1700, in order to mine through two
existing wells at the Affinity Mine.
The petitioner states that:
(1) Coal mining operations at the Affinity Mine are restricted by
two conventional gas wells, which are shallow and vertical.
(2) The gas wells are close to a future portal site, which will be
composed of: An intake shaft, hoist, warehouse, supply yard, and
parking.
(3) If the wells cannot be mined through then the petitioner will
have to drop the well entries and build overcasts. Dropping the well
entries and building overcasts would reduce the amount of air supplied
by the intake shaft.
(4) An alternate method proposed in the petition will increase
ventilation throughout the Affinity Mine.
The petitioner's alternative method consists of procedures for
cleaning out, preparing, plugging, and replugging oil or gas wells;
procedures for mining within 100-foot diameter barrier around well; and
additional conditions the petitioner will meet prior to mining through
the wells.
(a) The petitioner proposes the following conditions to be met
prior to mining through the wells:
(1) A 300 foot safety barrier will be built and maintained around
the oil and gas wells, which includes a 150 foot barrier between a
mined location and the well, until the MSHA district manager has
approved mining in that area. Oil and gas wells are defined by the
petitioner to include active, inactive, abandoned, shut-in, previously
plugged wells, water injection wells, and carbon dioxide sequestration
wells. Additionally, MSHA considers potential oil and gas producing
formations that have not produced in commercial quantities to be oil
and gas wells.
(2) Before mining inside the safety barrier, around any well that
the mine will intersect, the petitioner will give the MSHA district
manager a sworn affidavit or declaration by a company official, stating
the required procedures for cleaning, preparing, and plugging each gas
or oil well have been completed. The affidavit or declaration will
include the logs described below as well as any other records that the
district manager requires.
The petitioner may request a permit to lower the 300 foot safety
barrier if a well intersection is not planned and lowering the barrier
will not intersect the well.
(3) This petition applies to all methods of underground coal
mining.
(b) The petitioner proposes the following mandatory procedures for
cleaning out, preparing, plugging, and replugging oil or gas wells:
(1) Procedures for cleaning out and preparing vertical oil and gas
wells before plugging or replugging them:
(i) If the well is less than 4,000 feet deep, the petitioner will
clean out the well from the surface to at least 200 feet below the
lowest mineable coal seam's base, unless the MSHA district manager
requires cleaning below that (based on
[[Page 20529]]
the MSHA district manager's judgement, geological strata, or well
pressure). If the well depth is equal to or greater than 4,000 feet,
the petitioner will clean out the well from the surface to at least 400
feet below the lowest mineable coal seam's base. The petitioner will
remove all materials that are within the well, throughout the entire
diameter of the well, from wall to wall.
(ii) Down-hole logs will be prepared by the petitioner for each
well. The logs are made up of a caliper survey and log(s) used to
determine the diameters of the coal seam and potential hydrocarbon
producing strata and location for a bridge plug (if required). If
approved by the MSHA district manager, down-hole camera surveys may be
used instead of down-hole logs. A journal will be maintained to
describe the depth and nature of material(s) encountered, the drilling
information, the length of the plug, casing(s) effected, and other
information related to cleaning and sealing the well. Information such
as invoices, work orders, and other records will be kept for MSHA to
inspect, should MSHA request it.
(iii) When cleaning the well, a diligent effort will be made to
remove all the casing in the well. If the casing cannot be removed, the
petitioner will ensure that the annulus between the casings and the
well walls are filled with expanding cement, with a minimum of 0.5%
after setting, and contain no voids. Remaining casing will be cut,
milled, perforated, or ripped to facilitate removing remaining casing
from the coal seam. Any remaining casing will be perforated or ripped
to allow cement to be injected in order to fill in voids throughout the
well. The petitioner will make sure that work done before this petition
to perforate or rip remaining casing at the coal seam is consistent
with this petition. Perforations or rips are required at intervals of
every 50 feet from 200 feet below the base of the lowest mineable
coalbed, for wells less than 4,000 feet deep and 400 feet below the
lowest mineable coal seam, up to 100 feet above the uppermost part of
the coal seam.
(iv) In the event that the cleaned-out well produces excessive gas,
a mechanical bridge plug will be placed in the borehole in a competent
stratum at least 200 feet below the base of the lowest mineable
coalbed, but above the top of the uppermost hydrocarbon-producing
stratum, unless the MSHA district manager requires a larger distance.
If it is not possible to set a mechanical bridge plug, an appropriately
sized packer may be used in place of the mechanical bridge plug.
(v) If the uppermost hydrocarbon-producing stratum is within 300
feet of the base of the lowest mineable coalbed, a properly placed
mechanical bridge plug, described in subparagraph (iv) above, will be
used to isolate the hydrocarbon-producing stratum from the expanding
cement plug. A minimum of 200 feet of expanding cement will be placed
below the lowest mineable coalbed unless the MSHA district manager
requires a greater distance, based on judgement, geological strata, or
well pressure.
(2) Procedures for plugging and replugging oil or gas wells:
(i) A cement plug will be set by pumping an expanding cement slurry
down the well to create a plug that 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 coal seam that is being mined, unless the MSHA district
manager requires a greater distance, based on judgement, geological
strata, or well pressure. The cement will be placed in the well under a
pressure of at least 200 pounds per square inch. Portland cement or a
light-weight cement mixture may be used to fill in the area from 100
feet above the top of the uppermost mineable coalbed to the surface,
unless the MSHA district manager requires a higher distance, based on
judgement, geological strata, or well pressure.
(ii) The petitioner will embed steel turnings or other small
magnetic particles in the top of the cement near the surface as
permanent magnetic monuments for the well. An alternative is a 4 inch
or larger casing, set in cement, which extends 36 or more inches above
the ground level with the API number engraved or welded on the casing.
High resolution GPS are required when a hole cannot be physically
marked.
(3) Procedures for plugging and replugging oil or gas wells for use
as degasification wells:
(i) A cement plug will be set in the wellbore by pumping an
expanding cement slurry to form a plug from at least 200 feet of
expanding cement (400 feet if the depth is 4,000 feet or greater) below
the lowest mineable coalbed at a pressure of at least 200 pounds per
square inch. The top of the expanding cement will extend at least 50
feet above the top of the coalbed being mined, unless the MSHA district
manager requires a greater distance.
(ii) The petitioner will grout a suitable casing into the bedrock
of the upper part of the degasification well in order to protect it.
The remainder of the well may be cased or uncased.
(iii) The petitioner will fit a wellhead to the top of the
degasification casing, as required by the MSHA district manager in the
approved ventilation plan.
(iv) This equipment can include check valves, shut-in valves,
sampling ports, flame arrestor equipment, and security fencing.
(v) The degasification well will be addressed in the approved
ventilation plan, including periodic tests of methane levels and limits
on the minimum methane concentrations extracted.
(vi) Once an area of the coal mine is degassed by a sealed well or
if the coal mine is abandoned, the petitioner will plug all
degasification wells using the following procedures: The petitioner
will insert a tube to the bottom of the well, or at least to 100 feet
above the coal seam being mined; blockage will be removed to allow the
tube to reach this depth; the petitioner will set a cement plug in the
well, pumping Portland cement or a lightweight cement mixture until the
well is filled to the surface; and the petitioner will embed steel
turnings or other small magnetic particles in the top of the cement
near the surface as permanent magnetic monuments for the well. An
alternative is a 4 inch or larger casing, set in cement, which extends
36 or more inches above the ground level with the API number engraved
or welded on the casing.
(4) Procedures for preparing and plugging or replugging oil or gas
wells that the petitioner determines, and the MSHA district manager
agrees, cannot be cleaned completely:
(i) The petitioner will drill a hole adjacent and parallel to the
well, at least 200 feet deep (400 feet if the total well depth is 4,000
feet or greater), below the coal seam to be mined or at the lowest
mineable coal seam (whichever is lower).
(ii) The petitioner will locate remaining casings using geophysical
sensing devices.
(iii) If casings are detected then the petitioner will drill into
the well from from the parallel hole. The petitioner will perforate or
rip all casings to allow for the injection of cement. The petitioner
will perforate or rip at 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
coal seam to be mined or the lowest mineable coal seam, whichever is
lower, up to 100 feet above the seam that is being mined (unless the
MSHA district manager requires a greater distance based on
[[Page 20530]]
judgement, geological strata, or well pressure).
The petitioner will ensure that the annulus between the casings and
the well are filled with expanding cement, with a minimum of 0.5% after
setting, and contain no voids. Where there are multiple casing or
tubing strings present, any remaining casing will be ripped or
perforated and filled with expanding cement; an acceptable casing bond
log is needed for each casing and tubing strip if used instead of
ripping or perforating multiple strings.
(iv) If the petitioner determines, and the MSHA district manager
agrees, that there is insufficient casings in the well to allow for the
procedures above (iii) to be completed, the petitioner will 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 coal seam to be mined or the
lowest mineable coal seam to a point of at least 50 feet above the seam
being mined, the petitioner will fracture 6 places (in agreement with
the MSHA district manager). After the fracturing process, the
petitioner will pump in cement to fill any voids.
(v) Down-hole logs will be prepared by the petitioner for each
well. The logs are made up of a caliper survey and log(s) used to
determine the diameters of the coal seam and bridge plug (if required).
If conditions make it impractical to obtain the log from the well, the
petitioner may obtain logs from the adjacent hole. If approved by the
MSHA district manager, down-hole camera surveys may be approved used
instead of down-hole logs. A journal will be maintained to describe the
depth and nature of material(s) encountered, the drilling information,
the length of the plug, casing(s) effected, and other information
related to cleaning and sealing the well. Information such as invoices,
work orders, and other records will be kept for MSHA to inspect, should
MSHA request it.
(vi) After the well has been plugged according to the above
procedures, the petitioner will plug the adjacent hole from the bottom
to the surface using Portland cement (or a lightweight cement mixture).
The petitioner will embed steel turnings or other small magnetic
particles in the top of the cement near the surface as permanent
magnetic monuments for the well. An alternative is a 4 inch or larger
casing, set in cement, which extends 36 or more inches above the ground
level. Each well will be assessed and the petitioner may submit an
alternative plan, while the MSHA district manager may require that more
than one method be utilized (or require additional data and
certification).
(c) The petitioner proposes to use the following mandatory
procedures for mining within a 100-foot barrier around the well:
(1) A conference may be requested by any of the following: The
representative of the petitioner, a state agency, or the MSHA district
manager (the petitioner's employees do not have a designated miners'
representative as defined by 30 CFR 44.11(a)(6)). The requester will
let the other parties above know of the conference with a reasonable
amount of time before the conference, allowing for an opportunity to
participate. The focus of the conference is to review, evaluate, and
accommodate any abnormal or unusual circumstances that relate to the
condition of the well or surrounding strata.
(2) The intersection of a well by the petitioner will be conducted
on a shift approved by the MSHA district manager. The petitioner will
notify the MSHA district manager and the miners' representative prior
to the intersection so that representatives can be present.
(3) For continuous mining, drivage sites will be installed by the
petitioner not more than 50 feet from the well, at the last open
crosscut near the area to be mined to ensure intersection of the well.
The drivage sites will not be more than 50 feet from the well.
(4) Firefighting equipment, including fire extinguishers, rock
dust, and sufficient fire hose to reach the working face area of the
mining-through will be available when either the conventional or
continuous mining method is used. The fire hose will be located in the
last open crosscut of the entry or room. The petitioner will maintain
the water line to be able to reach the farthest point of penetration on
the section.
(5) Sufficient supplies of roof support and ventilation materials
will be available and located at the last open crosscut. In addition,
an emergency plug and/or plugs will be available in the immediate area
of the mine-through.
(6) Equipment will be checked for permissibility and serviced on
the shift prior to mining-through the well; water sprays, water
pressures and water flow rates will be checked and any issues will be
corrected.
(7) The methane monitor on the continuous mining machine will be
calibrated on the shift prior to mining-through the well.
(8) When mining is in progress, tests for methane will be made with
a hand-held 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 and immediately prior to mining
through. During the actual cutting through process, no individual will
be allowed on the return side until mining-through has been completed
and the area has been examined and declared safe.
(9) The working place will be free from accumulations of coal dust
and coal spillages, and rock dust will be placed on the roof, rib and
floor within 20 feet of the face when mining through or near the well
on the shift or shifts during which the cut-through will occur.
(10) When the wellbore is intersected, all equipment will be de-
energized and the area thoroughly examined and determined safe before
mining is resumed.
(11) After a well has been intersected and the working place
determined safe, mining will continue inby the well at a sufficient
distance to permit adequate ventilation around the area of the
wellbore.
(12) When a torch is necessary for poorly cut or milled casings, no
open flames will be permitted in the area until adequate ventilation
has been established around the wellbore and methane levels of less
than 1 percent are present in all areas affected by flames or sparks
from the torch. Before using a torch, a thick layer of rock dust will
be applied to any roof, face, floor, ribs or exposed coal within 20
feet of the casing.
(13) Non-sparking (brass) tools will be used only to expose and
examine cased wells. These tools will be located on the working
section.
(14) No person will be permitted in the area of the mining-through
operation except for those actually engaged in the operation, company
personnel, representatives of the miners, personnel from MSHA, and
personnel from the appropriate State agency.
(15) The petitioner will alert all personnel in the mine of a
planned intersection of the well before going underground if it is to
occur during the shift. The warning will be continuously repeated until
the well is mined through.
(16) The mining-through operation will be under the direct
supervision of a certified official. Instructions concerning the
mining-through operation will be issued only by the certified official
in charge.
(17) Within 30 days after the Proposed Decision and Order (PDO)
becomes final, the petitioner will submit proposed revisions to be
approved by the MSHA District Manager, as part of the 30 CFR 48
training plan. This will include initial and refresher training.
[[Page 20531]]
The revisions are to include training on the above terms for all miners
involved in well intersection prior to mining within 150 feet of the
well which is to be mined through.
(18) The required person under 30 CFR 75.1501 Emergency Evacuations
is responsible for emergencies relating to the intersection and this
person will review intersection procedures before the intersection
occurs.
(19) Within 30 days of when this PDO is finalized, the petitioner
will submit a revised emergency evacuation and firefighting training
program, required by 30 CFR 75.1502. The petitioner will revise the
program to incorporate hazards and evacuation plans used for well
intersection. All underground miners will be trained in the above plan
revisions within 30 days of submittal.
(20) The petitioner asserts that the proposed alternative method
will at all times guarantee no less than the same measure of protection
from the potential hazards against which the existing standard for 30
CFR 75.1700 is intended to guard.
Docket Number: M-2020-006-C.
Petitioner: Nelson Brothers, LLC, P.O. Box 8276, South Charleston,
WV 25303.
Mines: Workman Creek Surface Mine, MSHA I.D. No. 46-09475, located
in Raleigh County, West Virginia; No. 1 Surface Mine, MSHA I.D. No. 46-
06870, located in Nicholas County, West Virginia; Twilight Mtr. Surface
Mine, MSHA I.D. No. 46-08645, located in Boone County, West Virginia.
Regulation Affected: 30 CFR 77.1302(k) Vehicles used to transport
explosives.
Modification Request: The petitioner requests that a previously
granted petition for modification, Docket No. M-2009-043-C, be amended.
The petitioner proposes to add Workman Creek Surface Mine, MSHA I.D.
No. 46-09475 to the Proposed Decision and Order (PDO), while removing
from the PDO: No. 1 Surface Mine, MSHA I.D. No. 46-06870 (no longer
active) and Twilight Mtr. Surface Mine, MSHA I.D. No. 46-08645 (which
the petitioner does not service anymore). On January 31, 2011, the
petition for modification to 30 CFR 77.1302(k), Docket No. M-2009-043-
C, was granted; the PDO permitted the petitioner's alternative method
of repairing and maintaining vehicles containing explosives or
detonators. Under this PDO, employees are allowed to perform routine
repair or maintenance work under non-permanent shelters constructed in
remote areas of the mine where normal mining activities are not
occurring. The petitioner asserts that at the new mine cited above, the
alternative method included in Docket No. M-2009-043-C will at all
times guarantee no less than the same measure of protection afforded
the miners under 30 CFR 77.1302(k).
Roslyn Fontaine,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-07630 Filed 4-10-20; 8:45 am]
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