[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23101-23104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07864]


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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 the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before May 15, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0010 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0010.
    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 in Suite 4E401. Individuals may 
inspect copies of the petition and comments during normal business 
hours at the address listed above. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.

FOR FURTHER INFORMATION CONTACT: 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-2023-003-C.
    Petitioner: Marion County Coal Resources, Inc., 151 Johnnycake 
Road, Metz, West Virginia 26585.
    Mine: Marion County Mine, MSHA ID No. 46-01433, located in Marion 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1700 to permit mining within the 300 feet diameter safety 
barrier of two unconventional gas wells in the Marcellus shale.
    The petitioner states that:
    (a) The Marion County Mine desires to plug two unconventional gas 
wells in the Marcellus shale so that they may be mined through. These 
are:
    (1) The Jones 2H Marcellus Gas Well American Petroleum Institute 
(API) #: 47-049-02184 (2H); and
    (2) The Jones 3H Marcellus Gas Well API #: 47-049-02184 (3H).
    (b) The Marion County Mine is accessed through one slope and eight 
airshafts. The mine operates one longwall, an advancing gate section, 
and a mains section utilizing continuous mining machines. The mine 
liberates 9,000,000 cubic feet of methane per day.
    (c) On July 5, 2018, MSHA and Marion County entered into a 
settlement concerning the contest of certain conditions in a Proposed 
Decision and Order (PDO) concerning 30 CFR 75.1700 at docket No. 2017-
MSA-06. That agreement specifically excluded certain types of wells as 
follows: Unconventional wells in the Marcellus and Utica, and all other 
unconventional shale oil and gas wells are not subject to this 
modification.
    The petitioner proposes the following alternative method:
    (a) The following shall require District Manager approval.
    (1) The mine operator shall maintain a safety barrier of 300 feet 
in diameter around the Jones 2H and 3H gas wells until the District 
Manager approves to proceed with mining.
    (2) Prior to mining within the safety barrier around these wells, 
the mine operator shall provide to the District Manager 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 PDO for cleaning out, preparing, and plugging each 
gas well have been completed. The affidavit or declaration shall be 
accompanied by all

[[Page 23102]]

logs, electronic or otherwise, described in section (b)(7) and any 
other records the District Manager requires.
    (3) This petition applies to all types of underground coal mining 
at the mine.
    (b) The following mandatory procedures shall be followed when 
cleaning out and preparing the Jones 2H and 3H gas wells prior to 
plugging:
    (1) The mine operator shall 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 original arrowset packer 
installed just above the ``kick off point'' in the well. The mine 
operator shall completely clean out the well from the surface to at 
least the same arrowset packer originally installed. The mine operator 
shall provide the District Manager with all information it possesses 
concerning the geological nature of the strata and the pressure of the 
well. The mine operator shall make a diligent effort to remove all 
material from the entire diameter of the well, wall to wall.
    (3) Since these wells are no longer producing and are being cleaned 
and prepared subject to the PDO, the operator must attempt to remove 
all of the casing using a diligent effort and comply with all other 
applicable provisions of the PDO.
    (4) To make a diligent effort to remove the casing, the operator 
shall pull a minimum of 150 percent of the casing string weight and/or 
have made at least three attempts to spear the casing for the required 
minimum pull effort. The operator shall keep a record of these efforts, 
including casing length and weight, and make the record available for 
MSHA review.
    (5) Perforations or rips are required 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. The mine operator shall take appropriate 
steps to ensure that the annulus between the casing and the well walls 
are filled with expanding (minimum 0.5 percent expansion upon setting) 
cement and contain no voids.
    (6) 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 mine 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, work-orders, and other records relating to 
all work on the well shall be maintained as part of this journal and 
provided to MSHA upon request.
    (8) The mine operator shall make a diligent effort 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 mine operator shall prepare the well for plugging and use seals 
described in section (b)(10).
    (9) If the District Manager concludes that the completely cleaned-
out well is emitting excessive amounts of gas, the mine operator shall 
place additional mechanical bridge plugs 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 mine operator 
shall provide the District Manager with all information they possess 
concerning the geological nature of the strata and the pressure of the 
well. If it is not possible to set a mechanical bridge plug, an 
appropriately sized packer may be used. The mine operator shall 
document what has been done to ``kill the well'' and plug the 
hydrocarbon producing strata.
    (11) If the upper-most hydrocarbon-producing stratum is within 300 
feet of the base of the coal seam, the mine operator shall properly 
place mechanical bridge plugs as described in section (b)(10) to 
isolate the hydrocarbon-producing stratum from the expanding cement 
plug.
    (12) The mine operator shall place a minimum of 400 feet of 
expanding cement below the coal seam, unless the District Manager 
requires a greater distance based the geological strata or to the 
pressure within the well.
    (c) The following mandatory procedures shall be followed for 
plugging the Jones 2H and 3H 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 coal 
seam. The cement will be placed in the well under a pressure of at 
least 200 pounds per square inch. 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.
    (d) The following alternate procedures shall be followed for 
preparing and plugging or re-plugging the Jones 2H and 3H gas wells:
    (1) If it is not possible to remove all the casing, the mine 
operator shall notify the District Manager before any other work is 
performed.
    (2) If the well cannot be cleaned out or the casing removed, the 
mine operator shall prepare the well from the surface to at least 400 
feet below the base of the 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 coal seam, and the other applicable provisions in the PDO 
shall apply.
    (4) If the casing cannot be removed, the casing shall be perforated 
from 400

[[Page 23103]]

feet below the coal seam, the annuli shall be cemented or otherwise 
filled, and the other applicable provisions in the PDO 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 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.
    (6) If the mine operator, using a casing bond log, can demonstrate 
to the District Manager's satisfaction that all annuli in the well are 
already adequately sealed with cement, the mine operator shall not be 
required to perforate or rip the casing for that particular well. When 
multiple casing and tubing strings are present in the coal horizon(s), 
any remaining casing shall be ripped or perforated and filled with 
expanding cement as indicated above. An acceptable casing bond log for 
each casing and tubing string can be used in lieu of ripping or 
perforating multiple strings.
    (e) The following mandatory procedures shall be followed when 
mining within a 100-foot diameter barrier around the Jones 2H and 3H 
gas wells:
    (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) The mine operator shall intersect a well on a shift approved by 
the District Manager. The mine operator shall notify the District 
Manager and the miners' representative in sufficient time prior to 
intersecting a well to provide an opportunity to have representatives 
present.
    (3) When using continuous mining methods, the mine operator shall 
install drivage sites at the last open crosscut near the place to be 
mined to ensure intersection of the well. The drivage sites shall not 
be more than 50 feet from the well. When using longwall-mining methods, 
distance markers shall be installed on 5-foot centers for a distance of 
50 feet in advance of the well in the headgate entry and in the 
tailgate entry.
    (4) When either the conventional or continuous mining method is 
used, the mine operator shall ensure that fire-fighting equipment 
including fire extinguishers, rock dust, and sufficient fire hose to 
reach the working face area of the well intersection is available and 
operable during all well intersections. The fire hose shall be located 
in the last open crosscut of the entry or room. The mine operator shall 
maintain the water line to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section. When the longwall mining method is used, a 
hose to the longwall water supply is sufficient.
    (5) The mine operator shall ensure that sufficient supplies of roof 
support and ventilation materials shall be available and located at the 
last open crosscut. In addition, emergency plugs and suitable sealing 
materials shall be available in the immediate area of the well 
intersection.
    (6) On the shift prior to intersecting the well, the mine operator 
shall test all equipment and check it for permissibility. Water sprays, 
water pressures, and water flow rates used for dust and spark 
suppression shall be examined and any deficiencies corrected.
    (7) The mine operator shall calibrate the methane monitor(s) on the 
longwall, continuous mining machine, or cutting machine and loading 
machine on the shift prior to intersecting the well.
    (8) When mining is in progress, the mine operator shall test for 
methane 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 mine operator's most current Approved Ventilation Plan shall 
be followed at all times unless the District Manager requires a greater 
air velocity for the intersect.
    (9) When using continuous or conventional mining methods, the 
working place shall be free from accumulations of coal dust and coal 
spillages. Rock dust shall be placed on the roof, rib, and floor to 
within 20 feet of the face when intersecting the well. On longwall 
sections, rock dusting shall be conducted and placed on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) When the well is intersected, the mine operator shall de-
energize all equipment and thoroughly examine and determine the area to 
be safe before permitting mining to resume.
    (11) After a well has been intersected and the working place 
determined to be safe, mining shall continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the well.
    (12) 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. The mine operator shall apply a thick layer of 
rock dust to the roof, face, floor, ribs, and any exposed coal within 
20 feet of the casing prior to the use of torches.
    (13) Non-sparking (brass) tools shall be 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) The mine operator shall alert all personnel in the mine to the 
planned intersection of the well prior to their going underground if 
the planned intersection is to occur during their shift. This warning 
shall be repeated for all shifts until the well has been mined through.
    (16) The well intersection shall be under the direct supervision of 
a certified individual. Instructions concerning the well intersection 
shall be issued only by the certified individual in charge.
    (17) If the mine operator cannot find the well in the longwall 
panel or if a development section misses the anticipated intersection, 
the mine operator shall cease mining to examine for hazardous 
conditions at the projected location of the well, notify the District 
Manager, and take reasonable measures 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

[[Page 23104]]

cannot be located, the mine operator shall work with District Manager 
to resolve any issues before mining resumes.
    (f) A copy of the PDO shall be maintained at the mine and available 
to the miners.
    (g) If the well is not plugged to the total depth of all minable 
coal seams identified in the core hole logs, any coal seams beneath the 
lowest plug shall remain subject to the barrier requirements of 30 CFR 
75.1700, should those coal seams be developed in the future.
    (h) 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.
    (i) All miners involved in the plugging or re-plugging operations 
shall be trained on the contents of the PDO prior to starting the 
process. A copy of the PDO shall be posted at the well site until the 
plugging or re-plugging has been completed.
    (j) 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.
    (k) Within 30 days after the PDO becomes final, the mine operator 
shall submit proposed revisions for its approved 30 CFR part 48 
training plan to the District Manager. These proposed revisions shall 
include initial and refresher training on compliance with the terms and 
conditions stated in the PDO. The mine operator shall provide all 
miners involved in well intersection with training on the requirements 
of the PDO prior to mining within 150 feet of the well intended to be 
mined through.
    (l) The responsible person required under 30 CFR 75.150, shall be 
responsible for well intersection emergencies. The well intersection 
procedures shall be reviewed by the responsible person prior to any 
planned intersection.
    (m) Within 30 days after the PDO becomes final, the mine operator 
shall submit proposed revisions for its approved mine emergency 
evacuation and firefighting program of instruction required under 30 
CFR 75.1502. The mine operator shall revise the program of instruction 
to include the hazards and evacuation procedures to be used for well 
intersections. All underground miners shall be trained in this revised 
plan within 30 days of submittal.
    In support of the Petition, the petitioner provided additional 
information including: a map showing the cutting, milling, perforating, 
or ripping well casing above and below the Pittsburgh #8 coal seam; a 
proposed permanent plugging schematic for a gas well; mine information 
including construction details, pressures, production history, site-
specific geology, gas-producing formations locations, and relevant 
logging information; surface location well plat; mine map with gas well 
location; and well record and competition report for Jones 2H and 3H 
gas wells.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-07864 Filed 4-13-23; 8:45 am]
BILLING CODE 4520-43-P