80_FR_77264 80 FR 77026 - Petitions for Modification of Application of Existing Mandatory Safety Standards

80 FR 77026 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range77026-77028
FR Document2015-31219

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. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77026-77028]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31219]


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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.

-----------------------------------------------------------------------

SUMMARY: 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. 
This notice is a summary of 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 the MSHA's 
Office of Standards, Regulations, and Variances on or before January 
11, 2016.

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: Sheila McConnell, 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 petitions 
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: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

 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

[[Page 77027]]

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. That 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 and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2015-006-M.
    Petitioner: Marigold Mining Company, 950 17th Street, Suite 2600, 
Denver, Colorado 80202.
    Mine: Marigold Mine, MSHA I.D. No. 26-02081, located in Humboldt 
County, Nevada.
    Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for 
ANFO).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of re-refined oil in lieu of 
conventional diesel when preparing ANFO for blasting. The petitioner 
states that:
    (1) Only RDO-100 will be used, which is an engineered liquid 
hydrocarbon fuel that is refined off site from recycled petroleum 
products by a reputable commercial business with quality controls in 
place to assure that the product meets the specifications outlined in 
the Material Safety Data Sheet.
    (2) Marigold mining company received lab results from American 
Testing Technologies, Inc., analyzing the RDO-100 Burner Fuel. The RDO-
100 Burner Fuel oil exceeds the following Environmental Protection 
Agency (EPA) limits of 40 CFR 279.11:

--Arsenic--5 ppm maximum
--Benzene--25 ppm maximum
--Cadmium--2 ppm maximum
--Chromium--10 ppm maximum
--Lead--100 ppm maximum
--Total Halogens--1,000 ppm maximum
--Flash Point--100[deg]-125[deg] F minimum

    In similar cases, and corresponding orders granting modification of 
the application of 30 CFR 56-6309(b), MSHA has determined that there is 
not a diminution of safety when using re-refined used oil that meets 
the EPA criterial of 40 CFR 279.11, and does not contain hazardous 
waste material listed in 40 CFR part 261 to prepare ANFO.
    (3) Marigold Mining Company seeks modification of the existing 
standard that recognizes the RDO-100 Burner Fuel is not a ``waste oil'' 
or ``crankcase oil'' prohibited by the referenced standard. RDO-100 is 
an engineered liquid hydrocarbon fuel manufactured offsite from 100 
percent reclaimed petroleum products, and has a flash point greater 
than 200 degrees Fahrenheit. Marigold Mining seeks recognition from 
MSHA that it can utilize RDO-100 Burner Fuel to prepare ANFO.
    (4) RDO-100 burner fuel is not a ``waste oil'' or ``crankcase oil'' 
prohibited by the referenced standard. Used oil is clearly acceptable 
to certain situations under EPA standard. Marigold Mining should be 
allowed to use re-refined and EPA compliant oil to prepare ammonium 
nitrate-fuel oil for the blasting process. 30 CFR 56.6309(b) states 
that ``waste oil, including crankcase oil, shall not be used to prepare 
ammonium nitrate-fuel oil'' However, the standard does not define the 
terms ``waste oil and ``crankcase oil''. Evaluating common industry 
definitions, it is clear that the RDO-100 burner fuel utilized by 
Marigold Mining does not fall into either of these categories.
    The Merriam-Webster Dictionary defines a ``crankcase'' as ``the 
part of an engine that contains the crankshaft, the housing of a 
crankshaft.'' Thus, ``crankcase oil'' is the oil inside the crankcase 
that lubricates the crankshaft. The oil that Marigold Mining intends to 
utilize is recycled EPA compliant oil that does not fall under this 
definition. Used oil is clearly acceptable in certain situations under 
EPA standards. ``Used oil means any oil that has been refined from 
crude oil, or any synthetic oil, that has been used and as a result of 
such use is contaminated by physical or chemical impurities,'' 40 CFR 
279.1. 40 CFR part 279 defines the acceptable and prohibited uses of 
``used oil''. However, ``used oil burned for energy recovery, and any 
fuel produced from used oil by processing, blending, or other treatment 
is subject to regulation under [40 CFR part 279] unless it is shown not 
to exceed any of the allowable levels of the constituents and 
properties.
    40 CFR 279.11 (emphasis added). Based on Marigold Mining analysis 
test results, it is evident that Marigold Mining re-refined used oil 
does not exceed any allowable levels, and thus is not subject to the 
prohibitions described in 40 CFR part 279. As such, Marigold Mining 
should be allowed to utilize used, recycled, EPA compliant oil to 
prepare ammonium nitrate-fuel oil.
    (5) RDO-100 burner fuel (recycled oil) is almost chemically 
identical to Mobile 15-W40 motor oil (new oil). Even if RDO-100 burner 
fuel is considered ``waste oil'' under 30 CFR 56.6309(b), a comparison 
of the lab results for RDO-100 burner fuel (recycled oil) and Mobile 
15-W40 motor oil'' (new oil) used to make ANFO reveals that there is 
not significant difference between the two. The new oil contains more 
total halogens than the recycled oil. RDO-100 is an engineered liquid 
hydrocarbon fuel refined offsite from recycled petroleum products by a 
reputable commercial business with quality controls in place to assure 
that the product meets the specifications outlined in the MSDS. Thus, 
creation of ANFO using RDO-100 versus Mobile15-W40 motor oil is similar 
to the creation of a Coke bottle using recycled plastic versus new 
plastic.
    (6) Marigold Mining is in the process of establishing several 
precautionary measures that it intends to follow in an effort to dispel 
any safety concerns. The procedures below constitute a fully 
appropriate and safe method for transporting, storing, and utilizing 
recycled used oil to prepare ANFO without any diminution of safety.

--Marigold Mining will only be using re-refined used oil that has 
already been recycled and tested by a reputable commercial business.
--The recycled oil received by Marigold Mining for use to prepare ANFO 
will be stored in an oil tank that is dedicated for diesel and/or used 
oil blend storage.
--The ammonium nitrate to be combined with the re-refined used oil to 
create ANFO will be stored separate and apart from the re-refined used 
oil in a locked and secured compound.
--The recycled oil, after it is filtered and meets the EPA criteria of 
40 CFR 279.11, shall have no other products added except for No. 2 
diesel fuel.
--The re-refined used oil shall not be modified by heating, the 
addition of additives (excluding the No. 2 diesel fuel), or in any 
other way that would change the relevant properties of the oil.
--The ANFO will be transported and used in a closed system which 
prevents skin contact, inhalation of vapors and ingestion of the 
product. Personal protective equipment worn by employees who handle the 
ANFO mixture, as required by 30 CFR 56.15006, will be maintained to 
ensure the intended protection and will be properly disposed of after 
each use.
--The ANFO will be used only on Marigold Mine property and will not be 
sold or transferred to other mine properties.

[[Page 77028]]

--The re-refined used oil and ammonium nitrate will be taken to the 
blast site in separate containers and will be combined only as part of 
the actual process of loading the blast holes.
--The petitioner will maintain a daily ``load'' and ``shot'' report 
detailing all holes loaded and shots fired which contain this re-
refined used oil/prill mixture.

    (7) There have been no documented incidents at the Marigold Mine 
from use of RDO-100 burner fuel to prepare ANFO. Marigold Mining has 
successfully used RDO-100 burner fuel for over eight years without any 
problems, and has had several discussions with MSHA inspectors during 
that period regarding use of the product. Prior to Citation No. 8562938 
being issued and subsequently vacated in 2011, no MSHA inspector has 
ever cited Marigold Mining for the use of RDO-100 burner fuel, nor has 
any MSHA inspector ever advised Marigold Mining not use RDO-100 burner 
fuel. Marigold Mining's use of RDO-100 burner fuel is a safe 
environmentally responsible practice that complies with the 
requirements of 30 CFR 6309.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-31219 Filed 12-10-15; 8:45 am]
BILLING CODE 4520-43-P



                                                  77026                       Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices

                                                  No. 1 is powered by multiple drive                        material, including coal, before men                DEPARTMENT OF LABOR
                                                  motors located on the mine’s surface                      are transported.
                                                  facilities. Each drive motor is controlled              —Telephone or other suitable                          Mine Safety and Health Administration
                                                  by a variable frequency drive (VFD),                      communications will be provided at
                                                  coupled with encoders, that monitors                      points where persons are loaded on or               Petitions for Modification of
                                                  the speed of the motor unit and can shut                  unloaded from the slope belt                        Application of Existing Mandatory
                                                  down the belt if a predetermined speed                    conveyor.                                           Safety Standards
                                                  set point is exceeded.                                  —Suitable crossing facilities will be
                                                                                                                                                                AGENCY: Mine Safety and Health
                                                     (6) The original equipment                             provided wherever persons must
                                                                                                                                                                Administration, Labor.
                                                  manufacturer has by design, provided                      cross the moving slope conveyor or
                                                                                                            any other moving belt conveyor belt                 ACTION: Notice.
                                                  the necessary components (variable
                                                  frequency drives, programmable logic                      to gain access to or leave the
                                                                                                                                                                SUMMARY:    Section 101(c) of the Federal
                                                  computers and associated software, and                    mechanical escape facility.
                                                                                                          —The belt slope conveyor will have a                  Mine Safety and Health Act of 1977 and
                                                  switches/touchscreen controls) to                                                                             Title 30 of the Code of Federal
                                                  provide for ‘‘mantrip-mode’’ operation.                   minimum 48-inch wide clear
                                                                                                            travelway on at least one side and will             Regulations Part 44 govern the
                                                  Additionally, the drive motor gear boxes                                                                      application, processing, and disposition
                                                  are provided with a braking/blocking                      have a minimum 24-inch clear
                                                                                                            travelway on the opposite side.                     of petitions for modification. This notice
                                                  device that mechanically prevents                                                                             is a summary of petitions for
                                                  rotation of the gears when the drive                    —Suitable belt crossing facilities will be
                                                                                                            provided wherever necessary to                      modification submitted to the Mine
                                                  motors are deenergized.                                                                                       Safety and Health Administration
                                                     The petitioner proposes to use the                     maintain a continuous route of travel
                                                                                                            alongside the slope belt conveyor                   (MSHA) by the parties listed below.
                                                  slope belt conveyor at Mine No. 1 as a
                                                                                                            from the slope bottom where the                     DATES: All comments on the petitions
                                                  mechanical escape facility conditioned
                                                                                                            alternative escape exits the slope belt             must be received by the MSHA’s Office
                                                  on compliance with the following:
                                                                                                            entry at the surface.                               of Standards, Regulations, and
                                                  —The slope belt conveyor will be                        —The slope belt conveyor will be                      Variances on or before January 11, 2016.
                                                     equipped with an automatic braking                     examined by a certified person at least             ADDRESSES: You may submit your
                                                     system which prevents the belt from                    once a week. This examination will
                                                     reversing direction if power is lost.                                                                      comments, identified by ‘‘docket
                                                                                                            include:                                            number’’ on the subject line, by any of
                                                  —Positive acting stop control will be
                                                     installed along the slope belt                         (a) Operating the slope belt conveyor               the following methods:
                                                     conveyor and such controls will be                   as an emergency escape facility;                         1. Electronic Mail: zzMSHA-
                                                     readily accessible and will be                         (b) Examination for hazards along the               comments@dol.gov. Include the docket
                                                     maintained so that the belt can be                   slope belt conveyor and examination of                number of the petition in the subject
                                                     stopped or started at any location.                  the mechanical and electrical condition               line of the message.
                                                     Automatic controls will also                         of the slope conveyor system;                            2. Facsimile: 202–693–9441.
                                                     deenergize the belt flight dumping                     (c) Immediate reporting of hazards or                  3. Regular Mail or Hand Delivery:
                                                     onto the slope belt and will be so                   mechanical deficiencies observed; and                 MSHA, Office of Standards,
                                                                                                            (d) Confirmation that any reported                  Regulations, and Variances, 201 12th
                                                     designed that the power cannot be
                                                                                                          hazards or defects are corrected before               Street South, Suite 4E401, Arlington,
                                                     reapplied to the belt flight dumping
                                                                                                          the slope belt is used as an emergency                Virginia 22202–5452, Attention: Sheila
                                                     onto the slope belt while it is in use
                                                                                                          escape facility.                                      McConnell, Acting Director, Office of
                                                     as an emergency escape facility.                     —The slope conveyor belt will also be
                                                  —The slope belt conveyor will have a                                                                          Standards, Regulations, and Variances.
                                                                                                            subject to the preshift examination                 Persons delivering documents are
                                                     minimum vertical clearance of 18                       requirements of 30 CFR 75.360(b)(2)
                                                     inches from the nearest overhead                                                                           required to check in at the receptionist’s
                                                                                                            and, where one of those examinations                desk in Suite 4E401. Individuals may
                                                     projection when measured from the                      include operation of the slope
                                                     edge of the belt and there will be at                                                                      inspect copies of the petitions and
                                                                                                            conveyor as a mechanical escape                     comments during normal business
                                                     least 36 inches of sided clearance                     facility and examination for
                                                     where men board and leave the slope                                                                        hours at the address listed above.
                                                                                                            mechanical and electrical condition of                 MSHA will consider only comments
                                                     conveyor.                                              the slope belt conveyor, the weekly
                                                  —When persons are being transported                                                                           postmarked by the U.S. Postal Service or
                                                                                                            examination requirements will be                    proof of delivery from another delivery
                                                     on the slope belt conveyor being used                  satisfied.
                                                     as an emergency escape facility, the                                                                       service such as UPS or Federal Express
                                                                                                          —The person(s) making the                             on or before the deadline for comments.
                                                     belt speed will not exceed 300 feet per                examinations will certify by initials,
                                                     minute when the vertical clearance is                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                            date, and the time the examinations
                                                     less than 24 inches and will not                                                                           Barbara Barron, Office of Standards,
                                                                                                            were made. The certification will be
                                                     exceed 350 feet per minute when the                                                                        Regulations, and Variances at 202–693–
                                                                                                            at the loading and unloading stations
                                                     vertical clearance is 24 inches or                                                                         9447 (Voice), barron.barbara@dol.gov
                                                                                                            of the slope conveyor belt.
                                                     more.                                                  The petitioner asserts that the                     (Email), or 202–693–9441 (Facsimile).
                                                  —Adequate illumination including                        proposed alternative method will at all               [These are not toll-free numbers.]
                                                     colored lights or reflectors will be                 times provide the same degree of safety               SUPPLEMENTARY INFORMATION:
                                                     installed at all loading and unloading
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          as that provided by the existing                      I. Background
                                                     stations on the slope conveyor belt.                 standard.
                                                     Such colored lights will be located to                                                                       Section 101(c) of the Federal Mine
                                                     be observable to all persons riding the              Sheila McConnell,                                     Safety and Health Act of 1977 (Mine
                                                     conveyor belt.                                       Acting Director, Office of Standards,                 Act) allows the mine operator or
                                                  —The slope conveyor belt will not be                    Regulations, and Variances.                           representative of miners to file a
                                                     used to transport supplies and the                   [FR Doc. 2015–31220 Filed 12–10–15; 8:45 am]          petition to modify the application of any
                                                     slope conveyor will be clear of all                  BILLING CODE 4520–43–P                                mandatory safety standard to a coal or


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                                                                              Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices                                            77027

                                                  other mine if the Secretary of Labor                    that recognizes the RDO–100 Burner                    RDO–100 burner fuel is considered
                                                  determines that:                                        Fuel is not a ‘‘waste oil’’ or ‘‘crankcase            ‘‘waste oil’’ under 30 CFR 56.6309(b), a
                                                    1. An alternative method of achieving                 oil’’ prohibited by the referenced                    comparison of the lab results for RDO–
                                                  the result of such standard exists which                standard. RDO–100 is an engineered                    100 burner fuel (recycled oil) and
                                                  will at all times guarantee no less than                liquid hydrocarbon fuel manufactured                  Mobile 15–W40 motor oil’’ (new oil)
                                                  the same measure of protection afforded                 offsite from 100 percent reclaimed                    used to make ANFO reveals that there
                                                  the miners of such mine by such                         petroleum products, and has a flash                   is not significant difference between the
                                                  standard; or                                            point greater than 200 degrees                        two. The new oil contains more total
                                                    2. That the application of such                       Fahrenheit. Marigold Mining seeks                     halogens than the recycled oil. RDO–
                                                  standard to such mine will result in a                  recognition from MSHA that it can                     100 is an engineered liquid hydrocarbon
                                                  diminution of safety to the miners in                   utilize RDO–100 Burner Fuel to prepare                fuel refined offsite from recycled
                                                  such mine.                                              ANFO.                                                 petroleum products by a reputable
                                                    In addition, the regulations at 30 CFR                   (4) RDO–100 burner fuel is not a                   commercial business with quality
                                                  44.10 and 44.11 establish the                           ‘‘waste oil’’ or ‘‘crankcase oil’’                    controls in place to assure that the
                                                  requirements and procedures for filing                  prohibited by the referenced standard.                product meets the specifications
                                                  petitions for modification.                             Used oil is clearly acceptable to certain             outlined in the MSDS. Thus, creation of
                                                                                                          situations under EPA standard.                        ANFO using RDO–100 versus
                                                  II. Petitions for Modification                          Marigold Mining should be allowed to                  Mobile15–W40 motor oil is similar to
                                                     Docket Number: M–2015–006–M.                         use re-refined and EPA compliant oil to               the creation of a Coke bottle using
                                                     Petitioner: Marigold Mining                          prepare ammonium nitrate-fuel oil for                 recycled plastic versus new plastic.
                                                  Company, 950 17th Street, Suite 2600,                   the blasting process. 30 CFR 56.6309(b)                  (6) Marigold Mining is in the process
                                                  Denver, Colorado 80202.                                 states that ‘‘waste oil, including                    of establishing several precautionary
                                                     Mine: Marigold Mine, MSHA I.D. No.                   crankcase oil, shall not be used to                   measures that it intends to follow in an
                                                  26–02081, located in Humboldt County,                   prepare ammonium nitrate-fuel oil’’                   effort to dispel any safety concerns. The
                                                  Nevada.                                                 However, the standard does not define                 procedures below constitute a fully
                                                     Regulation Affected: 30 CFR                          the terms ‘‘waste oil and ‘‘crankcase                 appropriate and safe method for
                                                  56.6309(b) (Fuel oil requirements for                   oil’’. Evaluating common industry                     transporting, storing, and utilizing
                                                  ANFO).                                                  definitions, it is clear that the RDO–100             recycled used oil to prepare ANFO
                                                     Modification Request: The petitioner                 burner fuel utilized by Marigold Mining               without any diminution of safety.
                                                  requests a modification of the existing                 does not fall into either of these                    —Marigold Mining will only be using
                                                  standard to permit the use of re-refined                categories.                                              re-refined used oil that has already
                                                  oil in lieu of conventional diesel when                    The Merriam-Webster Dictionary                        been recycled and tested by a
                                                  preparing ANFO for blasting. The                        defines a ‘‘crankcase’’ as ‘‘the part of an              reputable commercial business.
                                                  petitioner states that:                                 engine that contains the crankshaft, the              —The recycled oil received by Marigold
                                                     (1) Only RDO–100 will be used,                       housing of a crankshaft.’’ Thus,                         Mining for use to prepare ANFO will
                                                  which is an engineered liquid                           ‘‘crankcase oil’’ is the oil inside the                  be stored in an oil tank that is
                                                  hydrocarbon fuel that is refined off site               crankcase that lubricates the crankshaft.                dedicated for diesel and/or used oil
                                                  from recycled petroleum products by a                   The oil that Marigold Mining intends to                  blend storage.
                                                  reputable commercial business with                      utilize is recycled EPA compliant oil                 —The ammonium nitrate to be
                                                  quality controls in place to assure that                that does not fall under this definition.                combined with the re-refined used oil
                                                  the product meets the specifications                    Used oil is clearly acceptable in certain                to create ANFO will be stored
                                                  outlined in the Material Safety Data                    situations under EPA standards. ‘‘Used                   separate and apart from the re-refined
                                                  Sheet.                                                  oil means any oil that has been refined                  used oil in a locked and secured
                                                     (2) Marigold mining company                          from crude oil, or any synthetic oil, that               compound.
                                                  received lab results from American                      has been used and as a result of such                 —The recycled oil, after it is filtered and
                                                  Testing Technologies, Inc., analyzing                   use is contaminated by physical or                       meets the EPA criteria of 40 CFR
                                                  the RDO–100 Burner Fuel. The RDO–                       chemical impurities,’’ 40 CFR 279.1. 40                  279.11, shall have no other products
                                                  100 Burner Fuel oil exceeds the                         CFR part 279 defines the acceptable and                  added except for No. 2 diesel fuel.
                                                  following Environmental Protection                      prohibited uses of ‘‘used oil’’. However,             —The re-refined used oil shall not be
                                                  Agency (EPA) limits of 40 CFR 279.11:                   ‘‘used oil burned for energy recovery,                   modified by heating, the addition of
                                                  —Arsenic—5 ppm maximum                                  and any fuel produced from used oil by                   additives (excluding the No. 2 diesel
                                                  —Benzene—25 ppm maximum                                 processing, blending, or other treatment                 fuel), or in any other way that would
                                                  —Cadmium—2 ppm maximum                                  is subject to regulation under [40 CFR                   change the relevant properties of the
                                                  —Chromium—10 ppm maximum                                part 279] unless it is shown not to                      oil.
                                                  —Lead—100 ppm maximum                                   exceed any of the allowable levels of the             —The ANFO will be transported and
                                                  —Total Halogens—1,000 ppm                               constituents and properties.                             used in a closed system which
                                                       maximum                                               40 CFR 279.11 (emphasis added).                       prevents skin contact, inhalation of
                                                  —Flash Point—100°–125° F minimum                        Based on Marigold Mining analysis test                   vapors and ingestion of the product.
                                                     In similar cases, and corresponding                  results, it is evident that Marigold                     Personal protective equipment worn
                                                  orders granting modification of the                     Mining re-refined used oil does not                      by employees who handle the ANFO
                                                  application of 30 CFR 56–6309(b),                       exceed any allowable levels, and thus is                 mixture, as required by 30 CFR
                                                  MSHA has determined that there is not
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          not subject to the prohibitions described                56.15006, will be maintained to
                                                  a diminution of safety when using re-                   in 40 CFR part 279. As such, Marigold                    ensure the intended protection and
                                                  refined used oil that meets the EPA                     Mining should be allowed to utilize                      will be properly disposed of after each
                                                  criterial of 40 CFR 279.11, and does not                used, recycled, EPA compliant oil to                     use.
                                                  contain hazardous waste material listed                 prepare ammonium nitrate-fuel oil.                    —The ANFO will be used only on
                                                  in 40 CFR part 261 to prepare ANFO.                        (5) RDO–100 burner fuel (recycled oil)                Marigold Mine property and will not
                                                     (3) Marigold Mining Company seeks                    is almost chemically identical to Mobile                 be sold or transferred to other mine
                                                  modification of the existing standard                   15–W40 motor oil (new oil). Even if                      properties.


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                                                  77028                       Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices

                                                  —The re-refined used oil and                            abnormal, inadvertent radioactive                        • NRC’s Agencywide Documents
                                                   ammonium nitrate will be taken to the                  releases that may result in discharges of             Access and Management System
                                                   blast site in separate containers and                  contaminated ground water from the                    (ADAMS): You may obtain publicly
                                                   will be combined only as part of the                   subsurface to the unrestricted area at                available documents online in the
                                                   actual process of loading the blast                    commercial nuclear power plant sites.                 ADAMS Public Documents collection at
                                                   holes.                                                 DATES: Submit comments by February 9,                 http://www.nrc.gov/reading-rm/
                                                  —The petitioner will maintain a daily                   2016. Comments received after this date               adams.html. To begin the search, select
                                                   ‘‘load’’ and ‘‘shot’’ report detailing all             will be considered if it is practical to do           ‘‘ADAMS Public Documents’’ and then
                                                   holes loaded and shots fired which                     so, but the NRC is able to ensure                     select ‘‘Begin Web-based ADAMS
                                                   contain this re-refined used oil/prill                 consideration only for comments                       Search.’’ For problems with ADAMS,
                                                   mixture.                                               received on or before this date.                      please contact the NRC’s Public
                                                                                                          Although a time limit is given,                       Document Room (PDR) reference staff at
                                                     (7) There have been no documented
                                                                                                          comments and suggestions in                           1–800–397–4209, 301–415–4737, or by
                                                  incidents at the Marigold Mine from use
                                                                                                          connection with items for inclusion in                email to pdr.resource@nrc.gov. The DG
                                                  of RDO–100 burner fuel to prepare
                                                                                                          guides currently being developed or                   is electronically available in ADAMS
                                                  ANFO. Marigold Mining has
                                                                                                          improvements in all published guides                  under Accession No. ML15237A388.
                                                  successfully used RDO–100 burner fuel                                                                            • NRC’s PDR: You may examine and
                                                  for over eight years without any                        are encouraged at any time.
                                                                                                          ADDRESSES: You may submit comments                    purchase copies of public documents at
                                                  problems, and has had several                                                                                 the NRC’s PDR, Room O1–F21, One
                                                  discussions with MSHA inspectors                        by any of the following methods (unless
                                                                                                          this document describes a different                   White Flint North, 11555 Rockville
                                                  during that period regarding use of the                                                                       Pike, Rockville, Maryland 20852.
                                                  product. Prior to Citation No. 8562938                  method for submitting comments on a
                                                  being issued and subsequently vacated                   specified subject):                                   B. Submitting Comments
                                                  in 2011, no MSHA inspector has ever                        • Federal Rulemaking Web site: Go to
                                                                                                          http://www.regulations.gov and search                   Please include Docket ID NRC–2015–
                                                  cited Marigold Mining for the use of                                                                          0272 in your comment submission.
                                                  RDO–100 burner fuel, nor has any                        for Docket ID NRC–2015–0272. Address
                                                                                                          questions about NRC dockets to Carol                    The NRC cautions you not to include
                                                  MSHA inspector ever advised Marigold                                                                          identifying or contact information that
                                                                                                          Gallagher; telephone: 301–415–3463;
                                                  Mining not use RDO–100 burner fuel.                                                                           you do not want to be publicly
                                                                                                          email: Carol.Gallagher@nrc.gov. For
                                                  Marigold Mining’s use of RDO–100                                                                              disclosed in your comment submission.
                                                                                                          technical questions, contact the
                                                  burner fuel is a safe environmentally                                                                         The NRC posts all comment
                                                                                                          individual(s) listed in the FOR FURTHER
                                                  responsible practice that complies with                                                                       submissions at http://
                                                                                                          INFORMATION CONTACT section of this
                                                  the requirements of 30 CFR 6309.                                                                              www.regulations.gov as well as entering
                                                                                                          document.
                                                     The petitioner asserts that application                 • Mail comments to: Cindy Bladey,                  the comment submissions into ADAMS.
                                                  of the existing standard will result in a               Office of Administration, Mail Stop:                  The NRC does not routinely edit
                                                  diminution of safety to the miners and                  OWFN–12H08, U.S. Nuclear Regulatory                   comment submissions to remove
                                                  that the proposed alternative method                    Commission, Washington, DC 20555–                     identifying or contact information.
                                                  will at all times guarantee no less than                0001.                                                   If you are requesting or aggregating
                                                  the same measure of protection afforded                    For additional direction on accessing              comments from other persons for
                                                  by the existing standard.                               information and submitting comments,                  submission to the NRC, then you should
                                                  Sheila McConnell,                                       see ‘‘Obtaining Information and                       inform those persons not to include
                                                                                                          Submitting Comments’’ in the                          identifying or contact information that
                                                  Acting Director, Office of Standards,
                                                  Regulations, and Variances.                             SUPPLEMENTARY INFORMATION section of                  they do not want to be publicly
                                                                                                          this document.                                        disclosed in their comment submission.
                                                  [FR Doc. 2015–31219 Filed 12–10–15; 8:45 am]
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Your request should state that the NRC
                                                  BILLING CODE 4520–43–P
                                                                                                          Thomas Nicholson, telephone: 301–                     does not routinely edit comment
                                                                                                          415–2471, email: Thomas.Nicholson@                    submissions to remove such information
                                                                                                          nrc.gov and Edward O’Donnell,                         before making the comment
                                                  NUCLEAR REGULATORY                                      telephone: 301–415–3317, email:                       submissions available to the public or
                                                  COMMISSION                                              Edward.ODonnell@nrc.gov. Both are                     entering the comment submissions into
                                                  [NRC–2015–0272]                                         staff of the Office of Nuclear Regulatory             ADAMS.
                                                                                                          Research, U.S. Nuclear Regulatory                     II. Additional Information
                                                  Assessment of Radioactive Discharges                    Commission, Washington, DC 20555–
                                                  in Ground Water to the Unrestricted                     0001.                                                    The NRC is issuing for public
                                                  Area at Nuclear Power Plant Sites                                                                             comment a DG in the NRC’s ‘‘Regulatory
                                                                                                          SUPPLEMENTARY INFORMATION:                            Guide’’ series. This series was
                                                  AGENCY: Nuclear Regulatory                              I. Obtaining Information and                          developed to describe and make
                                                  Commission.                                             Submitting Comments                                   available to the public information
                                                  ACTION: Draft regulatory guide; request                                                                       regarding methods that are acceptable to
                                                                                                          A. Obtaining Information                              the NRC staff for implementing specific
                                                  for comment.
                                                                                                            Please refer to Docket ID NRC–2015–                 parts of the NRC’s regulations,
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  0272 when contacting the NRC about                    techniques that the staff uses in
                                                  Commission (NRC) is issuing for public
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          the availability of information regarding             evaluating specific issues or postulated
                                                  comment draft regulatory guide (DG),                    this document. You may obtain                         events, and data that the staff needs in
                                                  DG–4025, ‘‘Assessment of Radioactive                    publicly-available information related to             its review of applications for permits
                                                  Discharges in Ground Water to the                       this document, by any of the following                and licenses.
                                                  Unrestricted Area at Nuclear Power                      methods:                                                 The DG, entitled, ‘‘Assessment of
                                                  Plant Sites.’’ This DG proposes guidance                  • Federal Rulemaking Web site: Go to                Radioactive Discharges in Ground Water
                                                  for an approach that the NRC staff                      http://www.regulations.gov and search                 to the Unrestricted Area at Nuclear
                                                  considers acceptable for use in assessing               for Docket ID NRC–2015–0272.                          Power Plant Sites’’ is a proposed new


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Document Created: 2018-03-02 09:13:31
Document Modified: 2018-03-02 09:13:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petitions must be received by the MSHA's Office of Standards, Regulations, and Variances on or before January 11, 2016.
ContactBarbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.]
FR Citation80 FR 77026 

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