[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28812-28816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08346]


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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 20, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0007 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0007.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, 4th Floor West, 
Arlington, Virginia 22202-5452.
    Attention: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances. Persons delivering documents are required 
to check in at the receptionist's desk, 4th Floor West. Individuals may 
inspect copies of the petition and comments during normal business 
hours at the address listed above. Before visiting MSHA in person, call 
202-693-9455 to make an appointment, in keeping with the Department of 
Labor's COVID-19 policy. Special health precautions may be required.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (fax). [These 
are not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and 30 CFR part 44 govern the application, 
processing, and disposition of petitions for modification.

I. Background

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

[[Page 28813]]

    In addition, Sec. Sec.  44.10 and 44.11 establish the requirements 
for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2024-003-C.
    Petitioner: Elk Run Coal Company, LLC, P.O. Box 457, Whitesville, 
WV 25209.
    Mine: Checkmate Powellton Mine, MSHA ID No. 46-09640, located in 
Boone 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 as it relates to oil and gas wells. Specifically, the 
petitioner is proposing to mine through or near (within the 300 feet 
diameter safety barrier) plugged oil or gas wells.
    The petitioner states that:
    (a) The Checkmate Powellton Mine extracts coal from the Powellton 
coal seam. The mine operates one continuous mining machine section 
producing coal. Future workplans include adding an additional 
continuous mining machine.
    (b) The mine will use a room and pillar method of mining.
    (c) In the reserve area of the mine, many oil and gas wells exist.
    The petitioner proposes the following alternative method:
    (a) Prior to plugging an oil or gas well, the following procedures 
shall be followed:
    (1) A diligent effort shall be made to clean the well to the 
original total depth. The mine operator shall contact the District 
Manager prior to stopping the operation to pull casing or clean out the 
total depth of the well.
    (2) If this depth cannot be reached, and the total depth if the 
well is less than 4,000 feet, the operator shall completely clean out 
the well from the surface to at least 200 feet below the base of the 
lowest mineable coal seam, unless the District Manager requires 
cleaning to a greater depth based on the geological strata or pressure 
within the well.
    (3) The operator shall provide the District Manager with all 
information it possesses concerning the geological nature of the strata 
and the pressure of the well. If the total depth of the well is 4,000 
feet or greater, the operator shall completely clean out the well from 
the surface to at least 400 feet below the base of the lowest mineable 
coal seam. The operator shall remove all material from the entire 
diameter of the well, wall to wall. If the total depth of the well is 
unknown and there is no historical information, the mine operator must 
contact the District Manager before proceeding.
    (4) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, a gamma log, a bond log, and 
deviation survey for determining the top, bottom, and thickness of all 
coal seams down to the lowest mineable coal seam, potential hydrocarbon 
producing strata, and the location for a bridge plug. In addition, a 
journal shall be maintained describing: the depth of each material 
encountered; the nature of each material encountered; bit size and type 
used to drill each portion of the hole; length and type of each 
material used to plug the well; length of casing(s) removed, 
perforated, ripped, or left in place; any sections where casing was cut 
or milled; and other pertinent information concerning the cleaning and 
sealing the well. Invoices, work-orders, and other records relating to 
all work on the well shall be maintained as part of the logs and 
provided to MSHA upon request.
    (5) When cleaning out the well as described in alternative method 
section (a), the operator shall make a diligent effort to remove all of 
the casing in the well. After the well is completely cleaned out and 
all the casing removed, the well shall be plugged to the total depth by 
pumping cement slurry and pressurizing to at least 200 pounds per 
square inch (psi). If the casing cannot be removed, it shall be cut, 
milled, perforated, or ripped at all mineable coal seam levels to 
facilitate the removal of any remaining casing in the coal seam by the 
mining equipment. Any casing which remains shall be perforated of 
ripped to permit the injection of cement into voids within and around 
the well.
    (6) All casing remaining at mineable coal seam levels shall be 
perforated or ripped at least every 5 feet from 10 feet below the coal 
seam to 10 feet above the coal seam. Perforations or rips are required 
at least every 50 feet from 200 feet (400 feet if the total well depth 
is 4,000 feet or greater) below the base of the lowest mineable coal 
seam up to 100 feet above the uppermost mineable coal seam. The mine 
operator shall take appropriate steps to ensure that the annulus 
between the casing and the well walls are filled with expanding 
(minimum 0.5 percent expansion upon setting) cement and contain no 
voids.
    (7) If it is not possible to remove all of the casing, the operator 
shall notify the District Manager before any other work is performed. 
If the well cannot be cleaned out or the casing removed, the operator 
shall prepare the well as described from the surface to at least 200 
feet below the base of the lowest mineable coal seam for wells 4,000 
feet or greater, unless the District Manger requires cleaning out and 
removal of casing to a greater depth based on the geological strata or 
pressure within the well. If the operator, using a casing bond log can 
demonstrate to the satisfaction of the District Manager that all annuli 
in the well are already adequately sealed with cement, the operator 
shall not be required to perforate or rip the casing for that 
particular well. When multiple casing and tubing strings are present in 
the coal horizon(s), any casing which remains shall be ripped or 
perforated and filled with expanding cement as previously detailed. An 
acceptable casing bond log for each casing and tubing string shall be 
made if this is used in lieu of ripping or perforating multiple 
strings.
    (8) If the District Manager concludes that the completely cleaned-
out well is emitting excessive amounts of gas, the operator shall place 
a mechanical bridge plug in the well. It shall be placed in a competent 
stratum at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam, but 
above the top of the uppermost hydrocarbon producing stratum, unless 
the District Manager requires a greater distance based on the 
geological strata or the pressure within the well. The operator shall 
provide the District Manager with all information it possesses 
concerning the geological nature of the strata and the pressure of the 
well. If it is not possible to set a mechanical bridge plug, an 
appropriately sized packer may be used. The mine operator shall 
document what has been done to ``kill the well'' and plug the 
hydrocarbon producing strata. If the upper-most hydrocarbon producing 
stratum is within 300 feet of the base of the lowest minable coal seam, 
the operator shall properly place mechanical bridge plugs as described 
in alternative method section (a) to isolate the hydrocarbon producing 
stratum from the expanding cement plug. The operator shall place a 
minimum of 200 feet (400 feet if the total well depth is 4,000 feet or 
greater) of expanding cement below the lowest mineable coal seam, 
unless the District Manager requires a greater distance based on the 
geological strata or the pressure within the well.
    (b) The following procedures shall be followed for plugging or re-
plugging oil or gas wells to the surface after completely cleaning out 
the well as previously specified:
    (1) The operator shall pump expanding cement slurry down the well 
to form a plug which runs from at least 200 feet (400 feet if the total 
well depth is 4,000 feet or greater) below the base

[[Page 28814]]

of the lowest mineable coal seam (or lower if required by the District 
Manager based on the geological strata or the pressure within the well) 
to the surface. The expanding cement will be placed in the well under a 
pressure of at least 200 psi. Portland cement or a lightweight cement 
mixture may be used to fill the area from 100 feet above the top of the 
uppermost mineable coal seam (or higher if required by the District 
Manager based on the geological strata or the pressure within the well) 
to the surface.
    (2) The operator shall embed steel turnings or other small magnetic 
particles in the top of the cement near the surface to serve as a 
permanent magnetic monument of the well. In the alternative, a 4 inch 
or larger diameter casing, set in cement, shall extend at least 36 
inches above the ground level with the American Petroleum Institute 
(API) well number engraved or welded on the casing. When the hole 
cannot not be marked with a physical monument (e.g., prime farmland), 
high-resolution GPS coordinates (one-half meter resolution) shall be 
required.
    (c) The following procedures shall be followed for plugging or re-
plugging oil and gas wells that are to be used as degasification 
boreholes after completely cleaning out the well as previously 
specified:
    (1) The operator shall set a cement plug in the well by pumping an 
expanding cement slurry down the tubing to provide at least 200 feet 
(400 feet if the total well depth is 4,000 feet of greater) of 
expanding cement below the lowest mineable coal seam, unless the 
District Manager requires a greater depth based on the geological 
strata or the pressure within the well. The expanding cement will be 
placed in the well under a pressure of at least 200 psi. The top of the 
expanding cement shall extend at least 50 feet above the top of the 
coal seam being mined, unless the District Manager requires a greater 
distance based on the geological strata or the pressure within the 
well.
    (2) The operator shall securely grout into the bedrock of the upper 
portion of the degasification well a suitable casing to protect it. The 
remainder of the well may be cased or uncased.
    (3) The operator shall fit the top of the degasification casing 
with a wellhead equipped as required by the District Manager in the 
approved ventilation plan. Such equipment may include check valves, 
shut-in valves, sampling ports, flame arrestor equipment, and security 
fencing.
    (4) Operation of the degasification well shall be addressed in the 
approved ventilation plan.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, the operator shall plug all 
degasification wells using the following procedures:
    (i) The operator shall insert a tube to the bottom of the well or, 
if not possible, to at least 100 feet above the coal seam being mined. 
Any blockage must be removed to ensure that the tube can be inserted to 
this depth.
    (ii) The operator shall set a cement plug in the well by pumping 
Portland cement or a lightweight cement mixture down the tubing until 
the well is filled to the surface.
    (iii) The operator shall embed steel turnings or other small 
magnetic particles in the top of the cement near the surface to serve 
as a permanent magnetic monument of the well. In the alternative, a 4 
inch or larger casing, set in cement, shall extend at least 36 inches 
above the ground level with the API well number engraved or welded on 
the casing.
    (d) The following provisions shall apply to all wells which the 
operator determines, and the MSHA District Manager agrees, cannot be 
completely cleaned out due to damage to the well caused by subsidence, 
caving, or other factors.
    (1) The operator shall drill a hole adjacent and parallel to the 
well to a depth of at least 200 feet (400 feet if the total well depth 
is 4,000 feet or greater) below the lowest mineable coal seam, unless 
the District Manager requires a greater depth based on the geological 
strata or the pressure within the well.
    (2) The operator shall use a geophysical sensing device to locate 
any casing which may remain in the well.
    (3) If the well contains casings, the operator shall drill into the 
well from the parallel hole. From 10 feet below the coal seam to 10 
feet above the coal seam, the operator shall perforate or rip all 
casings at intervals of at least every 5 feet. Beyond this distance, 
the operator shall perforate or rip at least every 50 feet from at 
least 200 feet (400 feet if the total well depth is 4,000 feet or 
greater) below the base of the lowest mineable coal seam up to 100 feet 
above the seam being mined, unless the District Manager requires a 
greater distance based on the geological strata or the pressure within 
the well. The operator shall fill the annulus between the casings and 
the well wall with expanding (minimum 0.5 percent expansion upon 
setting) cement and shall ensure that these areas contain no voids. If 
the operator, using a casing bond log, can demonstrate to the 
satisfaction of the District Manager that the annulus of the well is 
adequately sealed with cement, the operator shall not be required to 
perforate or rip the casing for that particular well or fill these 
areas with cement. When multiple casing and tubing strings are present 
in the coal horizon(s), any remaining casing shall be ripped or 
perforated and filled with expanding cement. An acceptable casing bond 
log for each casing and tubing string can be used in lieu of ripping or 
perforating multiple strings.
    (4) Where the operator determines, and the District Manager agrees, 
that there is insufficient casing in the well to allow the methods 
previously outlined to be used, the operator shall use a horizontal 
hydraulic fracturing technique to intercept the original well. From at 
least 200 feet (400 feet if the total well depth is 4,000 feet or 
greater) below the base of the lowest mineable seam to a point at least 
50 feet above the seam being mined, the operator shall fracture in at 
least 6 places at intervals to be agree upon by the operator and the 
District Manager after considering the geological strata and the 
pressure within the well. The operator shall pump expanding cement into 
the fractured well in sufficient quantities and in a manner which fills 
all intercepted voids.
    (5) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, gamma log, a bond log, and a 
deviation survey for determining the top, bottom, and thickness of all 
coal seams down to the lowest mineable coal seam, potential hydrocarbon 
producing strata, and the location of any existing bridge plug. The 
operator shall obtain the logs from the adjacent hole rather than the 
well if the condition of the well makes it impractical to insert the 
equipment necessary to obtain the log.
    (6) A journal shall be maintained describing: the depth of each 
material encountered; the nature of each material encountered; bit size 
and type used to drill each portion of the hole; length and type of 
each material used to plug the well; length of casing(s) removed, 
perforated, or ripped, or left in place; any sections where casing was 
cut or milled; and other pertinent information concerning sealing the 
well. Invoices, work-orders, and other records relating to all work on 
the well shall be maintained as part of this journal and provided to 
MSHA upon request.
    (7) After the operator has plugged the well, the operator shall 
plug the adjacent hole, from the bottom to the surface, with Portland 
cement or a lightweight cement mixture. The operator shall embed steel 
turnings or other small magnetic particles in the top

[[Page 28815]]

of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, a 4 inch or larger casing, 
set in cement, shall extend at least 36 inches above the ground level. 
A combination of the methods outlined previously may have to be used in 
a single well, depending upon the conditions of the hole and the 
presence of casings. The operator and the District Manager shall 
discuss the nature of each hole and if the District Manager requires 
more than one method be utilized. The mine operator may submit an 
alternative plan to the District Manager for approval to use different 
methods to address wells that cannot be completely cleaned out. 
Additional documentation and certification by a registered petroleum 
engineer to support the proposed alternative methods shall be submitted 
if required by the District Manager.
    (e) The following procedures shall be followed after approval has 
been granted by the District Manager to mine within the safety barrier 
established by 30 CFR 75.1700 or to mine through a plugged or re-
plugged well.
    (1) A representative of the operator, a representative of the 
miners, the appropriate State agency, or the MSHA District Manager may 
request that a conference be conducted prior to intersecting through 
any plugged or re-plugged well. The party requesting the conference 
shall notify all other parties listed above within a reasonable time 
prior to the conference to provide opportunity for participation. The 
purpose of the conference shall be to review, evaluate, and accommodate 
any abnormal or unusual circumstance related to the condition of the 
well or surrounding strata when such conditions are encountered.
    (2) The operator shall intersect a well on a shift approved by the 
District Manager. The operator shall notify the District Manager and 
the miners' representative in sufficient time prior to intersecting a 
well to provide an opportunity to have representatives present.
    (3) When using continuous mining methods, the operator shall 
install drivage sights at the last open crosscut near the place to be 
mined to ensure intersection of the well. The drivage sites shall not 
be more than 50 feet from the well.
    (4) 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.
    (5) The operator shall ensure that fire-fighting equipment 
including fire extinguishers, rock dust, and sufficient fire hose to 
reach the working face area of the well intersection (when either the 
conventional or continuous mining method is used) is available and 
operable during all well intersections. The fire hose shall be located 
in the last open crosscut of the entry or room. The operator shall 
maintain the water line to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section. When the longwall mining method is used, a 
hose to the longwall water supply is sufficient.
    (6) The operator shall ensure that sufficient supplies of roof 
support and ventilation materials shall be available and located at the 
last open crosscut. In addition, emergency plugs and suitable sealing 
materials shall be available in the immediate area of the well 
intersection.
    (7) On the shift prior to intersecting the well, the operator shall 
test all equipment and check it for permissibility. Water sprays, water 
pressures, and water flow rates used for dust and spark suppression 
shall be examined and any deficiencies corrected.
    (8) The operator shall calibrate the methane monitor(s) on the 
longwall, continuous mining machine, or cutting machine and loading 
machine on the shift prior to intersecting the well.
    (9) When mining is in progress, the operator shall perform tests 
for methane with a handheld methane detector at least every 10 minutes 
from the time that mining with the continuous mining machine 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 will be 
conducted while the shearer is idle. The operator's most current 
approved ventilation plan will be followed at all times unless the 
District Manager requires a greater air velocity for the intersect.
    (10) When using continuous or conventional mining methods, the 
working place shall be free from accumulations of coal dust and coal 
spillages, and rock dust shall be placed on the roof, rib, and floor to 
within 20 feet of the face when intersecting the well. On longwall 
sections, rock dusting shall be conducted and placed on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (11) When the well is intersected, the operator shall de-energize 
all equipment and thoroughly examine and determine the area is safe 
before permitting mining to resume.
    (12) 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.
    (13) When necessary, torches shall 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 
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 
any use of torches.
    (14) Non-sparking (brass) tools shall be located on the working 
section and shall be used exclusively to expose and examine cased 
wells.
    (15) No person shall be permitted in the area of the well 
intersection except those engaged in the operation, including company 
personnel, representatives of the miners, MSHA personnel, and personnel 
from the appropriate State agency.
    (16) The operator shall alert all personnel in the mine to the 
planned intersection of the well prior to their going underground if 
the planned intersection is to occur during their shift. This warning 
shall be repeated for all shifts until the well has been mined through.
    (17) 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.
    (18) If the mine operator cannot find the well in the middle of the 
panel or a gate section misses the anticipated intersection, mining 
shall cease and the District Manager shall be notified.
    (f) A copy of the PDO granted by MSHA shall be maintained at the 
mine and be available to the miners.
    (g) If the well is not plugged to the total depth of all mineable 
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.
    (h) All necessary safety precautions and safe practices required by 
MSHA regulations and State regulatory agencies with jurisdiction over 
the plugging site shall be followed.
    (i) All miners involved in the plugging or re-plugging operations 
shall be trained on the contents of the PDO

[[Page 28816]]

granted by MSHA prior to starting the process.
    (j) Mechanical bridge plugs shall incorporate the best available 
technologies required or recognized by the State regulatory agency and/
or oil and gas industry.
    (k) Within 30 days after the PDO granted by MSHA becomes final, the 
operator shall submit proposed revisions for its approved 30 CFR part 
48 training plan to the District Manager. These proposed revisions 
shall include initial and refresher training on compliance with the 
terms and conditions stated in the PDO granted by MSHA. The operator 
shall provide all miners involved in well intersection with training on 
the requirements of the PDO granted by MSHA prior to mining within 150 
feet of the next well intended to be mined through.
    (l) 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.
    (m) Within 30 days after the PDO granted by MSHA becomes final, the 
operator shall submit proposed revisions for its approved mine 
emergency evacuation and firefighting program of instruction required 
under 30 CFR 75.1502. The operator shall revise the program of 
instruction to include the hazards and evacuation procedures to be used 
for well intersections. All underground miners will be trained in this 
revised plan within 30 days of the submittal.
    In support of the proposed alternative method, the petitioner 
submitted a gas well map that provides details and locations of 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. 2024-08346 Filed 4-18-24; 8:45 am]
BILLING CODE 4520-43-P