81_FR_47562 81 FR 47422 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 47422 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47422-47437
FR Document2016-17173

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 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47422-47437]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17173]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: 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 MSHA's Office 
of Standards, Regulations, and Variances on or before August 22, 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, 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 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.

[[Page 47423]]

    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-2016-015-C.
    Petitioner: Canyon Fuel Company, LLC, HC 35, Box 380, Helper, Utah 
84526.
    Mine: Skyline mine, MSHA I.D. No. 42-01566, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.380(d)(4) (Escapeways; bituminous 
and lignite mines).
    Modification Requested: The petitioner requests a modification of 
the existing standard to permit an escapeway to be maintained at least 
4 feet wide where the route of travel passes by conveyor belt 
components. The petitioner states that:
    (1) The standard 6-foot wide walkway specified in 30 CFR 
75.380(d)(4) already allows for exceptions to the 6-foot walkway, 
including where supplemental support is installed and where the 
escapeways pass through doors. When these two situations arise, the 
standard 6-foot walkway is reduced to 4 feet. Conveyor belt components 
such as belt drives, belt storage units and belt transfers may also 
impinge upon the standard 6-foot walkway. The petitioner proposes to:
    (a) Demonstrate that four miners carrying a stretcher could quickly 
traverse an area at the widths proposed in this petition.
    (b) Identify the portions of the alternate escapeway where this 
petition is in effect on the mine map required by 30 CFR 75.372.
    (c) Maintain the full 4-foot width of the escapeway in areas 
affected by this petition free of accumulations of mud, water, and 
other hazards at all times.
    The petitioner asserts that the proposed alternative method will at 
all times provide no less than the same measure of protection afford by 
the existing standard.
    Docket Number: M-2016-016-C.
    Petitioner: Marshall County Coal Company, 1 Bridge Street, 
Monongah, West Virginia 26554.
    Mine: Marshall County Mine, MSHA I.D. No. 46-01437, located in 
Marshall County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Requested: The petitioner requests that the previously 
granted petition for modification be amended for the McElroy Coal 
Company, McElroy Mine, Docket Number M-1988-199-C (now known as the 
Marshall County Coal Company, Marshall County Mine, MSHA I.D. No. 46-
01437). The petitioner states that:
    (1) The large majority of petroleum wells in the Marshall County 
Coal Company Mine were drilled prior to 1930 when no standards for 
drilling and plugging existed. Many wells were abandoned during that 
time.
    (2) Extensive research conducted by the U.S. Bureau of Mines, 
Energy Research and Development Administration, MSHA and past 
experience by Consolidation Coal Company has disclosed that certain 
plugging methods can effectively prevent explosive well gases from 
entering the mine during regular mining operations and allow additional 
safety and operational benefits that are not possible under Sec.  
75.1700.
    (3) In lieu of establishing and maintaining barriers around oil and 
gas wells, the petitioner proposes to seal the Pittsburgh Coal Seam 
from the surrounding strata at the affected wells by using technology 
developed through the petitioner's successful well-plugging program. 
Since the inception of the well-plugging program, thousands of 
previously abandoned oil and gas wells have been effectively plugged 
and successfully been mined through or around.
    (4) In lieu of the method of plugging oil and gas wells approved in 
the previously granted petition, the petitioner proposes an alternative 
method that incorporates proven technological advances not available 
for plugging oil and gas wells when the previous petition was granted.
    As an alternative method of compliance with 30 CFR 75.1700, the 
petitioner proposes to maintain a safety barrier of 300 feet in 
diameter (150 feet between any mined area and a well) around all oil 
and gas wells (defined to include all active, inactive, abandoned, 
shut-in, and previously plugged wells, including water injection wells) 
until approval to proceed with mining has been obtained from the 
District Manager (DM).
    Prior to mining through any oil or gas wells, the petitioner will 
provide to the DM a declaration stating that all mandatory procedures 
for cleaning out, preparing, and plugging each gas or oil well have 
been completed. The declaration will be accompanied by logs described 
in this petition and any other records that the DM may request. The DM 
will review the declaration, the logs and any other records that have 
been requested, and may inspect the well, and determine if the operator 
has complied with the procedures for cleaning out, preparing and 
plugging each well. If the DM determines that the procedures have been 
complied with and provides an approval, the operator may then mine 
within the safety barrier of the well according to the terms of the 
Order.
    a. The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) If the total depth of the well is less than 4,000 feet, the 
operator will completely clean out the well from the surface to at 
least 200 feet below the base of the lowest mineable coal seam unless 
the DM requires cleaning to a greater depth based on what is required 
due to the geological strata, or due to the pressure within the well. 
If the total depth of the well is 4,000 feet or greater, the operator 
will completely clean out the well from the surface to at least 400 
feet below the base of the lowest mineable coal seam. The operator will 
remove all material from the entire diameter of well, wall to wall.
    (2) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for a bridge plug. The DM may approve the use of a 
down-hole camera survey in lieu of down-hole logs. In addition, the 
operator will maintain a journal describing: The depth and 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; 
the 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 cleaning and sealing the well. Invoices, work-
orders, and other records relating to all work on the well will be 
maintained as part of the journal and provided to MSHA on request.
    (3) Remove all of the casing in the well or, if it is not possible 
to remove all of the casing, fill the annulus between the casings and 
between the casings and the well walls with expanding cement (minimum 
0.5 percent expansion on setting) and ensure that these areas contain 
no voids. If the casing cannot be removed, the operator will cut or 
mill it at all mineable coal seam levels and perforate or rip it 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 uppermost mineable coal seam. If the 
operator can demonstrate to the satisfaction of the DM that all annuli 
in the well are already adequately sealed with cement

[[Page 47424]]

using a casing bond log, then the operator will 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), the 
operator will perforate or rip any casing that remains and fill with 
expanding cement and keep an acceptable casing bond log for each casing 
and tubing string used in lieu of ripping or perforating multiple 
strings.
    (4) Place a mechanical bridge plug in the well if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
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 DM requires a greater distance based on what is 
required due to the geological strata, or due to the pressure within 
the well. (The operator will provide the DM with all information it 
possesses concerning the geologic 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.
    (5) Properly place mechanical bridge plugs to isolate the 
hydrocarbon-producing stratum from the expanding cement plug, if the 
upper-most hydrocarbon-producing stratum is within 300 feet of the base 
of the lowest mineable coal seam. Nevertheless, the operator will 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 DM requires a greater distance base on what is required due 
to the geological strata, or due to the pressure within the well.
    b. The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry down the well to form a plug that 
runs from at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam (or 
lower if required by the DM due to the geological strata, or due to 
pressure within the well) to the surface. The operator will place the 
expanding cement in the well under a pressure of at least 200 pounds 
per square inch. 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 DM due to the 
geological strata, or due to the pressure within the well) to the 
surface.
    (2) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., prime farmland), the operator will use high-resolution 
GPS coordinates (one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug in the well by pumping expanding cement 
slurry down the tubing to provide at least 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 DM requires a greater depth 
due to the geological strata, or due to the pressure within the well. 
The operator will place the expanding cement in the well under a 
pressure of at least 200 pounds per square inch, and extend the top of 
the expanding cement at least 100 feet above the top of the coal seam 
being mined, unless the DM requires a greater distance due to the 
geological strata, or due to the pressure within the well.
    (2) Securely grout a suitable casing into the bedrock of the upper 
portion of the degasification well to protect it. The remainder of this 
well may be cased or uncased.
    (3) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM 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 will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the coal seam being mined. Remove 
any blockage to ensure that the tube is inserted to this depth.
    (ii) 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) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the API well number engraved or welded on the casing.
    d. The petitioner proposes to use the following procedures for 
preparing and plugging or replugging oil or gas wells that cannot be 
completely cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet (or 400 feet if the total well depth is 4,000 feet or 
greater) below the lowest mineable coal seam, unless the DM requires a 
greater depth due to the geological strata, or due to pressures within 
the well.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings 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 DM requires a greater 
distance due to the geological strata, or due to the pressure within 
the well. The operator will fill the annulus between the casings and 
between the casings and the well wall with expanding cement (minimum of 
0.5% expansion on setting), and ensure that these areas contain no 
voids. When multiple casing and tubing strings are present in the coal 
horizons, rip or perforate any casing that remains and fill with 
expanding cement. The operator will provide an acceptable casing bond 
log for each casing and tubing used in lieu of ripping or perforating 
multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well where there is insufficient casing in the well to 
allow use of the method outlined in paragraph (d)(3) above. Fracture 
the original well in at least six places 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 to a point at least 50 feet above the 
seam being mined at intervals to be agreed on by the petitioner and the 
DM after considering the geological strata and the pressure within the 
well. The operator will pump

[[Page 47425]]

expanding cement into the fractured well in sufficient quantities and 
in a manner that fills all intercepted voids.
    (5) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. The operator will maintain a 
journal describing: The depth and nature of each material encountered; 
bit size and type used to drill each portion of the hole; the length 
and type of each material used to plug the well; length of casing(s) 
removed, perforated, ripped, or left in place; and other pertinent 
information concerning sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (6) After the plugging the well, plug the open portions of both 
holes from the bottom to the surface with Portland cement or a 
lightweight cement mixture.
    (7) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) Install drivage spads at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining equipment. The drivage spads will not be 
more than 50 feet from the well. Install drivage spads on 10-foot 
centers for a distance of 50 feet in advance of the well when using 
longwall-mining methods. The drivage spads will also be installed in 
the headgate.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mine-through (when either the conventional or continuous mining method 
is used), will be available and operable during each well mine-through. 
The operator will locate the fire hose in the last open crosscut of the 
entry or room and 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.
    (4) Keep available at the last open crosscut, a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs and 
suitable sealing materials will be available in the immediate area of 
the well intersection.
    (5) On the shift prior to mining through the well, all equipment 
will be serviced and checked for permissibility. Water sprays, water 
pressures and water flow rates used for dust and spark suppression will 
be examined and any deficiencies will be corrected.
    (6) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
it. No individual is allowed on the return side during the actual 
cutting process until the mine-through has been completed and the area 
examined and declared safe. All workplace examinations will be 
conducted on the return side of the shearer while the shearer is idle.
    (8) Keep the working place free from accumulations of coal dust and 
coal spillages, and apply rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (9) When using continuous or conventional mining methods, the 
working places will be free of accumulations of coal dust and coal 
spillages, and rock dust will be applied on the roof, rib, and floor to 
within 20 feet of the face when mining through the well. On longwall 
sections, rock dusting will be conducted and place on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) Deenergize all equipment when the well is intersected and 
thoroughly examine the place and determine it is safe before resuming 
mining. After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a distance 
sufficient to permit adequate ventilation around the area of the well.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. In rare instances, torches may be 
used for inadequately or inaccurately cut or milled casings. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. The operator will 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.
    (12) Non-sparking (brass) tools will be located on the working 
section and will be used to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
including company personnel, representative of the miners, personnel 
from MSHA, and personnel from the appropriate State agency.
    (14) The operator will 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 
will be repeated for all shifts until the well has been mined through.
    (15) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved part 48 training plan 
to the DM. The proposed revisions will include initial and refresher 
training regarding compliance with the terms and conditions of this 
petition for modification. The operator will provide all miners 
involved in the mine-through of a well with training regarding the 
requirements of this petition for modification prior to mining within 
150 feet of the next well to be mined through.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved mine emergency 
evacuation and firefighting plan required in 30 CFR 75.1501. The 
petitioner will revise the plans 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 DM's 
approval of the revised evacuation plan.

[[Page 47426]]

Such training may be done in a weekly safety meeting or other type of 
appropriate setting.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.
    Docket Number: M-2016-017-C.
    Petitioner: The Marion County Coal Company, 1 Bridge Street, 
Monongah, West Virginia 26554.
    Mine: Marion County Mine, MSHA I.D. No. 46-01433, located in Marion 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Requested: The petitioner requests that the previously 
granted petition for modification be amended for the Consolidation Coal 
Company, Loveridge Mine, Docket Number M-1990-156-C (now known as the 
Marion County Coal Company, Marion County Mine, MSHA I.D. No. 46-
01433). The petitioner states that:
    (1) The large majority of petroleum wells in the Marion County Coal 
Company Mine were drilled prior to 1930 when no standards for drilling 
and plugging existed. Many wells were abandoned during that time.
    (2) Extensive research conducted by the U.S. Bureau of Mines, 
Energy Research and Development Administration, MSHA and past 
experience by Consolidation Coal Company has disclosed that certain 
plugging methods can effectively prevent explosive well gases from 
entering the mine during regular mining operations and allow additional 
safety and operational benefits that are not possible under Sec.  
75.1700.
    (3) In lieu of establishing and maintaining barriers around oil and 
gas wells, the petitioner proposes to seal the Pittsburgh Coal Seam 
from the surrounding strata at the affected wells by using technology 
developed through the petitioner's successful well-plugging program. 
Since the inception of the well-plugging program, thousands of 
previously abandoned oil and gas wells have been effectively plugged 
and successfully been mined through or around.
    (4) In lieu of the method of plugging oil and gas wells approved in 
the previously granted petition, the petitioner proposes an alternative 
method that incorporates proven technological advances not available 
for plugging oil and gas wells when the previous petition was granted.
    As an alternative method of compliance with 30 CFR 75.1700, the 
petitioner proposes to maintain a safety barrier of 300 feet in 
diameter (150 feet between any mined area and a well) around all oil 
and gas wells (defined to include all active, inactive, abandoned, 
shut-in, and previously plugged wells, including water injection wells) 
until approval to proceed with mining has been obtained from the 
District Manager (DM).
    Prior to mining through any oil or gas wells, the petitioner will 
provide to the DM a declaration stating that all mandatory procedures 
for cleaning out, preparing, and plugging each gas or oil well have 
been completed. The declaration will be accompanied by logs described 
in this petition and any other records that the DM may request. The DM 
will review the declaration, the logs and any other records that have 
been requested, and may inspect the well, and will then determine if 
the operator has complied with the procedures for cleaning out, 
preparing and plugging each well. If the DM determines that the 
procedures have been complied with and provides an approval, the 
operator may then mine within the safety barrier of the well according 
to the terms of the Order.
    a. The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) If the total depth of the well is less than 4,000 feet, the 
operator will completely clean out the well from the surface to at 
least 200 feet below the base of the lowest mineable coal seam unless 
the DM requires cleaning to a greater depth based on what is required 
due to the geological strata, or due to the pressure within the well. 
If the total depth of the well is 4,000 feet or greater, the operator 
will completely clean out the well from the surface to at least 400 
feet below the base of the lowest mineable coal seam. The operator will 
remove all material from the entire diameter of well, wall to wall.
    (2) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for a bridge plug. The DM may approve the use of a 
down-hole camera survey in lieu of down-hole logs. In addition, 
maintain a journal describing: The depth and 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; the 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 cleaning and sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (3) Remove all of the casing in the well or, if it is not possible 
to remove all of the casing, fill the annulus between the casings and 
between the casings and the well walls with expanding cement (minimum 
0.5 percent expansion on setting) and ensure that these areas contain 
no voids. If the casing cannot be removed, the operator will cut or 
mill it at all mineable coal seam levels and perforate or rip it 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 uppermost mineable coal seam. If the 
operator can demonstrate to the satisfaction of the DM that all annuli 
in the well are already adequately sealed with cement using a casing 
bond log, then the operator will 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), the operator will perforate 
or rip any casing that remains and fill with expanding cement and keep 
an acceptable casing bond log for each casing and tubing string used in 
lieu of ripping or perforating multiple strings.
    (4) Place a mechanical bridge plug in the well if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
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 DM requires a greater distance based on what is 
required due to the geological strata, or due to the pressure within 
the well. (The operator will provide the DM with all information it 
possesses concerning the geologic 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.
    (5) Properly place mechanical bridge plugs to isolate the 
hydrocarbon-producing stratum from the expanding cement plug, if the 
upper-most hydrocarbon-producing stratum is within 300 feet of the base 
of the lowest mineable coal seam. Nevertheless, the operator will 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 DM requires a greater distance base on what is required due 
to the geological strata, or due to the pressure within the well.

[[Page 47427]]

    b. The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry down the well to form a plug that 
runs from at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam (or 
lower if required by the DM due to the geological strata, or due to 
pressure within the well) to the surface. The operator will place the 
expanding cement in the well under a pressure of at least 200 pounds 
per square inch. 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 DM due to the 
geological strata, or due to the pressure within the well) to the 
surface.
    (2) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., prime farmland), the operator will use high-resolution 
GPS coordinates (one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug in the well by pumping expanding cement 
slurry down the tubing to provide at least 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 DM requires a greater depth 
due to the geological strata, or due to the pressure within the well. 
The operator will place the expanding cement in the well under a 
pressure of at least 200 pounds per square inch and extend the top of 
the expanding cement at least 100 feet above the top of the coal seam 
being mined, unless the DM requires a greater distance due to the 
geological strata, or due to the pressure within the well.
    (2) Securely grout a suitable casing into the bedrock of the upper 
portion of the degasification well to protect it. The remainder of this 
well may be cased or uncased.
    (3) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM 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 will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the coal seam being mined. Remove 
any blockage to ensure that the tube is inserted to this depth.
    (ii) 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) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the API well number engraved or welded on the casing.
    d. The petitioner proposes to use the following procedures for 
preparing and plugging or replugging oil or gas wells that cannot be 
completely cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet (or 400 feet if the total well depth is 4,000 feet or 
greater) below the lowest mineable coal seam, unless the DM requires a 
greater depth due to the geological strata, or due to pressures within 
the well.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings 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 DM requires a greater 
distance due to the geological strata, or due to the pressure within 
the well. The operator will fill the annulus between the casings and 
between the casings and the well wall with expanding cement (minimum of 
0.5% expansion on setting), and ensure that these areas contain no 
voids. When multiple casing and tubing strings are present in the coal 
horizons, rip or perforate any casing that remains and fill with 
expanding cement. The operator will provide an acceptable casing bond 
log for each casing and tubing used in lieu of ripping or perforating 
multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well where there is sufficient casing in the well to allow 
use of the method outlined in paragraph (d)(3) above. Fracture the 
original well in at least six places 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 to a point at least 50 feet above the seam 
being mined at intervals to be agreed on by the petitioner and the DM 
after considering the geological strata and the pressure within the 
well. The operator will pump expanding cement into the fractured well 
in sufficient quantities and in a manner that fills all intercepted 
voids.
    (5) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. The operator will maintain a 
journal describing; the depth and nature of each material encountered; 
bit size and type used to drill each portion of the hole; the length 
and type of each material used to plug the well; length of casing(s) 
removed, perforated, ripped, or left in place; and other pertinent 
information concerning sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (6) After the plugging the well, plug the open portions of both 
holes from the bottom to the surface with Portland cement or a 
lightweight cement mixture.
    (7) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) Install drivage spads at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining equipment. The

[[Page 47428]]

drivage spads will not be more than 50 feet from the well. Install 
drivage spads on 10-foot centers for a distance of 50 feet in advance 
of the well when using longwall-mining methods. The drivage spads will 
also be installed in the headgate.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mine-through (when either the conventional or continuous mining method 
is used), will be available and operable during each well mine-through. 
The operator will locate the fire hose in the last open crosscut of the 
entry or room and 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.
    (4) Keep available at the last open crosscut, a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs and 
suitable sealing materials will be available in the immediate area of 
the well intersection.
    (5) On the shift prior to mining through the well, all equipment 
will be serviced and checked for permissibility. Water sprays, water 
pressures and water flow rates used for dust and spark suppression will 
be examined and any deficiencies will be corrected.
    (6) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
it. No individual is allowed on the return side during the actual 
cutting process until the mine-through has been completed and the area 
examined and declared safe. All workplace examinations will be 
conducted on the return side of the shearer while the shearer is idle.
    (8) Keep the working place free from accumulations of coal dust and 
coal spillages, and apply rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (9) When using continuous or conventional mining methods, the 
working places will be free of accumulations of coal dust and coal 
spillages, and rock dust will be applied on the roof, rib, and floor to 
within 20 feet of the face when mining through the well. On longwall 
sections, rock dusting will be conducted and place on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) Deenergize all equipment when the well is intersected and 
thoroughly examine the place and determine it is safe before resuming 
mining. After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a distance 
sufficient to permit adequate ventilation around the area of the well.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. In rare instances, torches may be 
used for inadequately or inaccurately cut or milled casings. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. The operator will 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.
    (12) Non-sparking (brass) tools will be located on the working 
section and will be used to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
including company personnel, representative of the miners, personnel 
from MSHA, and personnel from the appropriate State agency.
    (14) The operator will 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 
will be repeated for all shifts until the well has been mined through.
    (15) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved part 48 training plan 
to the DM. The proposed revisions will include initial and refresher 
training regarding compliance with the terms and conditions of this 
petition for modification. The operator will provide all miners 
involved in the mine-through of a well with training regarding the 
requirements of this petition for modification prior to mining within 
150 feet of the next well to be mined through.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved mine emergency 
evacuation and firefighting plan required in 30 CFR 75.1501. The 
petitioner will revise the plans 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 DM's 
approval of the revised evacuation plan. Such training may be done in a 
weekly safety meeting or other type of appropriate setting.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.
    Docket Number: M-2016-018-C.
    Petitioner: The Monongalia County Coal Company, 1 Bridge Street, 
Monongah, West Virginia 26554.
    Mine: Monongalia County Mine, MSHA I.D. No. 46-01968, located in 
Monongalia County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Requested: The petitioner requests that the previously 
granted petition for modification be amended for the Consolidation Coal 
Company, Blacksville No. 2 Mine, Docket Number M-2001-014-C (now known 
as the Monongalia County Coal Company, Monongalia County Mine, MSHA 
I.D. No. 46-01968). The petitioner states that:
    (1) The large majority of petroleum wells in the Marion County Coal 
Company Mine were drilled prior to 1930 when no standards for drilling 
and plugging existed. Many wells were abandoned during that time.
    (2) Extensive research conducted by the U.S. Bureau of Mines, 
Energy Research and Development Administration, MSHA and past 
experience by Consolidation Coal Company has disclosed that certain 
plugging methods can effectively prevent explosive well gases from 
entering the mine during regular mining operations and allow additional 
safety and operational benefits that are not possible under Sec.  
75.1700.
    (3) In lieu of establishing and maintaining barriers around oil and 
gas wells, the petitioner proposes to seal the

[[Page 47429]]

Pittsburgh Coal Seam from the surrounding strata at the affected wells 
by using technology developed through the petitioner's successful well-
plugging program. Since the inception of the well-plugging program, 
thousands of previously abandoned oil and gas wells have been 
effectively plugged and successfully been mined through or around.
    (4) In lieu of the method of plugging oil and gas wells approved in 
the previously granted petition, the petitioner proposes an alternative 
method that incorporates proven technological advances not available 
for plugging oil and gas wells when the previous petition was granted.
    As an alternative method of compliance with 30 CFR 75.1700, the 
petitioner proposes to maintain a safety barrier of 300 feet in 
diameter (150 feet between any mined area and a well) around all oil 
and gas wells (defined to include all active, inactive, abandoned, 
shut-in, and previously plugged wells, including water injection wells) 
until approval to proceed with mining has been obtained from the 
District Manager (DM).
    Prior to mining through any oil or gas wells, the petitioner will 
provide to the DM a declaration stating that all mandatory procedures 
for cleaning out, preparing, and plugging each gas or oil well have 
been completed. The declaration will be accompanied by logs described 
in this petition and any other records that the DM may request. The DM 
will review the declaration, the logs and any other records that have 
been requested, and may inspect the well, and will then determine if 
the operator has complied with the procedures for cleaning out, 
preparing and plugging each well. If the DM determines that the 
procedures have been complied with and provides an approval, the 
operator may then mine within the safety barrier of the well according 
to the terms of the Order.
    a. The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) If the total depth of the well is less than 4,000 feet, the 
operator will completely clean out the well from the surface to at 
least 200 feet below the base of the lowest mineable coal seam unless 
the DM requires cleaning to a greater depth based on what is required 
due to the geological strata, or due to the pressure within the well. 
If the total depth of the well is 4,000 feet or greater, the operator 
will completely clean out the well from the surface to at least 400 
feet below the base of the lowest mineable coal seam. The operator will 
remove all material from the entire diameter of well, wall to wall.
    (2) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for a bridge plug. The DM may approve the use of a 
down-hole camera survey in lieu of down-hole logs. In addition, 
maintain a journal describing: The depth and 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; The 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 cleaning and sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (3) Remove all of the casing in the well or, if it is not possible 
to remove all of the casing, fill the annulus between the casings and 
between the casings and the well walls with expanding cement (minimum 
0.5 percent expansion on setting) and ensure that these areas contain 
no voids. If the casing cannot be removed, the operator will cut or 
mill it at all mineable coal seam levels and perforate or rip it 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 uppermost mineable coal seam. If the 
operator can demonstrate to the satisfaction of the DM that all annuli 
in the well are already adequately sealed with cement using a casing 
bond log, then the operator will 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), the operator will perforate 
or rip any casing that remains and fill with expanding cement and keep 
an acceptable casing bond log for each casing and tubing string used in 
lieu of ripping or perforating multiple strings.
    (4) Place a mechanical bridge plug in the well if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
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 DM requires a greater distance based on what is 
required due to the geological strata, or due to the pressure within 
the well. (The operator will provide the DM with all information it 
possesses concerning the geologic 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.
    (5) Properly place mechanical bridge plugs to isolate the 
hydrocarbon-producing stratum from the expanding cement plug, if the 
upper-most hydrocarbon-producing stratum is within 300 feet of the base 
of the lowest mineable coal seam. Nevertheless, the operator will 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 DM requires a greater distance base on what is required due 
to the geological strata, or due to the pressure within the well.
    b. The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry down the well to form a plug that 
runs from at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam (or 
lower if required by the DM due to the geological strata, or due to 
pressure within the well) to the surface. The operator will place the 
expanding cement in the well under a pressure of at least 200 pounds 
per square inch. 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 DM due to the 
geological strata, or due to the pressure within the well) to the 
surface.
    (2) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., prime farmland), the operator will use high-resolution 
GPS coordinates (one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug in the well by pumping expanding cement 
slurry down the tubing to provide at least 200 feet (400 feet if the 
total well depth is 4,000 feet or greater) of expanding

[[Page 47430]]

cement below the lowest mineable coal seam, unless the DM requires a 
greater depth due to the geological strata, or due to the pressure 
within the well. The operator will place the expanding cement in the 
well under a pressure of at least 200 pounds per square inch and extend 
the top of the expanding cement at least 100 feet above the top of the 
coal seam being mined, unless the DM requires a greater distance due to 
the geological strata, or due to the pressure within the well.
    (2) Securely grout a suitable casing into the bedrock of the upper 
portion of the degasification well to protect it. The remainder of this 
well may be cased or uncased.
    (3) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM 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 will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the coal seam being mined. Remove 
any blockage to ensure that the tube is inserted to this depth.
    (ii) 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) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the API well number engraved or welded on the casing.
    d. The petitioner proposes to use the following procedures for 
preparing and plugging or replugging oil or gas wells that cannot be 
completely cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet (or 400 feet if the total well depth is 4,000 feet or 
greater) below the lowest mineable coal seam, unless the DM requires a 
greater depth due to the geological strata, or due to pressures within 
the well.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings 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 DM requires a greater 
distance due to the geological strata, or due to the pressure within 
the well. The operator will fill the annulus between the casings and 
between the casings and the well wall with expanding cement (minimum of 
0.5% expansion on setting), and ensure that these areas contain no 
voids. When multiple casing and tubing strings are present in the coal 
horizons, rip or perforate any casing that remains and fill with 
expanding cement. The operator will provide an acceptable casing bond 
log for each casing and tubing used in lieu of ripping or perforating 
multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well where there is sufficient casing in the well to allow 
use of the method outlined in paragraph (d)(3) above. Fracture the 
original well in at least six places 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 to a point at least 50 feet above the seam 
being mined at intervals to be agreed on by the petitioner and the DM 
after considering the geological strata and the pressure within the 
well. The operator will pump expanding cement into the fractured well 
in sufficient quantities and in a manner that fills all intercepted 
voids.
    (5) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. The operator will maintain a 
journal describing; the depth and nature of each material encountered; 
bit size and type used to drill each portion of the hole; the length 
and type of each material used to plug the well; length of casing(s) 
removed, perforated, ripped, or left in place; and other pertinent 
information concerning sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (6) After the plugging the well, plug the open portions of both 
holes from the bottom to the surface with Portland cement or a 
lightweight cement mixture.
    (7) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) Install drivage spads at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining equipment. The drivage spads will not be 
more than 50 feet from the well. Install drivage spads on 10-foot 
centers for a distance of 50 feet in advance of the well when using 
longwall-mining methods. The drivage spads will also be installed in 
the headgate.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mine-through (when either the conventional or continuous mining method 
is used), will be available and operable during each well mine-through. 
The operator will locate the fire hose in the last open crosscut of the 
entry or room and 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.
    (4) Keep available at the last open crosscut, a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs and 
suitable sealing materials will be available in the immediate area of 
the well intersection.
    (5) On the shift prior to mining through the well, all equipment 
will be serviced and checked for permissibility. Water sprays, water 
pressures and water flow rates used for dust and spark suppression will 
be examined and any deficiencies will be corrected.
    (6) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well

[[Page 47431]]

is intersected and immediately prior to mining through it. No 
individual is allowed on the return side during the actual cutting 
process until the mine-through has been completed and the area examined 
and declared safe. All workplace examinations will be conducted on the 
return side of the shearer while the shearer is idle.
    (8) Keep the working place free from accumulations of coal dust and 
coal spillages, and apply rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (9) When using continuous or conventional mining methods, the 
working places will be free of accumulations of coal dust and coal 
spillages, and rock dust will be applied on the roof, rib, and floor to 
within 20 feet of the face when mining through the well. On longwall 
sections, rock dusting will be conducted and place on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) Deenergize all equipment when the well is intersected and 
thoroughly examine the place and determine it is safe before resuming 
mining. After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a distance 
sufficient to permit adequate ventilation around the area of the well.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. In rare instances, torches may be 
used for inadequately or inaccurately cut or milled casings. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. The operator will 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.
    (12) Non-sparking (brass) tools will be located on the working 
section and will be used to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
including company personnel, representative of the miners, personnel 
from MSHA, and personnel from the appropriate State agency.
    (14) The operator will 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 
will be repeated for all shifts until the well has been mined through.
    (15) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved part 48 training plan 
to the DM. The proposed revisions will include initial and refresher 
training regarding compliance with the terms and conditions of this 
petition for modification. The operator will provide all miners 
involved in the mine-through of a well with training regarding the 
requirements of this petition for modification prior to mining within 
150 feet of the next well to be mined through.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved mine emergency 
evacuation and firefighting plan required in 30 CFR 75.1501. The 
petitioner will revise the plans 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 DM's 
approval of the revised evacuation plan. Such training may be done in a 
weekly safety meeting or other type of appropriate setting.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.
    Docket Number: M-2016-019-C.
    Petitioner: The Harrison County Coal Company, 1 Bridge Street, 
Monongah, West Virginia 26554.
    Mine: Harrison County Mine, MSHA I.D. No. 46-01318, located in 
Marion County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Requested: The petitioner requests that the previously 
granted petition for modification be amended for the Consolidation Coal 
Company, Robinson Run Mine, Docket Number M-2001-015-C (now known as 
the Harrison County Coal Company, Harrison County Mine, MSHA I.D. No. 
46-01318). The petitioner states that:
    (1) The large majority of petroleum wells in the Marion County Coal 
Company Mine were drilled prior to 1930 when no standards for drilling 
and plugging existed. Many wells were abandoned during that time.
    (2) Extensive research conducted by the U.S. Bureau of Mines, 
Energy Research and Development Administration, MSHA and past 
experience by Consolidation Coal Company has disclosed that certain 
plugging methods can effectively prevent explosive well gases from 
entering the mine during regular mining operations and allow additional 
safety and operational benefits that are not possible under Sec.  
75.1700.
    (3) In lieu of establishing and maintaining barriers around oil and 
gas wells, the petitioner proposes to seal the Pittsburgh Coal Seam 
from the surrounding strata at the affected wells by using technology 
developed through the petitioner's successful well-plugging program. 
Since the inception of the well-plugging program, thousands of 
previously abandoned oil and gas wells have been effectively plugged 
and successfully been mined through or around.
    (4) In lieu of the method of plugging oil and gas wells approved in 
the previously granted petition, the petitioner proposes an alternative 
method that incorporates proven technological advances not available 
for plugging oil and gas wells when the previous petition was granted.
    As an alternative method of compliance with 30 CFR 75.1700, the 
petitioner proposes to maintain a safety barrier of 300 feet in 
diameter (150 feet between any mined area and a well) around all oil 
and gas wells (defined to include all active, inactive, abandoned, 
shut-in, and previously plugged wells, including water injection wells) 
until approval to proceed with mining has been obtained from the 
District Manager (DM).
    Prior to mining through any oil or gas wells, the petitioner will 
provide to the DM a declaration stating that all mandatory procedures 
for cleaning out, preparing, and plugging each gas or oil well have 
been completed. The declaration will be accompanied by logs described 
in this petition and any other records that the DM may request. The DM 
will review the declaration, the logs and any other records that have 
been requested, and may inspect the well, and will then determine if 
the operator has complied with the procedures for cleaning out, 
preparing and plugging each well. If the DM determines that the 
procedures have been complied with and provides an approval, the 
operator

[[Page 47432]]

may then mine within the safety barrier of the well according to the 
terms of the Order.
    a. The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) If the total depth of the well is less than 4,000 feet, the 
operator will completely clean out the well from the surface to at 
least 200 feet below the base of the lowest mineable coal seam unless 
the DM requires cleaning to a greater depth based on what is required 
due to the geological strata, or due to the pressure within the well. 
If the total depth of the well is 4,000 feet or greater, the operator 
will completely clean out the well from the surface to at least 400 
feet below the base of the lowest mineable coal seam. The operator will 
remove all material from the entire diameter of well, wall to wall.
    (2) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for a bridge plug. The DM may approve the use of a 
down-hole camera survey in lieu of down-hole logs. In addition, 
maintain a journal describing: The depth and 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; the 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 cleaning and sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (3) Remove all of the casing in the well or, if it is not possible 
to remove all of the casing, fill the annulus between the casings and 
between the casings and the well walls with expanding cement (minimum 
0.5 percent expansion on setting) and ensure that these areas contain 
no voids. If the casing cannot be removed, the operator will cut or 
mill it at all mineable coal seam levels and perforate or rip it 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 uppermost mineable coal seam. If the 
operator can demonstrate to the satisfaction of the DM that all annuli 
in the well are already adequately sealed with cement using a casing 
bond log, then the operator will 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), the operator will perforate 
or rip any casing that remains and fill with expanding cement and keep 
an acceptable casing bond log for each casing and tubing string used in 
lieu of ripping or perforating multiple strings.
    (4) Place a mechanical bridge plug in the well if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
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 DM requires a greater distance based on what is 
required due to the geological strata, or due to the pressure within 
the well. (The operator will provide the DM with all information it 
possesses concerning the geologic 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.
    (5) Properly place mechanical bridge plugs to isolate the 
hydrocarbon-producing stratum from the expanding cement plug, if the 
upper-most hydrocarbon-producing stratum is within 300 feet of the base 
of the lowest mineable coal seam. Nevertheless, the operator will 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 DM requires a greater distance base on what is required due 
to the geological strata, or due to the pressure within the well.
    b. The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry down the well to form a plug that 
runs from at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam (or 
lower if required by the DM due to the geological strata, or due to 
pressure within the well) to the surface. The operator will place the 
expanding cement in the well under a pressure of at least 200 pounds 
per square inch. 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 DM due to the 
geological strata, or due to the pressure within the well) to the 
surface.
    (2) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., prime farmland), the operator will use high-resolution 
GPS coordinates (one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug in the well by pumping expanding cement 
slurry down the tubing to provide at least 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 DM requires a greater depth 
due to the geological strata, or due to the pressure within the well. 
The operator will place the expanding cement in the well under a 
pressure of at least 200 pounds per square inch and extend the top of 
the expanding cement at least 100 feet above the top of the coal seam 
being mined, unless the DM requires a greater distance due to the 
geological strata, or due to the pressure within the well.
    (2) Securely grout a suitable casing into the bedrock of the upper 
portion of the degasification well to protect it. The remainder of this 
well may be cased or uncased.
    (3) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM 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 will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the coal seam being mined. Remove 
any blockage to ensure that the tube is inserted to this depth.
    (ii) 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) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as

[[Page 47433]]

a permanent magnetic monument of the well. In the alternative, extend a 
4\1/2\-inch or larger casing, set in cement, at least 36 inches above 
the ground level with the API well number engraved or welded on the 
casing.
    d. The petitioner proposes to use the following procedures for 
preparing and plugging or replugging oil or gas wells that cannot be 
completely cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet (or 400 feet if the total well depth is 4,000 feet or 
greater) below the lowest mineable coal seam, unless the DM requires a 
greater depth due to the geological strata, or due to pressures within 
the well.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings 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 DM requires a greater 
distance due to the geological strata, or due to the pressure within 
the well. The operator will fill the annulus between the casings and 
between the casings and the well wall with expanding cement (minimum of 
0.5% expansion on setting), and ensure that these areas contain no 
voids. When multiple casing and tubing strings are present in the coal 
horizons, rip or perforate any casing that remains and fill with 
expanding cement. The operator will provide an acceptable casing bond 
log for each casing and tubing used in lieu of ripping or perforating 
multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well where there is sufficient casing in the well to allow 
use of the method outlined in paragraph (d)(3) above. Fracture the 
original well in at least six places 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 to a point at least 50 feet above the seam 
being mined at intervals to be agreed on by the petitioner and the DM 
after considering the geological strata and the pressure within the 
well. The operator will pump expanding cement into the fractured well 
in sufficient quantities and in a manner that fills all intercepted 
voids.
    (5) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. The operator will maintain a 
journal describing; the depth and nature of each material encountered; 
bit size and type used to drill each portion of the hole; the length 
and type of each material used to plug the well; length of casing(s) 
removed, perforated, ripped, or left in place; and other pertinent 
information concerning sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (6) After the plugging the well, plug the open portions of both 
holes from the bottom to the surface with Portland cement or a 
lightweight cement mixture.
    (7) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) Install drivage spads at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining equipment. The drivage spads will not be 
more than 50 feet from the well. Install drivage spads on 10-foot 
centers for a distance of 50 feet in advance of the well when using 
longwall-mining methods. The drivage spads will also be installed in 
the headgate.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mine-through (when either the conventional or continuous mining method 
is used), will be available and operable during each well mine-through. 
The operator will locate the fire hose in the last open crosscut of the 
entry or room and 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.
    (4) Keep available at the last open crosscut, a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs and 
suitable sealing materials will be available in the immediate area of 
the well intersection.
    (5) On the shift prior to mining through the well, all equipment 
will be serviced and checked for permissibility. Water sprays, water 
pressures and water flow rates used for dust and spark suppression will 
be examined and any deficiencies will be corrected.
    (6) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
it. No individual is allowed on the return side during the actual 
cutting process until the mine-through has been completed and the area 
examined and declared safe. All workplace examinations will be 
conducted on the return side of the shearer while the shearer is idle.
    (8) Keep the working place free from accumulations of coal dust and 
coal spillages, and apply rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (9) When using continuous or conventional mining methods, the 
working places will be free of accumulations of coal dust and coal 
spillages, and rock dust will be applied on the roof, rib, and floor to 
within 20 feet of the face when mining through the well. On longwall 
sections, rock dusting will be conducted and place on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) Deenergize all equipment when the well is intersected and 
thoroughly examine the place and determine it is safe before resuming 
mining. After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a distance 
sufficient to permit adequate ventilation around the area of the well.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. In rare instances, torches may be 
used for inadequately or inaccurately cut or milled casings. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less

[[Page 47434]]

than 1.0 percent in all areas that will be exposed to flames and sparks 
from the torch. The operator will 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.
    (12) Non-sparking (brass) tools will be located on the working 
section and will be used to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
including company personnel, representative of the miners, personnel 
from MSHA, and personnel from the appropriate State agency.
    (14) The operator will 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 
will be repeated for all shifts until the well has been mined through.
    (15) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved part 48 training plan 
to the DM. The proposed revisions will include initial and refresher 
training regarding compliance with the terms and conditions of this 
petition for modification. The operator will provide all miners 
involved in the mine-through of a well with training regarding the 
requirements of this petition for modification prior to mining within 
150 feet of the next well to be mined through.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved mine emergency 
evacuation and firefighting plan required in 30 CFR 75.1501. The 
petitioner will revise the plans 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 DM's 
approval of the revised evacuation plan. Such training may be done in a 
weekly safety meeting or other type of appropriate setting.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.
    Docket Number: M-2016-020-C.
    Petitioner: The Ohio County Coal Company, 1 Bridge Street, 
Monongah, West Virginia 26554.
    Mine: Ohio County Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Requested: The petitioner requests that the previously 
granted petition for modification be amended for the Consolidation Coal 
Company, Shoemaker Mine, Docket Number M-1990-066-C (now known as the 
Ohio County Coal Company, Ohio County Mine, MSHA I.D. No. 46-01436). 
The petitioner states that:
    (1) The large majority of petroleum wells in the Marion County Coal 
Company Mine were drilled prior to 1930 when no standards for drilling 
and plugging existed. Many wells were abandoned during that time.
    (2) Extensive research conducted by the U.S. Bureau of Mines, 
Energy Research and Development Administration, MSHA and past 
experience by Consolidation Coal Company has disclosed that certain 
plugging methods can effectively prevent explosive well gases from 
entering the mine during regular mining operations and allow additional 
safety and operational benefits that are not possible under Sec.  
75.1700.
    (3) In lieu of establishing and maintaining barriers around oil and 
gas wells, the petitioner proposes to seal the Pittsburgh Coal Seam 
from the surrounding strata at the affected wells by using technology 
developed through the petitioner's successful well-plugging program. 
Since the inception of the well-plugging program, thousands of 
previously abandoned oil and gas wells have been effectively plugged 
and successfully been mined through or around.
    (4) In lieu of the method of plugging oil and gas wells approved in 
the previously granted petition, the petitioner proposes an alternative 
method that incorporates proven technological advances not available 
for plugging oil and gas wells when the previous petition was granted.
    As an alternative method of compliance with 30 CFR 75.1700, the 
petitioner proposes to maintain a safety barrier of 300 feet in 
diameter (150 feet between any mined area and a well) around all oil 
and gas wells (defined to include all active, inactive, abandoned, 
shut-in, and previously plugged wells, including water injection wells) 
until approval to proceed with mining has been obtained from the 
District Manager (DM).
    Prior to mining through any oil or gas wells, the petitioner will 
provide to the DM a declaration stating that all mandatory procedures 
for cleaning out, preparing, and plugging each gas or oil well have 
been completed. The declaration will be accompanied by logs described 
in this petition and any other records that the DM may request. The DM 
will review the declaration, the logs and any other records that have 
been requested, and may inspect the well, and will then determine if 
the operator has complied with the procedures for cleaning out, 
preparing and plugging each well. If the DM determines that the 
procedures have been complied with and provides an approval, the 
operator may then mine within the safety barrier of the well according 
to the terms of the Order.
    a. The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) If the total depth of the well is less than 4,000 feet, the 
operator will completely clean out the well from the surface to at 
least 200 feet below the base of the lowest mineable coal seam unless 
the DM requires cleaning to a greater depth based on what is required 
due to the geological strata, or due to the pressure within the well. 
If the total depth of the well is 4,000 feet or greater, the operator 
will completely clean out the well from the surface to at least 400 
feet below the base of the lowest mineable coal seam. The operator will 
remove all material from the entire diameter of well, wall to wall.
    (2) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for a bridge plug. The DM may approve the use of a 
down-hole camera survey in lieu of down-hole logs. In addition, 
maintain a journal describing: The depth and 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; the 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 cleaning and sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (3) Remove all of the casing in the well or, if it is not possible 
to remove

[[Page 47435]]

all of the casing, fill the annulus between the casings and between the 
casings and the well walls with expanding cement (minimum 0.5 percent 
expansion on setting) and ensure that these areas contain no voids. If 
the casing cannot be removed, the operator will cut or mill it at all 
mineable coal seam levels and perforate or rip it 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 uppermost mineable coal seam. If the operator can 
demonstrate to the satisfaction of the DM that all annuli in the well 
are already adequately sealed with cement using a casing bond log, then 
the operator will 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), the operator will perforate or rip any 
casing that remains and fill with expanding cement and keep an 
acceptable casing bond log for each casing and tubing string used in 
lieu of ripping or perforating multiple strings.
    (4) Place a mechanical bridge plug in the well if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
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 DM requires a greater distance based on what is 
required due to the geological strata, or due to the pressure within 
the well. (The operator will provide the DM with all information it 
possesses concerning the geologic 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.
    (5) Properly place mechanical bridge plugs to isolate the 
hydrocarbon-producing stratum from the expanding cement plug, if the 
upper-most hydrocarbon-producing stratum is within 300 feet of the base 
of the lowest mineable coal seam. Nevertheless, the operator will 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 DM requires a greater distance base on what is required due 
to the geological strata, or due to the pressure within the well.
    b. The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry down the well to form a plug that 
runs from at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam (or 
lower if required by the DM due to the geological strata, or due to 
pressure within the well) to the surface. The operator will place the 
expanding cement in the well under a pressure of at least 200 pounds 
per square inch. 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 DM due to the 
geological strata, or due to the pressure within the well) to the 
surface.
    (2) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., prime farmland), the operator will use high-resolution 
GPS coordinates (one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug in the well by pumping expanding cement 
slurry down the tubing to provide at least 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 DM requires a greater depth 
due to the geological strata, or due to the pressure within the well. 
The operator will place the expanding cement in the well under a 
pressure of at least 200 pounds per square inch and extend the top of 
the expanding cement at least 100 feet above the top of the coal seam 
being mined, unless the DM requires a greater distance due to the 
geological strata, or due to the pressure within the well.
    (2) Securely grout a suitable casing into the bedrock of the upper 
portion of the degasification well to protect it. The remainder of this 
well may be cased or uncased.
    (3) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM 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 will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the coal seam being mined. Remove 
any blockage to ensure that the tube is inserted to this depth.
    (ii) 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) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the API well number engraved or welded on the casing.
    d. The petitioner proposes to use the following procedures for 
preparing and plugging or replugging oil or gas wells that cannot be 
completely cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet (or 400 feet if the total well depth is 4,000 feet or 
greater) below the lowest mineable coal seam, unless the DM requires a 
greater depth due to the geological strata, or due to pressures within 
the well.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings 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 DM requires a greater 
distance due to the geological strata, or due to the pressure within 
the well. The operator will fill the annulus between the casings and 
between the casings and the well wall with expanding cement (minimum of 
0.5% expansion on setting), and ensure that these areas contain no 
voids. When multiple casing and tubing strings are present in the coal 
horizons, rip or perforate any casing that remains and fill with 
expanding cement. The operator will provide an acceptable casing bond 
log

[[Page 47436]]

for each casing and tubing used in lieu of ripping or perforating 
multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well where there is sufficient casing in the well to allow 
use of the method outlined in paragraph (d)(3) above. Fracture the 
original well in at least six places 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 to a point at least 50 feet above the seam 
being mined at intervals to be agreed on by the petitioner and the DM 
after considering the geological strata and the pressure within the 
well. The operator will pump expanding cement into the fractured well 
in sufficient quantities and in a manner that fills all intercepted 
voids.
    (5) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. The operator will maintain a 
journal describing; the depth and nature of each material encountered; 
bit size and type used to drill each portion of the hole; the length 
and type of each material used to plug the well; length of casing(s) 
removed, perforated, ripped, or left in place; and other pertinent 
information concerning sealing the well. Invoices, work-orders, and 
other records relating to all work on the well will be maintained as 
part of the journal and provided to MSHA on request.
    (6) After the plugging the well, plug the open portions of both 
holes from the bottom to the surface with Portland cement or a 
lightweight cement mixture.
    (7) 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, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) Install drivage spads at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining equipment. The drivage spads will not be 
more than 50 feet from the well. Install drivage spads on 10-foot 
centers for a distance of 50 feet in advance of the well when using 
longwall-mining methods. The drivage spads will also be installed in 
the headgate.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mine-through (when either the conventional or continuous mining method 
is used), will be available and operable during each well mine-through. 
The operator will locate the fire hose in the last open crosscut of the 
entry or room and 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.
    (4) Keep available at the last open crosscut, a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs and 
suitable sealing materials will be available in the immediate area of 
the well intersection.
    (5) On the shift prior to mining through the well, all equipment 
will be serviced and checked for permissibility. Water sprays, water 
pressures and water flow rates used for dust and spark suppression will 
be examined and any deficiencies will be corrected.
    (6) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
it. No individual is allowed on the return side during the actual 
cutting process until the mine-through has been completed and the area 
examined and declared safe. All workplace examinations will be 
conducted on the return side of the shearer while the shearer is idle.
    (8) Keep the working place free from accumulations of coal dust and 
coal spillages, and apply rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (9) When using continuous or conventional mining methods, the 
working places will be free of accumulations of coal dust and coal 
spillages, and rock dust will be applied on the roof, rib, and floor to 
within 20 feet of the face when mining through the well. On longwall 
sections, rock dusting will be conducted and place on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) Deenergize all equipment when the well is intersected and 
thoroughly examine the place and determine it is safe before resuming 
mining. After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a distance 
sufficient to permit adequate ventilation around the area of the well.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. In rare instances, torches may be 
used for inadequately or inaccurately cut or milled casings. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. The operator will 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.
    (12) Non-sparking (brass) tools will be located on the working 
section and will be used to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
including company personnel, representative of the miners, personnel 
from MSHA, and personnel from the appropriate State agency.
    (14) The operator will 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 
will be repeated for all shifts until the well has been mined through.
    (15) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved part 48 training plan 
to the DM. The proposed revisions will include initial and refresher 
training regarding compliance with the terms and conditions of this 
petition for modification. The operator will provide

[[Page 47437]]

all miners involved in the mine-through of a well with training 
regarding the requirements of this petition for modification prior to 
mining within 150 feet of the next well to be mined through.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved mine emergency 
evacuation and firefighting plan required in 30 CFR 75.1501. The 
petitioner will revise the plans 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 DM's 
approval of the revised evacuation plan. Such training may be done in a 
weekly safety meeting or other type of appropriate setting.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-17173 Filed 7-20-16; 8:45 am]
 BILLING CODE 4520-43-P



                                                    47422                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                      Regulation Affected: 30 CFR                              (7) All hand-held methane detectors                 SUMMARY:    Section 101(c) of the Federal
                                                    75.1002(a) (Installation of electric                     will be MSHA-approved and                             Mine Safety and Health Act of 1977 and
                                                    equipment and conductors;                                maintained in permissible and proper                  Title 30 of the Code of Federal
                                                    permissibility).                                         operating condition as required by 30                 Regulations Part 44 govern the
                                                      Modification Request: The petitioner                   CFR 75.320.                                           application, processing, and disposition
                                                    requests a modification of the existing                    (8) Except for time necessary to                    of petitions for modification. This notice
                                                    standard to permit the use of low-                       troubleshoot under actual mining                      is a summary of petitions for
                                                    voltage or battery-powered                               conditions, coal production on the                    modification submitted to the Mine
                                                    nonpermissible electronic testing and                    section will cease. However, coal may                 Safety and Health Administration
                                                    diagnostic equipment within 150 feet of                  remain in the panline to test and                     (MSHA) by the parties listed below.
                                                    pillar workings or longwall faces. The                   diagnose the equipment under load.                    DATES: All comments on the petitions
                                                    petitioner states that:                                    (9) Nonpermissible electronic testing               must be received by MSHA’s Office of
                                                      (1) The use of nonpermissible low-                     and diagnostic equipment will not be                  Standards, Regulations, and Variances
                                                    voltage or battery-powered electronic                    used to test equipment when float coal                on or before August 22, 2016.
                                                    testing and diagnostic equipment will                    dust is in suspension.
                                                                                                               (10) All electronic testing and                     ADDRESSES: You may submit your
                                                    be limited to: Laptop computers;                                                                               comments, identified by ‘‘docket
                                                    oscilloscopes; vibration analysis                        diagnostic equipment will be used in
                                                                                                             accordance with the safe use procedures               number’’ on the subject line, by any of
                                                    machines; cable fault detectors; point                                                                         the following methods:
                                                                                                             recommended by the manufacturer.
                                                    temperature probes; infrared                                                                                      1. Electronic Mail: zzMSHA-
                                                                                                               (11) Qualified personnel who use
                                                    temperature devices; insulation testers                                                                        comments@dol.gov. Include the docket
                                                                                                             electronic testing and diagnostic
                                                    (meggers); voltage, current and power                    equipment will be properly trained to                 number of the petition in the subject
                                                    measurement devices and recorders;                       recognize the hazards and limitations                 line of the message.
                                                    pressure and flow measurement devices;                   associated with use of the equipment.                    2. Facsimile: 202–693–9441.
                                                    signal analyzer devices; ultrasonic                        (12) The nonpermissible low-voltage                    3. Regular Mail or Hand Delivery:
                                                    thickness gauges; electronic components                  or battery-powered nonpermissible                     MSHA, Office of Standards,
                                                    testers; and electronic tachometers.                     electronic testing and diagnostic                     Regulations, and Variances, 201 12th
                                                    Other testing and diagnostic equipment                   equipment will not be put into service                Street South, Suite 4E401, Arlington,
                                                    may be used if approved in advance by                    until MSHA has inspected the                          Virginia 22202–5452, Attention: Sheila
                                                    MSHA’s District Manager.                                 equipment and determined that it is in                McConnell, Director, Office of
                                                      (2) Nonpermissible electronic testing                  compliance with all the terms and                     Standards, Regulations, and Variances.
                                                    and diagnostic equipment will be used                    conditions in this petition. The                      Persons delivering documents are
                                                    only when equivalent permissible                         petitioner will notify MSHA before                    required to check in at the receptionist’s
                                                    equipment does not exist.                                additional nonpermissible electronic                  desk in Suite 4E401. Individuals may
                                                      (3) All other testing and diagnostic                   testing and diagnostic equipment is put               inspect copies of the petitions and
                                                    equipment used within 150 feet of pillar                 into service within 150 feet of pillar                comments during normal business
                                                    workings or longwall faces will be                       workings to provide time for MSHA to                  hours at the address listed above.
                                                    permissible.                                             inspect the equipment before initial use.                MSHA will consider only comments
                                                      (4) All nonpermissible low-voltage or                    (13) Cables supplying power to low-                 postmarked by the U.S. Postal Service or
                                                    battery-powered nonpermissible                           voltage testing and diagnostic                        proof of delivery from another delivery
                                                    electronic testing and diagnostic                        equipment will be continuous in length                service such as UPS or Federal Express
                                                    equipment used within 150 feet of pillar                 or provided with ‘‘twist lock’’                       on or before the deadline for comments.
                                                    workings will be examined by a                           connectors when used with 150 feet of                 FOR FURTHER INFORMATION CONTACT:
                                                    qualified person as defined in 30 CFR                    pillar workings.                                      Barbara Barron, Office of Standards,
                                                    75.153 prior to use to ensure the                          The petitioner asserts that application             Regulations, and Variances at 202–693–
                                                    equipment is being maintained in a safe                  of the existing standard will result in a             9447 (Voice), barron.barbara@dol.gov
                                                    operating condition. These examination                   diminution of safety to the miners and                (Email), or 202–693–9441 (Facsimile).
                                                    results will be recorded in the weekly                   that the proposed alternative method                  [These are not toll-free numbers.]
                                                    examination electrical equipment book                    will at all times guarantee no less than              SUPPLEMENTARY INFORMATION:
                                                    and made available to MSHA on                            the same measure of protection afforded
                                                    request.                                                 by the existing standard.                             I. Background
                                                      (5) A qualified person as defined in 30                Sheila McConnell,                                       Section 101(c) of the Federal Mine
                                                    CFR 75.151 will continuously monitor                     Director, Office of Standards, Regulations,           Safety and Health Act of 1977 (Mine
                                                    for methane immediately before and                       and Variances.                                        Act) allows the mine operator or
                                                    during the use of nonpermissible                         [FR Doc. 2016–17174 Filed 7–20–16; 8:45 am]           representative of miners to file a
                                                    electronic testing and diagnostic                                                                              petition to modify the application of any
                                                                                                             BILLING CODE 4520–43–P
                                                    equipment within 150 feet of pillar                                                                            mandatory safety standard to a coal or
                                                    workings.                                                                                                      other mine if the Secretary of Labor
                                                      (6) Nonpermissible electronic testing                  DEPARTMENT OF LABOR                                   determines that:
                                                    and diagnostic equipment will not be                                                                             1. An alternative method of achieving
                                                    used if methane is detected in                                                                                 the result of such standard exists which
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                             Mine Safety and Health Administration
                                                    concentrations at or above one percent.                                                                        will at all times guarantee no less than
                                                    When 1.0 percent or more of methane is                   Petitions for Modification of                         the same measure of protection afforded
                                                    detected while the nonpermissible                        Application of Existing Mandatory                     the miners of such mine by such
                                                    electronic equipment is being used, the                  Safety Standards                                      standard; or
                                                    equipment will be deenergized                            AGENCY: Mine Safety and Health                          2. That the application of such
                                                    immediately and the nonpermissible                       Administration, Labor.                                standard to such mine will result in a
                                                    electronic equipment will be withdrawn                                                                         diminution of safety to the miners in
                                                                                                             ACTION: Notice.
                                                    to outby 150 feet from pillar workings.                                                                        such mine.


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                             47423

                                                      In addition, the regulations at 30 CFR                 Marshall County Mine, MSHA I.D. No.                   procedures have been complied with
                                                    44.10 and 44.11 establish the                            46–01437). The petitioner states that:                and provides an approval, the operator
                                                    requirements and procedures for filing                     (1) The large majority of petroleum                 may then mine within the safety barrier
                                                    petitions for modification.                              wells in the Marshall County Coal                     of the well according to the terms of the
                                                                                                             Company Mine were drilled prior to                    Order.
                                                    II. Petitions for Modification                           1930 when no standards for drilling and                  a. The petitioner proposes to use the
                                                       Docket Number: M–2016–015–C.                          plugging existed. Many wells were                     following procedures when cleaning out
                                                       Petitioner: Canyon Fuel Company,                      abandoned during that time.                           and preparing oil and gas wells prior to
                                                    LLC, HC 35, Box 380, Helper, Utah                          (2) Extensive research conducted by                 plugging or replugging:
                                                    84526.                                                   the U.S. Bureau of Mines, Energy                         (1) If the total depth of the well is less
                                                       Mine: Skyline mine, MSHA I.D. No.                     Research and Development                              than 4,000 feet, the operator will
                                                    42–01566, located in Carbon County,                      Administration, MSHA and past                         completely clean out the well from the
                                                    Utah.                                                    experience by Consolidation Coal                      surface to at least 200 feet below the
                                                       Regulation Affected: 30 CFR                           Company has disclosed that certain                    base of the lowest mineable coal seam
                                                    75.380(d)(4) (Escapeways; bituminous                     plugging methods can effectively                      unless the DM requires cleaning to a
                                                    and lignite mines).                                      prevent explosive well gases from                     greater depth based on what is required
                                                       Modification Requested: The                           entering the mine during regular mining               due to the geological strata, or due to the
                                                    petitioner requests a modification of the                operations and allow additional safety                pressure within the well. If the total
                                                    existing standard to permit an                           and operational benefits that are not                 depth of the well is 4,000 feet or greater,
                                                    escapeway to be maintained at least 4                    possible under § 75.1700.                             the operator will completely clean out
                                                    feet wide where the route of travel                        (3) In lieu of establishing and                     the well from the surface to at least 400
                                                    passes by conveyor belt components.                      maintaining barriers around oil and gas               feet below the base of the lowest
                                                    The petitioner states that:                              wells, the petitioner proposes to seal the            mineable coal seam. The operator will
                                                       (1) The standard 6-foot wide walkway                  Pittsburgh Coal Seam from the                         remove all material from the entire
                                                    specified in 30 CFR 75.380(d)(4) already                 surrounding strata at the affected wells              diameter of well, wall to wall.
                                                    allows for exceptions to the 6-foot                      by using technology developed through                    (2) Prepare down-hole logs for each
                                                    walkway, including where                                 the petitioner’s successful well-plugging             well. The logs will consist of a caliper
                                                    supplemental support is installed and                    program. Since the inception of the                   survey and be suitable for determining
                                                    where the escapeways pass through                        well-plugging program, thousands of                   the top, bottom, and thickness of all coal
                                                    doors. When these two situations arise,                  previously abandoned oil and gas wells                seams and potential hydrocarbon-
                                                    the standard 6-foot walkway is reduced                   have been effectively plugged and                     producing strata and the location for a
                                                    to 4 feet. Conveyor belt components                      successfully been mined through or                    bridge plug. The DM may approve the
                                                    such as belt drives, belt storage units                  around.                                               use of a down-hole camera survey in
                                                    and belt transfers may also impinge                        (4) In lieu of the method of plugging               lieu of down-hole logs. In addition, the
                                                    upon the standard 6-foot walkway. The                    oil and gas wells approved in the                     operator will maintain a journal
                                                    petitioner proposes to:                                  previously granted petition, the                      describing: The depth and nature of
                                                       (a) Demonstrate that four miners                      petitioner proposes an alternative                    each material encountered; bit size and
                                                    carrying a stretcher could quickly                       method that incorporates proven                       type used to drill each portion of the
                                                    traverse an area at the widths proposed                  technological advances not available for              hole; length and type of each material
                                                    in this petition.                                        plugging oil and gas wells when the                   used to plug the well; the length of
                                                       (b) Identify the portions of the                      previous petition was granted.                        casing(s) removed, perforated or ripped,
                                                    alternate escapeway where this petition                    As an alternative method of                         or left in place; any sections where
                                                    is in effect on the mine map required by                 compliance with 30 CFR 75.1700, the                   casing was cut or milled; and other
                                                    30 CFR 75.372.                                           petitioner proposes to maintain a safety              pertinent information concerning
                                                       (c) Maintain the full 4-foot width of                 barrier of 300 feet in diameter (150 feet             cleaning and sealing the well. Invoices,
                                                    the escapeway in areas affected by this                  between any mined area and a well)                    work-orders, and other records relating
                                                    petition free of accumulations of mud,                   around all oil and gas wells (defined to              to all work on the well will be
                                                    water, and other hazards at all times.                   include all active, inactive, abandoned,              maintained as part of the journal and
                                                       The petitioner asserts that the                       shut-in, and previously plugged wells,                provided to MSHA on request.
                                                    proposed alternative method will at all                  including water injection wells) until                   (3) Remove all of the casing in the
                                                    times provide no less than the same                      approval to proceed with mining has                   well or, if it is not possible to remove
                                                    measure of protection afford by the                      been obtained from the District Manager               all of the casing, fill the annulus
                                                    existing standard.                                       (DM).                                                 between the casings and between the
                                                       Docket Number: M–2016–016–C.                            Prior to mining through any oil or gas              casings and the well walls with
                                                       Petitioner: Marshall County Coal                      wells, the petitioner will provide to the             expanding cement (minimum 0.5
                                                    Company, 1 Bridge Street, Monongah,                      DM a declaration stating that all                     percent expansion on setting) and
                                                    West Virginia 26554.                                     mandatory procedures for cleaning out,                ensure that these areas contain no voids.
                                                       Mine: Marshall County Mine, MSHA                      preparing, and plugging each gas or oil               If the casing cannot be removed, the
                                                    I.D. No. 46–01437, located in Marshall                   well have been completed. The                         operator will cut or mill it at all
                                                    County, West Virginia.                                   declaration will be accompanied by logs               mineable coal seam levels and perforate
                                                       Regulation Affected: 30 CFR 75.1700                   described in this petition and any other              or rip it at least every 50 feet from at
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (Oil and gas wells).                                     records that the DM may request. The                  least 200 feet (400 feet if the total well
                                                       Modification Requested: The                           DM will review the declaration, the logs              depth is 4,000 feet or greater) below the
                                                    petitioner requests that the previously                  and any other records that have been                  base of the lowest mineable coal seam
                                                    granted petition for modification be                     requested, and may inspect the well,                  up to 100 feet above the uppermost
                                                    amended for the McElroy Coal                             and determine if the operator has                     mineable coal seam. If the operator can
                                                    Company, McElroy Mine, Docket                            complied with the procedures for                      demonstrate to the satisfaction of the
                                                    Number M–1988–199–C (now known as                        cleaning out, preparing and plugging                  DM that all annuli in the well are
                                                    the Marshall County Coal Company,                        each well. If the DM determines that the              already adequately sealed with cement


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                                                    47424                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    using a casing bond log, then the                           (2) Embed steel turnings or other                  tubing until the well is filled to the
                                                    operator will not be required to                         small magnetic particles in the top of                surface.
                                                    perforate or rip the casing for that                     the cement near the surface to serve as                  (iii) Embed steel turnings or other
                                                    particular well. When multiple casing                    a permanent magnetic monument of the                  small magnetic particles in the top of
                                                    and tubing strings are present in the                    well. In the alternative, extend a 41⁄2-              the cement near the surface to serve as
                                                    coal horizon(s), the operator will                       inch or larger casing, set in cement, at              a permanent magnetic monument of the
                                                    perforate or rip any casing that remains                 least 36 inches above the ground level                well. In the alternative, extend a 41⁄2-
                                                    and fill with expanding cement and                       with the American Petroleum Institute                 inch or larger casing, set in cement, at
                                                    keep an acceptable casing bond log for                   (API) well number either engraved or                  least 36 inches above the ground level
                                                    each casing and tubing string used in                    welded on the casing. When the hole                   with the API well number engraved or
                                                    lieu of ripping or perforating multiple                  cannot be marked with a physical                      welded on the casing.
                                                    strings.                                                 monument (e.g., prime farmland), the                     d. The petitioner proposes to use the
                                                       (4) Place a mechanical bridge plug in                 operator will use high-resolution GPS                 following procedures for preparing and
                                                    the well if a cleaned-out well emits                     coordinates (one-half meter resolution)               plugging or replugging oil or gas wells
                                                    excessive amounts of gas. Place the                      to locate the hole.                                   that cannot be completely cleaned out:
                                                    mechanical bridge plug in a competent                       c. The petitioner proposes to use the                 (1) Drill a hole adjacent and parallel
                                                    stratum at least 200 feet (400 feet if the               following procedures for plugging or                  to the well to a depth of at least 200 feet
                                                    total well depth is 4,000 feet or greater)               replugging oil and gas wells for                      (or 400 feet if the total well depth is
                                                    below the base of the lowest mineable                    subsequent use as degasification                      4,000 feet or greater) below the lowest
                                                    coal seam, but above the top of the                      boreholes:                                            mineable coal seam, unless the DM
                                                                                                                                                                   requires a greater depth due to the
                                                    uppermost hydrocarbon-producing                             (1) Set a cement plug in the well by
                                                                                                                                                                   geological strata, or due to pressures
                                                    stratum, unless the DM requires a                        pumping expanding cement slurry
                                                                                                                                                                   within the well.
                                                    greater distance based on what is                        down the tubing to provide at least 200                  (2) Locate any casing that may remain
                                                    required due to the geological strata, or                feet (400 feet if the total well depth is             in the well using a geophysical sensing
                                                    due to the pressure within the well.                     4,000 feet or greater) of expanding                   device.
                                                    (The operator will provide the DM with                   cement below the lowest mineable coal                    (3) If the well contains casings, drill
                                                    all information it possesses concerning                  seam, unless the DM requires a greater                into the well from the parallel hole and
                                                    the geologic nature of the strata and the                depth due to the geological strata, or                perforate or rip all casings at intervals
                                                    pressure of the well.) If it is not possible             due to the pressure within the well. The              of at least 5 feet from 10 feet below the
                                                    to set a mechanical bridge plug, an                      operator will place the expanding                     coal seam to 10 feet above the coal
                                                    appropriately sized packer may be used.                  cement in the well under a pressure of                seam. Beyond that distance, perforate or
                                                       (5) Properly place mechanical bridge                  at least 200 pounds per square inch, and              rip all casings at least every 50 feet from
                                                    plugs to isolate the hydrocarbon-                        extend the top of the expanding cement                at least 200 feet (400 feet if the total well
                                                    producing stratum from the expanding                     at least 100 feet above the top of the coal           depth is 4,000 feet or greater) below the
                                                    cement plug, if the upper-most                           seam being mined, unless the DM                       base of the lowest mineable coal seam
                                                    hydrocarbon-producing stratum is                         requires a greater distance due to the                up to 100 feet above the seam being
                                                    within 300 feet of the base of the lowest                geological strata, or due to the pressure             mined, unless the DM requires a greater
                                                    mineable coal seam. Nevertheless, the                    within the well.                                      distance due to the geological strata, or
                                                    operator will place a minimum of 200                        (2) Securely grout a suitable casing               due to the pressure within the well. The
                                                    feet (400 feet if the total well depth is                into the bedrock of the upper portion of              operator will fill the annulus between
                                                    4,000 feet or greater) of expanding                      the degasification well to protect it. The            the casings and between the casings and
                                                    cement below the lowest mineable coal                    remainder of this well may be cased or                the well wall with expanding cement
                                                    seam, unless the DM requires a greater                   uncased.                                              (minimum of 0.5% expansion on
                                                    distance base on what is required due to                    (3) Fit the top of the degasification              setting), and ensure that these areas
                                                    the geological strata, or due to the                     casing with a wellhead, equipped as                   contain no voids. When multiple casing
                                                    pressure within the well.                                required by the DM in the approved                    and tubing strings are present in the
                                                       b. The petitioner proposes to use the                 ventilation plan. Such equipment may                  coal horizons, rip or perforate any
                                                    following procedures for plugging or                     include check valves, shut-in valves,                 casing that remains and fill with
                                                    replugging oil or gas wells to the                       sampling ports, flame arrestor                        expanding cement. The operator will
                                                    surface:                                                 equipment, and security fencing.                      provide an acceptable casing bond log
                                                       (1) Pump expanding cement slurry                         (4) Operation of the degasification                for each casing and tubing used in lieu
                                                    down the well to form a plug that runs                   well will be addressed in the approved                of ripping or perforating multiple
                                                    from at least 200 feet (400 feet if the                  ventilation plan. This may include                    strings.
                                                    total well depth is 4,000 feet or greater)               periodic tests of methane levels and                     (4) Use a horizontal hydraulic
                                                    below the base of the lowest mineable                    limits on the minimum methane                         fracturing technique to intercept the
                                                    coal seam (or lower if required by the                   concentrations that may be extracted.                 original well where there is insufficient
                                                    DM due to the geological strata, or due                     (5) After the area of the coal mine that           casing in the well to allow use of the
                                                    to pressure within the well) to the                      is degassed by a well is sealed or the                method outlined in paragraph (d)(3)
                                                    surface. The operator will place the                     coal mine is abandoned, seal the degas                above. Fracture the original well in at
                                                    expanding cement in the well under a                     holes using the following procedures:                 least six places from at least 200 feet
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                                                    pressure of at least 200 pounds per                         (i) Insert a tube to the bottom of the             (400 feet if the total well depth is 4,000
                                                    square inch. Portland cement or a                        drill hole or, if not possible, to at least           feet or greater) below the base of the
                                                    lightweight cement mixture may be                        100 feet above the coal seam being                    lowest mineable coal seam to a point at
                                                    used to fill the area from 100 feet above                mined. Remove any blockage to ensure                  least 50 feet above the seam being
                                                    the top of the uppermost mineable coal                   that the tube is inserted to this depth.              mined at intervals to be agreed on by the
                                                    seam (or higher if required by the DM                       (ii) Set a cement plug in the well by              petitioner and the DM after considering
                                                    due to the geological strata, or due to the              pumping Portland cement or a                          the geological strata and the pressure
                                                    pressure within the well) to the surface.                lightweight cement mixture down the                   within the well. The operator will pump


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                             47425

                                                    expanding cement into the fractured                         (4) Keep available at the last open                inadequately or inaccurately cut or
                                                    well in sufficient quantities and in a                   crosscut, a supply of roof support and                milled casings. No open flame is
                                                    manner that fills all intercepted voids.                 ventilation materials sufficient to                   permitted in the area until adequate
                                                       (5) Prepare down-hole logs for each                   ventilate and support around the well                 ventilation has been established around
                                                    well. The logs will consist of a caliper                 on cut-through. In addition, keep                     the wellbore and methane levels are less
                                                    survey and be suitable for determining                   emergency plugs and suitable sealing                  than 1.0 percent in all areas that will be
                                                    the top, bottom, and thickness of all coal               materials will be available in the                    exposed to flames and sparks from the
                                                    seams and potential hydrocarbon-                         immediate area of the well intersection.              torch. The operator will apply a thick
                                                    producing strata and the location for the                   (5) On the shift prior to mining                   layer of rock dust to the roof, face, floor,
                                                    bridge plug. The operator will maintain                  through the well, all equipment will be               ribs, and any exposed coal within 20
                                                    a journal describing: The depth and                      serviced and checked for permissibility.              feet of the casing prior to any use of
                                                    nature of each material encountered; bit                 Water sprays, water pressures and water               torches.
                                                    size and type used to drill each portion                 flow rates used for dust and spark                       (12) Non-sparking (brass) tools will be
                                                    of the hole; the length and type of each                 suppression will be examined and any                  located on the working section and will
                                                    material used to plug the well; length of                deficiencies will be corrected.                       be used to expose and examine cased
                                                    casing(s) removed, perforated, ripped, or                   (6) Calibrate the methane monitors on              wells.
                                                    left in place; and other pertinent                       the longwall, continuous mining                          (13) No person will be permitted in
                                                    information concerning sealing the well.                 machine, or cutting machine and                       the area of the cut-through operation
                                                    Invoices, work-orders, and other records                 loading machine on the shift prior to                 except those actually engaged in the
                                                    relating to all work on the well will be                 mining through the well.                              mining operation, including company
                                                    maintained as part of the journal and                       (7) When mining is in progress, test               personnel, representative of the miners,
                                                    provided to MSHA on request.                             methane levels with a hand-held                       personnel from MSHA, and personnel
                                                       (6) After the plugging the well, plug                 methane detector at least every 10                    from the appropriate State agency.
                                                    the open portions of both holes from the                 minutes from the time that mining with                   (14) The operator will alert all
                                                    bottom to the surface with Portland                      the continuous mining machine is                      personnel in the mine to the planned
                                                    cement or a lightweight cement mixture.                  within 30 feet of the well until the well             intersection of the well prior to their
                                                       (7) Embed steel turnings or other                     is intersected and immediately prior to               going underground if the planned
                                                    small magnetic particles in the top of                   mining through it. No individual is                   intersection is to occur during their
                                                    the cement near the surface to serve as                  allowed on the return side during the                 shift. This warning will be repeated for
                                                    a permanent magnetic monument of the                     actual cutting process until the mine-                all shifts until the well has been mined
                                                    well. In the alternative, extend a 41⁄2-                 through has been completed and the                    through.
                                                    inch or larger casing, set in cement, at                 area examined and declared safe. All                     (15) A certified official will directly
                                                    least 36 inches above the ground level.                  workplace examinations will be                        supervise the cut-through operation and
                                                       e. The petitioner proposes to use the                 conducted on the return side of the                   only the certified official in charge will
                                                    following procedures after approval has                  shearer while the shearer is idle.                    issue instructions concerning the mine-
                                                    been granted by the DM to mine through                      (8) Keep the working place free from               through operation.
                                                    a plugged or replugged well:                             accumulations of coal dust and coal                      (16) The responsible person required
                                                       (1) Prior to cutting-through a plugged                spillages, and apply rock dust on the                 in 30 CFR 75.1501 will be responsible
                                                    well, notify the DM or designee,                         roof, rib, and floor to within 20 feet of             for well intersection emergencies. The
                                                    representative of the miners, and the                    the face when mining through the well                 responsible person will review the well
                                                    appropriate State agency in sufficient                   when using continuous or conventional                 intersection procedures prior to any
                                                    time for them to have a representative                   mining methods. Conduct rock dusting                  planned intersection.
                                                    present.                                                 on longwall sections on the roof, rib,                   Within 30 days after this petition
                                                       (2) Install drivage spads at the last                 and floor up to both the headgate and                 becomes final, the petitioner will submit
                                                    open crosscut near the place to be                       tailgate gob.                                         proposed revisions for its approved part
                                                    mined to ensure intersection of the well                    (9) When using continuous or                       48 training plan to the DM. The
                                                    when mining through wells using                          conventional mining methods, the                      proposed revisions will include initial
                                                    continuous mining equipment. The                         working places will be free of                        and refresher training regarding
                                                    drivage spads will not be more than 50                   accumulations of coal dust and coal                   compliance with the terms and
                                                    feet from the well. Install drivage spads                spillages, and rock dust will be applied              conditions of this petition for
                                                    on 10-foot centers for a distance of 50                  on the roof, rib, and floor to within 20              modification. The operator will provide
                                                    feet in advance of the well when using                   feet of the face when mining through the              all miners involved in the mine-through
                                                    longwall-mining methods. The drivage                     well. On longwall sections, rock dusting              of a well with training regarding the
                                                    spads will also be installed in the                      will be conducted and place on the roof,              requirements of this petition for
                                                    headgate.                                                rib, and floor up to both the headgate                modification prior to mining within 150
                                                       (3) Firefighting equipment, including                 and tailgate gob.                                     feet of the next well to be mined
                                                    fire extinguishers, rock dust, and                          (10) Deenergize all equipment when                 through.
                                                    sufficient fire hose to reach the working                the well is intersected and thoroughly                   Within 30 days after this petition
                                                    face area of the mine-through (when                      examine the place and determine it is                 becomes final, the petitioner will submit
                                                    either the conventional or continuous                    safe before resuming mining. After a                  proposed revisions for its approved
                                                    mining method is used), will be                          well has been intersected and the                     mine emergency evacuation and
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                                                    available and operable during each well                  working place determined safe, mining                 firefighting plan required in 30 CFR
                                                    mine-through. The operator will locate                   will continue inby the well at a distance             75.1501. The petitioner will revise the
                                                    the fire hose in the last open crosscut of               sufficient to permit adequate ventilation             plans to include the hazards and
                                                    the entry or room and maintain the                       around the area of the well.                          evacuation procedures to be used for
                                                    water line to the belt conveyor tailpiece                   (11) If the casing is cut or milled at             well intersections. All underground
                                                    along with a sufficient amount of fire                   the coal seam level, the use of torches               miners will be trained in this revised
                                                    hose to reach the farthest point of                      should not be necessary. In rare                      plan within 30 days of the DM’s
                                                    penetration on the section.                              instances, torches may be used for                    approval of the revised evacuation plan.


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                                                    47426                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    Such training may be done in a weekly                    between any mined area and a well)                    records relating to all work on the well
                                                    safety meeting or other type of                          around all oil and gas wells (defined to              will be maintained as part of the journal
                                                    appropriate setting.                                     include all active, inactive, abandoned,              and provided to MSHA on request.
                                                       The petitioner asserts that the                       shut-in, and previously plugged wells,                   (3) Remove all of the casing in the
                                                    proposed alternative method will at all                  including water injection wells) until                well or, if it is not possible to remove
                                                    times guarantee no less than the same                    approval to proceed with mining has                   all of the casing, fill the annulus
                                                    measure or protection afforded by the                    been obtained from the District Manager               between the casings and between the
                                                    existing standard.                                       (DM).                                                 casings and the well walls with
                                                       Docket Number: M–2016–017–C.                             Prior to mining through any oil or gas             expanding cement (minimum 0.5
                                                       Petitioner: The Marion County Coal                    wells, the petitioner will provide to the             percent expansion on setting) and
                                                    Company, 1 Bridge Street, Monongah,                      DM a declaration stating that all                     ensure that these areas contain no voids.
                                                    West Virginia 26554.                                     mandatory procedures for cleaning out,                If the casing cannot be removed, the
                                                       Mine: Marion County Mine, MSHA                        preparing, and plugging each gas or oil               operator will cut or mill it at all
                                                    I.D. No. 46–01433, located in Marion                     well have been completed. The                         mineable coal seam levels and perforate
                                                    County, West Virginia.                                   declaration will be accompanied by logs               or rip it at least every 50 feet from at
                                                       Regulation Affected: 30 CFR 75.1700                   described in this petition and any other              least 200 feet (400 feet if the total well
                                                    (Oil and gas wells).                                     records that the DM may request. The                  depth is 4,000 feet or greater) below the
                                                       Modification Requested: The                           DM will review the declaration, the logs              base of the lowest mineable coal seam
                                                    petitioner requests that the previously                  and any other records that have been                  up to 100 feet above the uppermost
                                                    granted petition for modification be                     requested, and may inspect the well,                  mineable coal seam. If the operator can
                                                    amended for the Consolidation Coal                       and will then determine if the operator               demonstrate to the satisfaction of the
                                                    Company, Loveridge Mine, Docket                          has complied with the procedures for                  DM that all annuli in the well are
                                                    Number M–1990–156–C (now known as                        cleaning out, preparing and plugging                  already adequately sealed with cement
                                                    the Marion County Coal Company,                          each well. If the DM determines that the              using a casing bond log, then the
                                                    Marion County Mine, MSHA I.D. No.                        procedures have been complied with                    operator will not be required to
                                                    46–01433). The petitioner states that:                   and provides an approval, the operator                perforate or rip the casing for that
                                                       (1) The large majority of petroleum                   may then mine within the safety barrier               particular well. When multiple casing
                                                    wells in the Marion County Coal                          of the well according to the terms of the             and tubing strings are present in the
                                                    Company Mine were drilled prior to                       Order.                                                coal horizon(s), the operator will
                                                    1930 when no standards for drilling and                     a. The petitioner proposes to use the              perforate or rip any casing that remains
                                                    plugging existed. Many wells were                        following procedures when cleaning out                and fill with expanding cement and
                                                    abandoned during that time.                              and preparing oil and gas wells prior to              keep an acceptable casing bond log for
                                                       (2) Extensive research conducted by                   plugging or replugging:                               each casing and tubing string used in
                                                    the U.S. Bureau of Mines, Energy                            (1) If the total depth of the well is less         lieu of ripping or perforating multiple
                                                    Research and Development                                 than 4,000 feet, the operator will                    strings.
                                                    Administration, MSHA and past                            completely clean out the well from the                   (4) Place a mechanical bridge plug in
                                                    experience by Consolidation Coal                         surface to at least 200 feet below the                the well if a cleaned-out well emits
                                                    Company has disclosed that certain                       base of the lowest mineable coal seam                 excessive amounts of gas. Place the
                                                    plugging methods can effectively                         unless the DM requires cleaning to a                  mechanical bridge plug in a competent
                                                    prevent explosive well gases from                        greater depth based on what is required               stratum at least 200 feet (400 feet if the
                                                    entering the mine during regular mining                  due to the geological strata, or due to the           total well depth is 4,000 feet or greater)
                                                    operations and allow additional safety                   pressure within the well. If the total                below the base of the lowest mineable
                                                    and operational benefits that are not                    depth of the well is 4,000 feet or greater,           coal seam, but above the top of the
                                                    possible under § 75.1700.                                the operator will completely clean out                uppermost hydrocarbon-producing
                                                       (3) In lieu of establishing and                       the well from the surface to at least 400             stratum, unless the DM requires a
                                                    maintaining barriers around oil and gas                  feet below the base of the lowest                     greater distance based on what is
                                                    wells, the petitioner proposes to seal the               mineable coal seam. The operator will                 required due to the geological strata, or
                                                    Pittsburgh Coal Seam from the                            remove all material from the entire                   due to the pressure within the well.
                                                    surrounding strata at the affected wells                 diameter of well, wall to wall.                       (The operator will provide the DM with
                                                    by using technology developed through                       (2) Prepare down-hole logs for each                all information it possesses concerning
                                                    the petitioner’s successful well-plugging                well. The logs will consist of a caliper              the geologic nature of the strata and the
                                                    program. Since the inception of the                      survey and be suitable for determining                pressure of the well.) If it is not possible
                                                    well-plugging program, thousands of                      the top, bottom, and thickness of all coal            to set a mechanical bridge plug, an
                                                    previously abandoned oil and gas wells                   seams and potential hydrocarbon-                      appropriately sized packer may be used.
                                                    have been effectively plugged and                        producing strata and the location for a                  (5) Properly place mechanical bridge
                                                    successfully been mined through or                       bridge plug. The DM may approve the                   plugs to isolate the hydrocarbon-
                                                    around.                                                  use of a down-hole camera survey in                   producing stratum from the expanding
                                                       (4) In lieu of the method of plugging                 lieu of down-hole logs. In addition,                  cement plug, if the upper-most
                                                    oil and gas wells approved in the                        maintain a journal describing: The                    hydrocarbon-producing stratum is
                                                    previously granted petition, the                         depth and nature of each material                     within 300 feet of the base of the lowest
                                                    petitioner proposes an alternative                       encountered; bit size and type used to                mineable coal seam. Nevertheless, the
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                                                    method that incorporates proven                          drill each portion of the hole; length and            operator will place a minimum of 200
                                                    technological advances not available for                 type of each material used to plug the                feet (400 feet if the total well depth is
                                                    plugging oil and gas wells when the                      well; the length of casing(s) removed,                4,000 feet or greater) of expanding
                                                    previous petition was granted.                           perforated or ripped, or left in place;               cement below the lowest mineable coal
                                                       As an alternative method of                           any sections where casing was cut or                  seam, unless the DM requires a greater
                                                    compliance with 30 CFR 75.1700, the                      milled; and other pertinent information               distance base on what is required due to
                                                    petitioner proposes to maintain a safety                 concerning cleaning and sealing the                   the geological strata, or due to the
                                                    barrier of 300 feet in diameter (150 feet                well. Invoices, work-orders, and other                pressure within the well.


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                           47427

                                                       b. The petitioner proposes to use the                 include check valves, shut-in valves,                 casing that remains and fill with
                                                    following procedures for plugging or                     sampling ports, flame arrestor                        expanding cement. The operator will
                                                    replugging oil or gas wells to the                       equipment, and security fencing.                      provide an acceptable casing bond log
                                                    surface:                                                    (4) Operation of the degasification                for each casing and tubing used in lieu
                                                       (1) Pump expanding cement slurry                      well will be addressed in the approved                of ripping or perforating multiple
                                                    down the well to form a plug that runs                   ventilation plan. This may include                    strings.
                                                    from at least 200 feet (400 feet if the                  periodic tests of methane levels and                     (4) Use a horizontal hydraulic
                                                    total well depth is 4,000 feet or greater)               limits on the minimum methane                         fracturing technique to intercept the
                                                    below the base of the lowest mineable                    concentrations that may be extracted.                 original well where there is sufficient
                                                    coal seam (or lower if required by the                      (5) After the area of the coal mine that           casing in the well to allow use of the
                                                    DM due to the geological strata, or due                  is degassed by a well is sealed or the                method outlined in paragraph (d)(3)
                                                    to pressure within the well) to the                      coal mine is abandoned, seal the degas                above. Fracture the original well in at
                                                    surface. The operator will place the                     holes using the following procedures:                 least six places from at least 200 feet
                                                    expanding cement in the well under a                        (i) Insert a tube to the bottom of the             (400 feet if the total well depth is 4,000
                                                    pressure of at least 200 pounds per                      drill hole or, if not possible, to at least           feet or greater) below the base of the
                                                    square inch. Portland cement or a                        100 feet above the coal seam being                    lowest mineable coal seam to a point at
                                                    lightweight cement mixture may be                        mined. Remove any blockage to ensure                  least 50 feet above the seam being
                                                    used to fill the area from 100 feet above                that the tube is inserted to this depth.              mined at intervals to be agreed on by the
                                                    the top of the uppermost mineable coal                      (ii) Set a cement plug in the well by              petitioner and the DM after considering
                                                    seam (or higher if required by the DM                    pumping Portland cement or a                          the geological strata and the pressure
                                                    due to the geological strata, or due to the              lightweight cement mixture down the                   within the well. The operator will pump
                                                    pressure within the well) to the surface.                tubing until the well is filled to the                expanding cement into the fractured
                                                       (2) Embed steel turnings or other                     surface.                                              well in sufficient quantities and in a
                                                    small magnetic particles in the top of                      (iii) Embed steel turnings or other                manner that fills all intercepted voids.
                                                    the cement near the surface to serve as                  small magnetic particles in the top of                   (5) Prepare down-hole logs for each
                                                    a permanent magnetic monument of the                     the cement near the surface to serve as               well. The logs will consist of a caliper
                                                    well. In the alternative, extend a 41⁄2-                 a permanent magnetic monument of the                  survey and be suitable for determining
                                                    inch or larger casing, set in cement, at                 well. In the alternative, extend a 41⁄2-              the top, bottom, and thickness of all coal
                                                    least 36 inches above the ground level                   inch or larger casing, set in cement, at              seams and potential hydrocarbon-
                                                    with the American Petroleum Institute                    least 36 inches above the ground level                producing strata and the location for the
                                                    (API) well number either engraved or                     with the API well number engraved or                  bridge plug. The operator will maintain
                                                    welded on the casing. When the hole                      welded on the casing.                                 a journal describing; the depth and
                                                    cannot be marked with a physical                            d. The petitioner proposes to use the              nature of each material encountered; bit
                                                    monument (e.g., prime farmland), the                     following procedures for preparing and                size and type used to drill each portion
                                                    operator will use high-resolution GPS                    plugging or replugging oil or gas wells               of the hole; the length and type of each
                                                    coordinates (one-half meter resolution)                  that cannot be completely cleaned out:                material used to plug the well; length of
                                                    to locate the hole.                                         (1) Drill a hole adjacent and parallel             casing(s) removed, perforated, ripped, or
                                                       c. The petitioner proposes to use the                 to the well to a depth of at least 200 feet           left in place; and other pertinent
                                                    following procedures for plugging or                     (or 400 feet if the total well depth is               information concerning sealing the well.
                                                    replugging oil and gas wells for                         4,000 feet or greater) below the lowest               Invoices, work-orders, and other records
                                                    subsequent use as degasification                         mineable coal seam, unless the DM                     relating to all work on the well will be
                                                    boreholes:                                               requires a greater depth due to the                   maintained as part of the journal and
                                                       (1) Set a cement plug in the well by                  geological strata, or due to pressures                provided to MSHA on request.
                                                    pumping expanding cement slurry                          within the well.                                         (6) After the plugging the well, plug
                                                    down the tubing to provide at least 200                     (2) Locate any casing that may remain              the open portions of both holes from the
                                                    feet (400 feet if the total well depth is                in the well using a geophysical sensing               bottom to the surface with Portland
                                                    4,000 feet or greater) of expanding                      device.                                               cement or a lightweight cement mixture.
                                                    cement below the lowest mineable coal                       (3) If the well contains casings, drill               (7) Embed steel turnings or other
                                                    seam, unless the DM requires a greater                   into the well from the parallel hole and              small magnetic particles in the top of
                                                    depth due to the geological strata, or                   perforate or rip all casings at intervals             the cement near the surface to serve as
                                                    due to the pressure within the well. The                 of at least 5 feet from 10 feet below the             a permanent magnetic monument of the
                                                    operator will place the expanding                        coal seam to 10 feet above the coal                   well. In the alternative, extend a 41⁄2-
                                                    cement in the well under a pressure of                   seam. Beyond that distance, perforate or              inch or larger casing, set in cement, at
                                                    at least 200 pounds per square inch and                  rip all casings at least every 50 feet from           least 36 inches above the ground level.
                                                    extend the top of the expanding cement                   at least 200 feet (400 feet if the total well            e. The petitioner proposes to use the
                                                    at least 100 feet above the top of the coal              depth is 4,000 feet or greater) below the             following procedures after approval has
                                                    seam being mined, unless the DM                          base of the lowest mineable coal seam                 been granted by the DM to mine through
                                                    requires a greater distance due to the                   up to 100 feet above the seam being                   a plugged or replugged well:
                                                    geological strata, or due to the pressure                mined, unless the DM requires a greater                  (1) Prior to cutting-through a plugged
                                                    within the well.                                         distance due to the geological strata, or             well, notify the DM or designee,
                                                       (2) Securely grout a suitable casing                  due to the pressure within the well. The              representative of the miners, and the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    into the bedrock of the upper portion of                 operator will fill the annulus between                appropriate State agency in sufficient
                                                    the degasification well to protect it. The               the casings and between the casings and               time for them to have a representative
                                                    remainder of this well may be cased or                   the well wall with expanding cement                   present.
                                                    uncased.                                                 (minimum of 0.5% expansion on                            (2) Install drivage spads at the last
                                                       (3) Fit the top of the degasification                 setting), and ensure that these areas                 open crosscut near the place to be
                                                    casing with a wellhead, equipped as                      contain no voids. When multiple casing                mined to ensure intersection of the well
                                                    required by the DM in the approved                       and tubing strings are present in the                 when mining through wells using
                                                    ventilation plan. Such equipment may                     coal horizons, rip or perforate any                   continuous mining equipment. The


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                                                    47428                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    drivage spads will not be more than 50                   accumulations of coal dust and coal                   compliance with the terms and
                                                    feet from the well. Install drivage spads                spillages, and rock dust will be applied              conditions of this petition for
                                                    on 10-foot centers for a distance of 50                  on the roof, rib, and floor to within 20              modification. The operator will provide
                                                    feet in advance of the well when using                   feet of the face when mining through the              all miners involved in the mine-through
                                                    longwall-mining methods. The drivage                     well. On longwall sections, rock dusting              of a well with training regarding the
                                                    spads will also be installed in the                      will be conducted and place on the roof,              requirements of this petition for
                                                    headgate.                                                rib, and floor up to both the headgate                modification prior to mining within 150
                                                       (3) Firefighting equipment, including                 and tailgate gob.                                     feet of the next well to be mined
                                                    fire extinguishers, rock dust, and                          (10) Deenergize all equipment when                 through.
                                                    sufficient fire hose to reach the working                the well is intersected and thoroughly                   Within 30 days after this petition
                                                    face area of the mine-through (when                      examine the place and determine it is                 becomes final, the petitioner will submit
                                                    either the conventional or continuous                    safe before resuming mining. After a                  proposed revisions for its approved
                                                    mining method is used), will be                          well has been intersected and the                     mine emergency evacuation and
                                                    available and operable during each well                  working place determined safe, mining                 firefighting plan required in 30 CFR
                                                    mine-through. The operator will locate                   will continue inby the well at a distance             75.1501. The petitioner will revise the
                                                    the fire hose in the last open crosscut of               sufficient to permit adequate ventilation             plans to include the hazards and
                                                    the entry or room and maintain the                       around the area of the well.                          evacuation procedures to be used for
                                                    water line to the belt conveyor tailpiece                   (11) If the casing is cut or milled at             well intersections. All underground
                                                    along with a sufficient amount of fire                   the coal seam level, the use of torches               miners will be trained in this revised
                                                    hose to reach the farthest point of                      should not be necessary. In rare                      plan within 30 days of the DM’s
                                                    penetration on the section.                              instances, torches may be used for                    approval of the revised evacuation plan.
                                                       (4) Keep available at the last open                   inadequately or inaccurately cut or                   Such training may be done in a weekly
                                                    crosscut, a supply of roof support and                   milled casings. No open flame is                      safety meeting or other type of
                                                    ventilation materials sufficient to                      permitted in the area until adequate                  appropriate setting.
                                                    ventilate and support around the well                    ventilation has been established around                  The petitioner asserts that the
                                                    on cut-through. In addition, keep                        the wellbore and methane levels are less              proposed alternative method will at all
                                                    emergency plugs and suitable sealing                     than 1.0 percent in all areas that will be            times guarantee no less than the same
                                                    materials will be available in the                       exposed to flames and sparks from the                 measure or protection afforded by the
                                                    immediate area of the well intersection.                 torch. The operator will apply a thick                existing standard.
                                                       (5) On the shift prior to mining                      layer of rock dust to the roof, face, floor,             Docket Number: M–2016–018–C.
                                                    through the well, all equipment will be                  ribs, and any exposed coal within 20                     Petitioner: The Monongalia County
                                                    serviced and checked for permissibility.                 feet of the casing prior to any use of                Coal Company, 1 Bridge Street,
                                                    Water sprays, water pressures and water                  torches.                                              Monongah, West Virginia 26554.
                                                    flow rates used for dust and spark                          (12) Non-sparking (brass) tools will be               Mine: Monongalia County Mine,
                                                    suppression will be examined and any                     located on the working section and will               MSHA I.D. No. 46–01968, located in
                                                    deficiencies will be corrected.                          be used to expose and examine cased                   Monongalia County, West Virginia.
                                                       (6) Calibrate the methane monitors on                 wells.                                                   Regulation Affected: 30 CFR 75.1700
                                                    the longwall, continuous mining                             (13) No person will be permitted in                (Oil and gas wells).
                                                    machine, or cutting machine and                          the area of the cut-through operation                    Modification Requested: The
                                                    loading machine on the shift prior to                    except those actually engaged in the                  petitioner requests that the previously
                                                    mining through the well.                                 mining operation, including company                   granted petition for modification be
                                                       (7) When mining is in progress, test                  personnel, representative of the miners,              amended for the Consolidation Coal
                                                    methane levels with a hand-held                          personnel from MSHA, and personnel                    Company, Blacksville No. 2 Mine,
                                                    methane detector at least every 10                       from the appropriate State agency.                    Docket Number M–2001–014–C (now
                                                    minutes from the time that mining with                      (14) The operator will alert all                   known as the Monongalia County Coal
                                                    the continuous mining machine is                         personnel in the mine to the planned                  Company, Monongalia County Mine,
                                                    within 30 feet of the well until the well                intersection of the well prior to their               MSHA I.D. No. 46–01968). The
                                                    is intersected and immediately prior to                  going underground if the planned                      petitioner states that:
                                                    mining through it. No individual is                      intersection is to occur during their                    (1) The large majority of petroleum
                                                    allowed on the return side during the                    shift. This warning will be repeated for              wells in the Marion County Coal
                                                    actual cutting process until the mine-                   all shifts until the well has been mined              Company Mine were drilled prior to
                                                    through has been completed and the                       through.                                              1930 when no standards for drilling and
                                                    area examined and declared safe. All                        (15) A certified official will directly            plugging existed. Many wells were
                                                    workplace examinations will be                           supervise the cut-through operation and               abandoned during that time.
                                                    conducted on the return side of the                      only the certified official in charge will               (2) Extensive research conducted by
                                                    shearer while the shearer is idle.                       issue instructions concerning the mine-               the U.S. Bureau of Mines, Energy
                                                       (8) Keep the working place free from                  through operation.                                    Research and Development
                                                    accumulations of coal dust and coal                         (16) The responsible person required               Administration, MSHA and past
                                                    spillages, and apply rock dust on the                    in 30 CFR 75.1501 will be responsible                 experience by Consolidation Coal
                                                    roof, rib, and floor to within 20 feet of                for well intersection emergencies. The                Company has disclosed that certain
                                                    the face when mining through the well                    responsible person will review the well               plugging methods can effectively
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                                                    when using continuous or conventional                    intersection procedures prior to any                  prevent explosive well gases from
                                                    mining methods. Conduct rock dusting                     planned intersection.                                 entering the mine during regular mining
                                                    on longwall sections on the roof, rib,                      Within 30 days after this petition                 operations and allow additional safety
                                                    and floor up to both the headgate and                    becomes final, the petitioner will submit             and operational benefits that are not
                                                    tailgate gob.                                            proposed revisions for its approved part              possible under § 75.1700.
                                                       (9) When using continuous or                          48 training plan to the DM. The                          (3) In lieu of establishing and
                                                    conventional mining methods, the                         proposed revisions will include initial               maintaining barriers around oil and gas
                                                    working places will be free of                           and refresher training regarding                      wells, the petitioner proposes to seal the


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                             47429

                                                    Pittsburgh Coal Seam from the                            remove all material from the entire                   due to the pressure within the well.
                                                    surrounding strata at the affected wells                 diameter of well, wall to wall.                       (The operator will provide the DM with
                                                    by using technology developed through                       (2) Prepare down-hole logs for each                all information it possesses concerning
                                                    the petitioner’s successful well-plugging                well. The logs will consist of a caliper              the geologic nature of the strata and the
                                                    program. Since the inception of the                      survey and be suitable for determining                pressure of the well.) If it is not possible
                                                    well-plugging program, thousands of                      the top, bottom, and thickness of all coal            to set a mechanical bridge plug, an
                                                    previously abandoned oil and gas wells                   seams and potential hydrocarbon-                      appropriately sized packer may be used.
                                                    have been effectively plugged and                        producing strata and the location for a                  (5) Properly place mechanical bridge
                                                    successfully been mined through or                       bridge plug. The DM may approve the                   plugs to isolate the hydrocarbon-
                                                    around.                                                  use of a down-hole camera survey in                   producing stratum from the expanding
                                                      (4) In lieu of the method of plugging                  lieu of down-hole logs. In addition,                  cement plug, if the upper-most
                                                    oil and gas wells approved in the                        maintain a journal describing: The                    hydrocarbon-producing stratum is
                                                    previously granted petition, the                         depth and nature of each material                     within 300 feet of the base of the lowest
                                                    petitioner proposes an alternative                       encountered; bit size and type used to                mineable coal seam. Nevertheless, the
                                                    method that incorporates proven                          drill each portion of the hole; length and            operator will place a minimum of 200
                                                    technological advances not available for                 type of each material used to plug the                feet (400 feet if the total well depth is
                                                    plugging oil and gas wells when the                      well; The length of casing(s) removed,                4,000 feet or greater) of expanding
                                                    previous petition was granted.                           perforated or ripped, or left in place;               cement below the lowest mineable coal
                                                      As an alternative method of                            any sections where casing was cut or                  seam, unless the DM requires a greater
                                                    compliance with 30 CFR 75.1700, the                      milled; and other pertinent information               distance base on what is required due to
                                                    petitioner proposes to maintain a safety                 concerning cleaning and sealing the                   the geological strata, or due to the
                                                    barrier of 300 feet in diameter (150 feet                well. Invoices, work-orders, and other                pressure within the well.
                                                    between any mined area and a well)                       records relating to all work on the well                 b. The petitioner proposes to use the
                                                    around all oil and gas wells (defined to                 will be maintained as part of the journal             following procedures for plugging or
                                                    include all active, inactive, abandoned,                 and provided to MSHA on request.                      replugging oil or gas wells to the
                                                    shut-in, and previously plugged wells,                      (3) Remove all of the casing in the                surface:
                                                    including water injection wells) until                   well or, if it is not possible to remove                 (1) Pump expanding cement slurry
                                                    approval to proceed with mining has                      all of the casing, fill the annulus                   down the well to form a plug that runs
                                                    been obtained from the District Manager                  between the casings and between the                   from at least 200 feet (400 feet if the
                                                    (DM).                                                    casings and the well walls with                       total well depth is 4,000 feet or greater)
                                                      Prior to mining through any oil or gas                 expanding cement (minimum 0.5                         below the base of the lowest mineable
                                                    wells, the petitioner will provide to the                percent expansion on setting) and                     coal seam (or lower if required by the
                                                    DM a declaration stating that all                        ensure that these areas contain no voids.             DM due to the geological strata, or due
                                                    mandatory procedures for cleaning out,                   If the casing cannot be removed, the                  to pressure within the well) to the
                                                    preparing, and plugging each gas or oil                  operator will cut or mill it at all                   surface. The operator will place the
                                                    well have been completed. The                            mineable coal seam levels and perforate               expanding cement in the well under a
                                                    declaration will be accompanied by logs                  or rip it at least every 50 feet from at              pressure of at least 200 pounds per
                                                    described in this petition and any other                 least 200 feet (400 feet if the total well            square inch. Portland cement or a
                                                    records that the DM may request. The                     depth is 4,000 feet or greater) below the             lightweight cement mixture may be
                                                    DM will review the declaration, the logs                 base of the lowest mineable coal seam                 used to fill the area from 100 feet above
                                                    and any other records that have been                     up to 100 feet above the uppermost                    the top of the uppermost mineable coal
                                                    requested, and may inspect the well,                     mineable coal seam. If the operator can               seam (or higher if required by the DM
                                                    and will then determine if the operator                  demonstrate to the satisfaction of the                due to the geological strata, or due to the
                                                    has complied with the procedures for                     DM that all annuli in the well are                    pressure within the well) to the surface.
                                                    cleaning out, preparing and plugging                     already adequately sealed with cement                    (2) Embed steel turnings or other
                                                    each well. If the DM determines that the                 using a casing bond log, then the                     small magnetic particles in the top of
                                                    procedures have been complied with                       operator will not be required to                      the cement near the surface to serve as
                                                    and provides an approval, the operator                   perforate or rip the casing for that                  a permanent magnetic monument of the
                                                    may then mine within the safety barrier                  particular well. When multiple casing                 well. In the alternative, extend a 41⁄2-
                                                    of the well according to the terms of the                and tubing strings are present in the                 inch or larger casing, set in cement, at
                                                    Order.                                                   coal horizon(s), the operator will                    least 36 inches above the ground level
                                                      a. The petitioner proposes to use the                  perforate or rip any casing that remains              with the American Petroleum Institute
                                                    following procedures when cleaning out                   and fill with expanding cement and                    (API) well number either engraved or
                                                    and preparing oil and gas wells prior to                 keep an acceptable casing bond log for                welded on the casing. When the hole
                                                    plugging or replugging:                                  each casing and tubing string used in                 cannot be marked with a physical
                                                      (1) If the total depth of the well is less             lieu of ripping or perforating multiple               monument (e.g., prime farmland), the
                                                    than 4,000 feet, the operator will                       strings.                                              operator will use high-resolution GPS
                                                    completely clean out the well from the                      (4) Place a mechanical bridge plug in              coordinates (one-half meter resolution)
                                                    surface to at least 200 feet below the                   the well if a cleaned-out well emits                  to locate the hole.
                                                    base of the lowest mineable coal seam                    excessive amounts of gas. Place the                      c. The petitioner proposes to use the
                                                    unless the DM requires cleaning to a                     mechanical bridge plug in a competent                 following procedures for plugging or
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    greater depth based on what is required                  stratum at least 200 feet (400 feet if the            replugging oil and gas wells for
                                                    due to the geological strata, or due to the              total well depth is 4,000 feet or greater)            subsequent use as degasification
                                                    pressure within the well. If the total                   below the base of the lowest mineable                 boreholes:
                                                    depth of the well is 4,000 feet or greater,              coal seam, but above the top of the                      (1) Set a cement plug in the well by
                                                    the operator will completely clean out                   uppermost hydrocarbon-producing                       pumping expanding cement slurry
                                                    the well from the surface to at least 400                stratum, unless the DM requires a                     down the tubing to provide at least 200
                                                    feet below the base of the lowest                        greater distance based on what is                     feet (400 feet if the total well depth is
                                                    mineable coal seam. The operator will                    required due to the geological strata, or             4,000 feet or greater) of expanding


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                                                    47430                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    cement below the lowest mineable coal                       (3) If the well contains casings, drill               (7) Embed steel turnings or other
                                                    seam, unless the DM requires a greater                   into the well from the parallel hole and              small magnetic particles in the top of
                                                    depth due to the geological strata, or                   perforate or rip all casings at intervals             the cement near the surface to serve as
                                                    due to the pressure within the well. The                 of at least 5 feet from 10 feet below the             a permanent magnetic monument of the
                                                    operator will place the expanding                        coal seam to 10 feet above the coal                   well. In the alternative, extend a 41⁄2-
                                                    cement in the well under a pressure of                   seam. Beyond that distance, perforate or              inch or larger casing, set in cement, at
                                                    at least 200 pounds per square inch and                  rip all casings at least every 50 feet from           least 36 inches above the ground level.
                                                    extend the top of the expanding cement                   at least 200 feet (400 feet if the total well            e. The petitioner proposes to use the
                                                    at least 100 feet above the top of the coal              depth is 4,000 feet or greater) below the             following procedures after approval has
                                                    seam being mined, unless the DM                          base of the lowest mineable coal seam                 been granted by the DM to mine through
                                                    requires a greater distance due to the                   up to 100 feet above the seam being                   a plugged or replugged well:
                                                    geological strata, or due to the pressure                mined, unless the DM requires a greater                  (1) Prior to cutting-through a plugged
                                                    within the well.                                         distance due to the geological strata, or             well, notify the DM or designee,
                                                       (2) Securely grout a suitable casing                  due to the pressure within the well. The              representative of the miners, and the
                                                    into the bedrock of the upper portion of                 operator will fill the annulus between                appropriate State agency in sufficient
                                                    the degasification well to protect it. The               the casings and between the casings and               time for them to have a representative
                                                    remainder of this well may be cased or                   the well wall with expanding cement                   present.
                                                    uncased.                                                 (minimum of 0.5% expansion on                            (2) Install drivage spads at the last
                                                       (3) Fit the top of the degasification                 setting), and ensure that these areas                 open crosscut near the place to be
                                                    casing with a wellhead, equipped as                      contain no voids. When multiple casing                mined to ensure intersection of the well
                                                    required by the DM in the approved                       and tubing strings are present in the                 when mining through wells using
                                                    ventilation plan. Such equipment may                     coal horizons, rip or perforate any                   continuous mining equipment. The
                                                    include check valves, shut-in valves,                    casing that remains and fill with                     drivage spads will not be more than 50
                                                    sampling ports, flame arrestor                           expanding cement. The operator will                   feet from the well. Install drivage spads
                                                    equipment, and security fencing.                         provide an acceptable casing bond log                 on 10-foot centers for a distance of 50
                                                       (4) Operation of the degasification                   for each casing and tubing used in lieu               feet in advance of the well when using
                                                    well will be addressed in the approved                   of ripping or perforating multiple                    longwall-mining methods. The drivage
                                                    ventilation plan. This may include                       strings.                                              spads will also be installed in the
                                                    periodic tests of methane levels and                        (4) Use a horizontal hydraulic                     headgate.
                                                    limits on the minimum methane                            fracturing technique to intercept the                    (3) Firefighting equipment, including
                                                    concentrations that may be extracted.                    original well where there is sufficient               fire extinguishers, rock dust, and
                                                       (5) After the area of the coal mine that              casing in the well to allow use of the                sufficient fire hose to reach the working
                                                    is degassed by a well is sealed or the                   method outlined in paragraph (d)(3)                   face area of the mine-through (when
                                                    coal mine is abandoned, seal the degas                   above. Fracture the original well in at               either the conventional or continuous
                                                    holes using the following procedures:                    least six places from at least 200 feet               mining method is used), will be
                                                       (i) Insert a tube to the bottom of the                (400 feet if the total well depth is 4,000            available and operable during each well
                                                    drill hole or, if not possible, to at least              feet or greater) below the base of the                mine-through. The operator will locate
                                                    100 feet above the coal seam being                       lowest mineable coal seam to a point at               the fire hose in the last open crosscut of
                                                    mined. Remove any blockage to ensure                     least 50 feet above the seam being                    the entry or room and maintain the
                                                    that the tube is inserted to this depth.                 mined at intervals to be agreed on by the             water line to the belt conveyor tailpiece
                                                       (ii) Set a cement plug in the well by                 petitioner and the DM after considering               along with a sufficient amount of fire
                                                    pumping Portland cement or a                             the geological strata and the pressure                hose to reach the farthest point of
                                                    lightweight cement mixture down the                      within the well. The operator will pump               penetration on the section.
                                                    tubing until the well is filled to the                   expanding cement into the fractured                      (4) Keep available at the last open
                                                    surface.                                                 well in sufficient quantities and in a                crosscut, a supply of roof support and
                                                       (iii) Embed steel turnings or other                   manner that fills all intercepted voids.              ventilation materials sufficient to
                                                    small magnetic particles in the top of                      (5) Prepare down-hole logs for each                ventilate and support around the well
                                                    the cement near the surface to serve as                  well. The logs will consist of a caliper              on cut-through. In addition, keep
                                                    a permanent magnetic monument of the                     survey and be suitable for determining                emergency plugs and suitable sealing
                                                    well. In the alternative, extend a 41⁄2-                 the top, bottom, and thickness of all coal            materials will be available in the
                                                    inch or larger casing, set in cement, at                 seams and potential hydrocarbon-                      immediate area of the well intersection.
                                                    least 36 inches above the ground level                   producing strata and the location for the                (5) On the shift prior to mining
                                                    with the API well number engraved or                     bridge plug. The operator will maintain               through the well, all equipment will be
                                                    welded on the casing.                                    a journal describing; the depth and                   serviced and checked for permissibility.
                                                       d. The petitioner proposes to use the                 nature of each material encountered; bit              Water sprays, water pressures and water
                                                    following procedures for preparing and                   size and type used to drill each portion              flow rates used for dust and spark
                                                    plugging or replugging oil or gas wells                  of the hole; the length and type of each              suppression will be examined and any
                                                    that cannot be completely cleaned out:                   material used to plug the well; length of             deficiencies will be corrected.
                                                       (1) Drill a hole adjacent and parallel                casing(s) removed, perforated, ripped, or                (6) Calibrate the methane monitors on
                                                    to the well to a depth of at least 200 feet              left in place; and other pertinent                    the longwall, continuous mining
                                                    (or 400 feet if the total well depth is                  information concerning sealing the well.              machine, or cutting machine and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    4,000 feet or greater) below the lowest                  Invoices, work-orders, and other records              loading machine on the shift prior to
                                                    mineable coal seam, unless the DM                        relating to all work on the well will be              mining through the well.
                                                    requires a greater depth due to the                      maintained as part of the journal and                    (7) When mining is in progress, test
                                                    geological strata, or due to pressures                   provided to MSHA on request.                          methane levels with a hand-held
                                                    within the well.                                            (6) After the plugging the well, plug              methane detector at least every 10
                                                       (2) Locate any casing that may remain                 the open portions of both holes from the              minutes from the time that mining with
                                                    in the well using a geophysical sensing                  bottom to the surface with Portland                   the continuous mining machine is
                                                    device.                                                  cement or a lightweight cement mixture.               within 30 feet of the well until the well


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                           47431

                                                    is intersected and immediately prior to                  going underground if the planned                        (1) The large majority of petroleum
                                                    mining through it. No individual is                      intersection is to occur during their                 wells in the Marion County Coal
                                                    allowed on the return side during the                    shift. This warning will be repeated for              Company Mine were drilled prior to
                                                    actual cutting process until the mine-                   all shifts until the well has been mined              1930 when no standards for drilling and
                                                    through has been completed and the                       through.                                              plugging existed. Many wells were
                                                    area examined and declared safe. All                        (15) A certified official will directly            abandoned during that time.
                                                    workplace examinations will be                           supervise the cut-through operation and                 (2) Extensive research conducted by
                                                    conducted on the return side of the                      only the certified official in charge will            the U.S. Bureau of Mines, Energy
                                                    shearer while the shearer is idle.                       issue instructions concerning the mine-               Research and Development
                                                       (8) Keep the working place free from                  through operation.                                    Administration, MSHA and past
                                                    accumulations of coal dust and coal                         (16) The responsible person required               experience by Consolidation Coal
                                                    spillages, and apply rock dust on the                    in 30 CFR 75.1501 will be responsible                 Company has disclosed that certain
                                                    roof, rib, and floor to within 20 feet of                for well intersection emergencies. The                plugging methods can effectively
                                                    the face when mining through the well                    responsible person will review the well               prevent explosive well gases from
                                                    when using continuous or conventional                    intersection procedures prior to any                  entering the mine during regular mining
                                                    mining methods. Conduct rock dusting                     planned intersection.                                 operations and allow additional safety
                                                    on longwall sections on the roof, rib,                      Within 30 days after this petition                 and operational benefits that are not
                                                    and floor up to both the headgate and                    becomes final, the petitioner will submit             possible under § 75.1700.
                                                    tailgate gob.                                            proposed revisions for its approved part                (3) In lieu of establishing and
                                                       (9) When using continuous or                          48 training plan to the DM. The                       maintaining barriers around oil and gas
                                                    conventional mining methods, the                         proposed revisions will include initial               wells, the petitioner proposes to seal the
                                                    working places will be free of                           and refresher training regarding                      Pittsburgh Coal Seam from the
                                                    accumulations of coal dust and coal                      compliance with the terms and                         surrounding strata at the affected wells
                                                    spillages, and rock dust will be applied                 conditions of this petition for                       by using technology developed through
                                                    on the roof, rib, and floor to within 20                 modification. The operator will provide               the petitioner’s successful well-plugging
                                                    feet of the face when mining through the                 all miners involved in the mine-through               program. Since the inception of the
                                                    well. On longwall sections, rock dusting                 of a well with training regarding the                 well-plugging program, thousands of
                                                    will be conducted and place on the roof,                 requirements of this petition for                     previously abandoned oil and gas wells
                                                    rib, and floor up to both the headgate                   modification prior to mining within 150               have been effectively plugged and
                                                    and tailgate gob.                                        feet of the next well to be mined                     successfully been mined through or
                                                       (10) Deenergize all equipment when                    through.                                              around.
                                                    the well is intersected and thoroughly                      Within 30 days after this petition                   (4) In lieu of the method of plugging
                                                    examine the place and determine it is                    becomes final, the petitioner will submit             oil and gas wells approved in the
                                                    safe before resuming mining. After a                     proposed revisions for its approved                   previously granted petition, the
                                                    well has been intersected and the                        mine emergency evacuation and                         petitioner proposes an alternative
                                                    working place determined safe, mining                    firefighting plan required in 30 CFR                  method that incorporates proven
                                                    will continue inby the well at a distance                75.1501. The petitioner will revise the               technological advances not available for
                                                    sufficient to permit adequate ventilation                plans to include the hazards and                      plugging oil and gas wells when the
                                                    around the area of the well.                             evacuation procedures to be used for                  previous petition was granted.
                                                       (11) If the casing is cut or milled at                well intersections. All underground                     As an alternative method of
                                                    the coal seam level, the use of torches                  miners will be trained in this revised                compliance with 30 CFR 75.1700, the
                                                    should not be necessary. In rare                         plan within 30 days of the DM’s                       petitioner proposes to maintain a safety
                                                    instances, torches may be used for                       approval of the revised evacuation plan.              barrier of 300 feet in diameter (150 feet
                                                    inadequately or inaccurately cut or                      Such training may be done in a weekly                 between any mined area and a well)
                                                    milled casings. No open flame is                         safety meeting or other type of                       around all oil and gas wells (defined to
                                                    permitted in the area until adequate                     appropriate setting.                                  include all active, inactive, abandoned,
                                                    ventilation has been established around                     The petitioner asserts that the                    shut-in, and previously plugged wells,
                                                    the wellbore and methane levels are less                 proposed alternative method will at all               including water injection wells) until
                                                    than 1.0 percent in all areas that will be               times guarantee no less than the same                 approval to proceed with mining has
                                                    exposed to flames and sparks from the                    measure or protection afforded by the                 been obtained from the District Manager
                                                    torch. The operator will apply a thick                   existing standard.                                    (DM).
                                                    layer of rock dust to the roof, face, floor,                Docket Number: M–2016–019–C.                         Prior to mining through any oil or gas
                                                    ribs, and any exposed coal within 20                        Petitioner: The Harrison County Coal               wells, the petitioner will provide to the
                                                    feet of the casing prior to any use of                   Company, 1 Bridge Street, Monongah,                   DM a declaration stating that all
                                                    torches.                                                 West Virginia 26554.                                  mandatory procedures for cleaning out,
                                                       (12) Non-sparking (brass) tools will be                  Mine: Harrison County Mine, MSHA                   preparing, and plugging each gas or oil
                                                    located on the working section and will                  I.D. No. 46–01318, located in Marion                  well have been completed. The
                                                    be used to expose and examine cased                      County, West Virginia.                                declaration will be accompanied by logs
                                                    wells.                                                      Regulation Affected: 30 CFR 75.1700                described in this petition and any other
                                                       (13) No person will be permitted in                   (Oil and gas wells).                                  records that the DM may request. The
                                                    the area of the cut-through operation                       Modification Requested: The                        DM will review the declaration, the logs
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                                                    except those actually engaged in the                     petitioner requests that the previously               and any other records that have been
                                                    mining operation, including company                      granted petition for modification be                  requested, and may inspect the well,
                                                    personnel, representative of the miners,                 amended for the Consolidation Coal                    and will then determine if the operator
                                                    personnel from MSHA, and personnel                       Company, Robinson Run Mine, Docket                    has complied with the procedures for
                                                    from the appropriate State agency.                       Number M–2001–015–C (now known as                     cleaning out, preparing and plugging
                                                       (14) The operator will alert all                      the Harrison County Coal Company,                     each well. If the DM determines that the
                                                    personnel in the mine to the planned                     Harrison County Mine, MSHA I.D. No.                   procedures have been complied with
                                                    intersection of the well prior to their                  46–01318). The petitioner states that:                and provides an approval, the operator


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                                                    47432                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    may then mine within the safety barrier                  particular well. When multiple casing                 well. In the alternative, extend a 41⁄2-
                                                    of the well according to the terms of the                and tubing strings are present in the                 inch or larger casing, set in cement, at
                                                    Order.                                                   coal horizon(s), the operator will                    least 36 inches above the ground level
                                                       a. The petitioner proposes to use the                 perforate or rip any casing that remains              with the American Petroleum Institute
                                                    following procedures when cleaning out                   and fill with expanding cement and                    (API) well number either engraved or
                                                    and preparing oil and gas wells prior to                 keep an acceptable casing bond log for                welded on the casing. When the hole
                                                    plugging or replugging:                                  each casing and tubing string used in                 cannot be marked with a physical
                                                       (1) If the total depth of the well is less            lieu of ripping or perforating multiple               monument (e.g., prime farmland), the
                                                    than 4,000 feet, the operator will                       strings.                                              operator will use high-resolution GPS
                                                    completely clean out the well from the                      (4) Place a mechanical bridge plug in              coordinates (one-half meter resolution)
                                                    surface to at least 200 feet below the                   the well if a cleaned-out well emits                  to locate the hole.
                                                    base of the lowest mineable coal seam                    excessive amounts of gas. Place the                      c. The petitioner proposes to use the
                                                    unless the DM requires cleaning to a                     mechanical bridge plug in a competent                 following procedures for plugging or
                                                    greater depth based on what is required                  stratum at least 200 feet (400 feet if the            replugging oil and gas wells for
                                                    due to the geological strata, or due to the              total well depth is 4,000 feet or greater)            subsequent use as degasification
                                                    pressure within the well. If the total                   below the base of the lowest mineable                 boreholes:
                                                    depth of the well is 4,000 feet or greater,              coal seam, but above the top of the                      (1) Set a cement plug in the well by
                                                    the operator will completely clean out                   uppermost hydrocarbon-producing                       pumping expanding cement slurry
                                                    the well from the surface to at least 400                stratum, unless the DM requires a                     down the tubing to provide at least 200
                                                    feet below the base of the lowest                        greater distance based on what is                     feet (400 feet if the total well depth is
                                                    mineable coal seam. The operator will                    required due to the geological strata, or             4,000 feet or greater) of expanding
                                                    remove all material from the entire                      due to the pressure within the well.                  cement below the lowest mineable coal
                                                    diameter of well, wall to wall.                          (The operator will provide the DM with                seam, unless the DM requires a greater
                                                       (2) Prepare down-hole logs for each                   all information it possesses concerning               depth due to the geological strata, or
                                                    well. The logs will consist of a caliper                 the geologic nature of the strata and the             due to the pressure within the well. The
                                                    survey and be suitable for determining                   pressure of the well.) If it is not possible          operator will place the expanding
                                                    the top, bottom, and thickness of all coal               to set a mechanical bridge plug, an                   cement in the well under a pressure of
                                                    seams and potential hydrocarbon-                         appropriately sized packer may be used.               at least 200 pounds per square inch and
                                                    producing strata and the location for a                     (5) Properly place mechanical bridge               extend the top of the expanding cement
                                                    bridge plug. The DM may approve the                      plugs to isolate the hydrocarbon-                     at least 100 feet above the top of the coal
                                                    use of a down-hole camera survey in                      producing stratum from the expanding                  seam being mined, unless the DM
                                                    lieu of down-hole logs. In addition,                     cement plug, if the upper-most                        requires a greater distance due to the
                                                    maintain a journal describing: The                       hydrocarbon-producing stratum is                      geological strata, or due to the pressure
                                                    depth and nature of each material                        within 300 feet of the base of the lowest             within the well.
                                                    encountered; bit size and type used to                   mineable coal seam. Nevertheless, the                    (2) Securely grout a suitable casing
                                                    drill each portion of the hole; length and               operator will place a minimum of 200                  into the bedrock of the upper portion of
                                                    type of each material used to plug the                   feet (400 feet if the total well depth is             the degasification well to protect it. The
                                                    well; the length of casing(s) removed,                   4,000 feet or greater) of expanding                   remainder of this well may be cased or
                                                    perforated or ripped, or left in place;                  cement below the lowest mineable coal                 uncased.
                                                    any sections where casing was cut or                     seam, unless the DM requires a greater                   (3) Fit the top of the degasification
                                                    milled; and other pertinent information                  distance base on what is required due to              casing with a wellhead, equipped as
                                                    concerning cleaning and sealing the                      the geological strata, or due to the                  required by the DM in the approved
                                                    well. Invoices, work-orders, and other                   pressure within the well.                             ventilation plan. Such equipment may
                                                    records relating to all work on the well                    b. The petitioner proposes to use the              include check valves, shut-in valves,
                                                    will be maintained as part of the journal                following procedures for plugging or                  sampling ports, flame arrestor
                                                    and provided to MSHA on request.                         replugging oil or gas wells to the                    equipment, and security fencing.
                                                       (3) Remove all of the casing in the                   surface:                                                 (4) Operation of the degasification
                                                    well or, if it is not possible to remove                    (1) Pump expanding cement slurry                   well will be addressed in the approved
                                                    all of the casing, fill the annulus                      down the well to form a plug that runs                ventilation plan. This may include
                                                    between the casings and between the                      from at least 200 feet (400 feet if the               periodic tests of methane levels and
                                                    casings and the well walls with                          total well depth is 4,000 feet or greater)            limits on the minimum methane
                                                    expanding cement (minimum 0.5                            below the base of the lowest mineable                 concentrations that may be extracted.
                                                    percent expansion on setting) and                        coal seam (or lower if required by the                   (5) After the area of the coal mine that
                                                    ensure that these areas contain no voids.                DM due to the geological strata, or due               is degassed by a well is sealed or the
                                                    If the casing cannot be removed, the                     to pressure within the well) to the                   coal mine is abandoned, seal the degas
                                                    operator will cut or mill it at all                      surface. The operator will place the                  holes using the following procedures:
                                                    mineable coal seam levels and perforate                  expanding cement in the well under a                     (i) Insert a tube to the bottom of the
                                                    or rip it at least every 50 feet from at                 pressure of at least 200 pounds per                   drill hole or, if not possible, to at least
                                                    least 200 feet (400 feet if the total well               square inch. Portland cement or a                     100 feet above the coal seam being
                                                    depth is 4,000 feet or greater) below the                lightweight cement mixture may be                     mined. Remove any blockage to ensure
                                                    base of the lowest mineable coal seam                    used to fill the area from 100 feet above
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                                                                                                                                                                   that the tube is inserted to this depth.
                                                    up to 100 feet above the uppermost                       the top of the uppermost mineable coal                   (ii) Set a cement plug in the well by
                                                    mineable coal seam. If the operator can                  seam (or higher if required by the DM                 pumping Portland cement or a
                                                    demonstrate to the satisfaction of the                   due to the geological strata, or due to the           lightweight cement mixture down the
                                                    DM that all annuli in the well are                       pressure within the well) to the surface.             tubing until the well is filled to the
                                                    already adequately sealed with cement                       (2) Embed steel turnings or other                  surface.
                                                    using a casing bond log, then the                        small magnetic particles in the top of                   (iii) Embed steel turnings or other
                                                    operator will not be required to                         the cement near the surface to serve as               small magnetic particles in the top of
                                                    perforate or rip the casing for that                     a permanent magnetic monument of the                  the cement near the surface to serve as


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                          47433

                                                    a permanent magnetic monument of the                     survey and be suitable for determining                emergency plugs and suitable sealing
                                                    well. In the alternative, extend a 41⁄2-                 the top, bottom, and thickness of all coal            materials will be available in the
                                                    inch or larger casing, set in cement, at                 seams and potential hydrocarbon-                      immediate area of the well intersection.
                                                    least 36 inches above the ground level                   producing strata and the location for the                (5) On the shift prior to mining
                                                    with the API well number engraved or                     bridge plug. The operator will maintain               through the well, all equipment will be
                                                    welded on the casing.                                    a journal describing; the depth and                   serviced and checked for permissibility.
                                                       d. The petitioner proposes to use the                 nature of each material encountered; bit              Water sprays, water pressures and water
                                                    following procedures for preparing and                   size and type used to drill each portion              flow rates used for dust and spark
                                                    plugging or replugging oil or gas wells                  of the hole; the length and type of each              suppression will be examined and any
                                                    that cannot be completely cleaned out:                   material used to plug the well; length of             deficiencies will be corrected.
                                                       (1) Drill a hole adjacent and parallel                casing(s) removed, perforated, ripped, or                (6) Calibrate the methane monitors on
                                                    to the well to a depth of at least 200 feet              left in place; and other pertinent                    the longwall, continuous mining
                                                    (or 400 feet if the total well depth is                  information concerning sealing the well.              machine, or cutting machine and
                                                    4,000 feet or greater) below the lowest                  Invoices, work-orders, and other records              loading machine on the shift prior to
                                                    mineable coal seam, unless the DM                        relating to all work on the well will be              mining through the well.
                                                    requires a greater depth due to the                      maintained as part of the journal and                    (7) When mining is in progress, test
                                                    geological strata, or due to pressures                   provided to MSHA on request.                          methane levels with a hand-held
                                                    within the well.                                            (6) After the plugging the well, plug              methane detector at least every 10
                                                       (2) Locate any casing that may remain                 the open portions of both holes from the              minutes from the time that mining with
                                                    in the well using a geophysical sensing                  bottom to the surface with Portland                   the continuous mining machine is
                                                    device.                                                  cement or a lightweight cement mixture.               within 30 feet of the well until the well
                                                       (3) If the well contains casings, drill                  (7) Embed steel turnings or other                  is intersected and immediately prior to
                                                    into the well from the parallel hole and                 small magnetic particles in the top of                mining through it. No individual is
                                                    perforate or rip all casings at intervals                the cement near the surface to serve as               allowed on the return side during the
                                                    of at least 5 feet from 10 feet below the                a permanent magnetic monument of the                  actual cutting process until the mine-
                                                    coal seam to 10 feet above the coal                      well. In the alternative, extend a 41⁄2-              through has been completed and the
                                                    seam. Beyond that distance, perforate or                 inch or larger casing, set in cement, at              area examined and declared safe. All
                                                    rip all casings at least every 50 feet from              least 36 inches above the ground level.               workplace examinations will be
                                                    at least 200 feet (400 feet if the total well               e. The petitioner proposes to use the              conducted on the return side of the
                                                    depth is 4,000 feet or greater) below the                following procedures after approval has               shearer while the shearer is idle.
                                                    base of the lowest mineable coal seam                    been granted by the DM to mine through                   (8) Keep the working place free from
                                                    up to 100 feet above the seam being                      a plugged or replugged well:                          accumulations of coal dust and coal
                                                    mined, unless the DM requires a greater                     (1) Prior to cutting-through a plugged             spillages, and apply rock dust on the
                                                    distance due to the geological strata, or                well, notify the DM or designee,                      roof, rib, and floor to within 20 feet of
                                                    due to the pressure within the well. The                 representative of the miners, and the                 the face when mining through the well
                                                    operator will fill the annulus between                   appropriate State agency in sufficient                when using continuous or conventional
                                                    the casings and between the casings and                  time for them to have a representative                mining methods. Conduct rock dusting
                                                    the well wall with expanding cement                      present.                                              on longwall sections on the roof, rib,
                                                    (minimum of 0.5% expansion on                               (2) Install drivage spads at the last              and floor up to both the headgate and
                                                    setting), and ensure that these areas                    open crosscut near the place to be                    tailgate gob.
                                                    contain no voids. When multiple casing                   mined to ensure intersection of the well                 (9) When using continuous or
                                                    and tubing strings are present in the                    when mining through wells using                       conventional mining methods, the
                                                    coal horizons, rip or perforate any                      continuous mining equipment. The                      working places will be free of
                                                    casing that remains and fill with                        drivage spads will not be more than 50                accumulations of coal dust and coal
                                                    expanding cement. The operator will                      feet from the well. Install drivage spads             spillages, and rock dust will be applied
                                                    provide an acceptable casing bond log                    on 10-foot centers for a distance of 50               on the roof, rib, and floor to within 20
                                                    for each casing and tubing used in lieu                  feet in advance of the well when using                feet of the face when mining through the
                                                    of ripping or perforating multiple                       longwall-mining methods. The drivage                  well. On longwall sections, rock dusting
                                                    strings.                                                 spads will also be installed in the                   will be conducted and place on the roof,
                                                       (4) Use a horizontal hydraulic                        headgate.                                             rib, and floor up to both the headgate
                                                    fracturing technique to intercept the                       (3) Firefighting equipment, including              and tailgate gob.
                                                    original well where there is sufficient                  fire extinguishers, rock dust, and                       (10) Deenergize all equipment when
                                                    casing in the well to allow use of the                   sufficient fire hose to reach the working             the well is intersected and thoroughly
                                                    method outlined in paragraph (d)(3)                      face area of the mine-through (when                   examine the place and determine it is
                                                    above. Fracture the original well in at                  either the conventional or continuous                 safe before resuming mining. After a
                                                    least six places from at least 200 feet                  mining method is used), will be                       well has been intersected and the
                                                    (400 feet if the total well depth is 4,000               available and operable during each well               working place determined safe, mining
                                                    feet or greater) below the base of the                   mine-through. The operator will locate                will continue inby the well at a distance
                                                    lowest mineable coal seam to a point at                  the fire hose in the last open crosscut of            sufficient to permit adequate ventilation
                                                    least 50 feet above the seam being                       the entry or room and maintain the                    around the area of the well.
                                                    mined at intervals to be agreed on by the                water line to the belt conveyor tailpiece                (11) If the casing is cut or milled at
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                                                    petitioner and the DM after considering                  along with a sufficient amount of fire                the coal seam level, the use of torches
                                                    the geological strata and the pressure                   hose to reach the farthest point of                   should not be necessary. In rare
                                                    within the well. The operator will pump                  penetration on the section.                           instances, torches may be used for
                                                    expanding cement into the fractured                         (4) Keep available at the last open                inadequately or inaccurately cut or
                                                    well in sufficient quantities and in a                   crosscut, a supply of roof support and                milled casings. No open flame is
                                                    manner that fills all intercepted voids.                 ventilation materials sufficient to                   permitted in the area until adequate
                                                       (5) Prepare down-hole logs for each                   ventilate and support around the well                 ventilation has been established around
                                                    well. The logs will consist of a caliper                 on cut-through. In addition, keep                     the wellbore and methane levels are less


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                                                    47434                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    than 1.0 percent in all areas that will be               times guarantee no less than the same                 approval to proceed with mining has
                                                    exposed to flames and sparks from the                    measure or protection afforded by the                 been obtained from the District Manager
                                                    torch. The operator will apply a thick                   existing standard.                                    (DM).
                                                    layer of rock dust to the roof, face, floor,               Docket Number: M–2016–020–C.                           Prior to mining through any oil or gas
                                                    ribs, and any exposed coal within 20                       Petitioner: The Ohio County Coal                    wells, the petitioner will provide to the
                                                    feet of the casing prior to any use of                   Company, 1 Bridge Street, Monongah,                   DM a declaration stating that all
                                                    torches.                                                 West Virginia 26554.                                  mandatory procedures for cleaning out,
                                                       (12) Non-sparking (brass) tools will be                 Mine: Ohio County Mine, MSHA I.D.                   preparing, and plugging each gas or oil
                                                    located on the working section and will                  No. 46–01436, located in Marshall                     well have been completed. The
                                                    be used to expose and examine cased                      County, West Virginia.                                declaration will be accompanied by logs
                                                    wells.                                                     Regulation Affected: 30 CFR 75.1700                 described in this petition and any other
                                                       (13) No person will be permitted in                   (Oil and gas wells).                                  records that the DM may request. The
                                                    the area of the cut-through operation                      Modification Requested: The                         DM will review the declaration, the logs
                                                    except those actually engaged in the                     petitioner requests that the previously               and any other records that have been
                                                    mining operation, including company                      granted petition for modification be                  requested, and may inspect the well,
                                                    personnel, representative of the miners,                 amended for the Consolidation Coal                    and will then determine if the operator
                                                    personnel from MSHA, and personnel                       Company, Shoemaker Mine, Docket                       has complied with the procedures for
                                                    from the appropriate State agency.                       Number M–1990–066–C (now known as                     cleaning out, preparing and plugging
                                                       (14) The operator will alert all                      the Ohio County Coal Company, Ohio                    each well. If the DM determines that the
                                                    personnel in the mine to the planned                     County Mine, MSHA I.D. No. 46–                        procedures have been complied with
                                                    intersection of the well prior to their                  01436). The petitioner states that:                   and provides an approval, the operator
                                                    going underground if the planned                           (1) The large majority of petroleum                 may then mine within the safety barrier
                                                    intersection is to occur during their                    wells in the Marion County Coal                       of the well according to the terms of the
                                                    shift. This warning will be repeated for                 Company Mine were drilled prior to                    Order.
                                                    all shifts until the well has been mined                 1930 when no standards for drilling and                  a. The petitioner proposes to use the
                                                    through.                                                 plugging existed. Many wells were                     following procedures when cleaning out
                                                       (15) A certified official will directly               abandoned during that time.                           and preparing oil and gas wells prior to
                                                    supervise the cut-through operation and                    (2) Extensive research conducted by                 plugging or replugging:
                                                    only the certified official in charge will               the U.S. Bureau of Mines, Energy                         (1) If the total depth of the well is less
                                                    issue instructions concerning the mine-                  Research and Development                              than 4,000 feet, the operator will
                                                    through operation.                                       Administration, MSHA and past                         completely clean out the well from the
                                                       (16) The responsible person required                  experience by Consolidation Coal                      surface to at least 200 feet below the
                                                    in 30 CFR 75.1501 will be responsible                    Company has disclosed that certain                    base of the lowest mineable coal seam
                                                    for well intersection emergencies. The                   plugging methods can effectively                      unless the DM requires cleaning to a
                                                    responsible person will review the well                  prevent explosive well gases from                     greater depth based on what is required
                                                    intersection procedures prior to any                     entering the mine during regular mining               due to the geological strata, or due to the
                                                    planned intersection.                                    operations and allow additional safety                pressure within the well. If the total
                                                       Within 30 days after this petition                    and operational benefits that are not                 depth of the well is 4,000 feet or greater,
                                                    becomes final, the petitioner will submit                possible under § 75.1700.                             the operator will completely clean out
                                                    proposed revisions for its approved part                   (3) In lieu of establishing and                     the well from the surface to at least 400
                                                    48 training plan to the DM. The                          maintaining barriers around oil and gas               feet below the base of the lowest
                                                    proposed revisions will include initial                  wells, the petitioner proposes to seal the            mineable coal seam. The operator will
                                                    and refresher training regarding                         Pittsburgh Coal Seam from the                         remove all material from the entire
                                                    compliance with the terms and                            surrounding strata at the affected wells              diameter of well, wall to wall.
                                                    conditions of this petition for                          by using technology developed through                    (2) Prepare down-hole logs for each
                                                    modification. The operator will provide                  the petitioner’s successful well-plugging             well. The logs will consist of a caliper
                                                    all miners involved in the mine-through                  program. Since the inception of the                   survey and be suitable for determining
                                                    of a well with training regarding the                    well-plugging program, thousands of                   the top, bottom, and thickness of all coal
                                                    requirements of this petition for                        previously abandoned oil and gas wells                seams and potential hydrocarbon-
                                                    modification prior to mining within 150                  have been effectively plugged and                     producing strata and the location for a
                                                    feet of the next well to be mined                        successfully been mined through or                    bridge plug. The DM may approve the
                                                    through.                                                 around.                                               use of a down-hole camera survey in
                                                       Within 30 days after this petition                      (4) In lieu of the method of plugging               lieu of down-hole logs. In addition,
                                                    becomes final, the petitioner will submit                oil and gas wells approved in the                     maintain a journal describing: The
                                                    proposed revisions for its approved                      previously granted petition, the                      depth and nature of each material
                                                    mine emergency evacuation and                            petitioner proposes an alternative                    encountered; bit size and type used to
                                                    firefighting plan required in 30 CFR                     method that incorporates proven                       drill each portion of the hole; length and
                                                    75.1501. The petitioner will revise the                  technological advances not available for              type of each material used to plug the
                                                    plans to include the hazards and                         plugging oil and gas wells when the                   well; the length of casing(s) removed,
                                                    evacuation procedures to be used for                     previous petition was granted.                        perforated or ripped, or left in place;
                                                    well intersections. All underground                        As an alternative method of                         any sections where casing was cut or
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                                                    miners will be trained in this revised                   compliance with 30 CFR 75.1700, the                   milled; and other pertinent information
                                                    plan within 30 days of the DM’s                          petitioner proposes to maintain a safety              concerning cleaning and sealing the
                                                    approval of the revised evacuation plan.                 barrier of 300 feet in diameter (150 feet             well. Invoices, work-orders, and other
                                                    Such training may be done in a weekly                    between any mined area and a well)                    records relating to all work on the well
                                                    safety meeting or other type of                          around all oil and gas wells (defined to              will be maintained as part of the journal
                                                    appropriate setting.                                     include all active, inactive, abandoned,              and provided to MSHA on request.
                                                       The petitioner asserts that the                       shut-in, and previously plugged wells,                   (3) Remove all of the casing in the
                                                    proposed alternative method will at all                  including water injection wells) until                well or, if it is not possible to remove


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                              47435

                                                    all of the casing, fill the annulus                         (1) Pump expanding cement slurry                      (4) Operation of the degasification
                                                    between the casings and between the                      down the well to form a plug that runs                well will be addressed in the approved
                                                    casings and the well walls with                          from at least 200 feet (400 feet if the               ventilation plan. This may include
                                                    expanding cement (minimum 0.5                            total well depth is 4,000 feet or greater)            periodic tests of methane levels and
                                                    percent expansion on setting) and                        below the base of the lowest mineable                 limits on the minimum methane
                                                    ensure that these areas contain no voids.                coal seam (or lower if required by the                concentrations that may be extracted.
                                                    If the casing cannot be removed, the                     DM due to the geological strata, or due                  (5) After the area of the coal mine that
                                                    operator will cut or mill it at all                      to pressure within the well) to the                   is degassed by a well is sealed or the
                                                    mineable coal seam levels and perforate                  surface. The operator will place the                  coal mine is abandoned, seal the degas
                                                    or rip it at least every 50 feet from at                 expanding cement in the well under a                  holes using the following procedures:
                                                    least 200 feet (400 feet if the total well               pressure of at least 200 pounds per                      (i) Insert a tube to the bottom of the
                                                    depth is 4,000 feet or greater) below the                square inch. Portland cement or a                     drill hole or, if not possible, to at least
                                                    base of the lowest mineable coal seam                    lightweight cement mixture may be                     100 feet above the coal seam being
                                                    up to 100 feet above the uppermost                       used to fill the area from 100 feet above             mined. Remove any blockage to ensure
                                                    mineable coal seam. If the operator can                  the top of the uppermost mineable coal                that the tube is inserted to this depth.
                                                    demonstrate to the satisfaction of the                   seam (or higher if required by the DM                    (ii) Set a cement plug in the well by
                                                    DM that all annuli in the well are                       due to the geological strata, or due to the           pumping Portland cement or a
                                                    already adequately sealed with cement                    pressure within the well) to the surface.             lightweight cement mixture down the
                                                    using a casing bond log, then the                           (2) Embed steel turnings or other                  tubing until the well is filled to the
                                                    operator will not be required to                         small magnetic particles in the top of                surface.
                                                                                                                                                                      (iii) Embed steel turnings or other
                                                    perforate or rip the casing for that                     the cement near the surface to serve as
                                                                                                                                                                   small magnetic particles in the top of
                                                    particular well. When multiple casing                    a permanent magnetic monument of the
                                                                                                                                                                   the cement near the surface to serve as
                                                    and tubing strings are present in the                    well. In the alternative, extend a 41⁄2-
                                                                                                                                                                   a permanent magnetic monument of the
                                                    coal horizon(s), the operator will                       inch or larger casing, set in cement, at
                                                                                                                                                                   well. In the alternative, extend a 41⁄2-
                                                    perforate or rip any casing that remains                 least 36 inches above the ground level
                                                                                                                                                                   inch or larger casing, set in cement, at
                                                    and fill with expanding cement and                       with the American Petroleum Institute
                                                                                                                                                                   least 36 inches above the ground level
                                                    keep an acceptable casing bond log for                   (API) well number either engraved or
                                                                                                                                                                   with the API well number engraved or
                                                    each casing and tubing string used in                    welded on the casing. When the hole
                                                                                                                                                                   welded on the casing.
                                                    lieu of ripping or perforating multiple                  cannot be marked with a physical                         d. The petitioner proposes to use the
                                                    strings.                                                 monument (e.g., prime farmland), the                  following procedures for preparing and
                                                       (4) Place a mechanical bridge plug in                 operator will use high-resolution GPS                 plugging or replugging oil or gas wells
                                                    the well if a cleaned-out well emits                     coordinates (one-half meter resolution)               that cannot be completely cleaned out:
                                                    excessive amounts of gas. Place the                      to locate the hole.                                      (1) Drill a hole adjacent and parallel
                                                    mechanical bridge plug in a competent                       c. The petitioner proposes to use the              to the well to a depth of at least 200 feet
                                                    stratum at least 200 feet (400 feet if the               following procedures for plugging or                  (or 400 feet if the total well depth is
                                                    total well depth is 4,000 feet or greater)               replugging oil and gas wells for                      4,000 feet or greater) below the lowest
                                                    below the base of the lowest mineable                    subsequent use as degasification                      mineable coal seam, unless the DM
                                                    coal seam, but above the top of the                      boreholes:                                            requires a greater depth due to the
                                                    uppermost hydrocarbon-producing                             (1) Set a cement plug in the well by               geological strata, or due to pressures
                                                    stratum, unless the DM requires a                        pumping expanding cement slurry                       within the well.
                                                    greater distance based on what is                        down the tubing to provide at least 200                  (2) Locate any casing that may remain
                                                    required due to the geological strata, or                feet (400 feet if the total well depth is             in the well using a geophysical sensing
                                                    due to the pressure within the well.                     4,000 feet or greater) of expanding                   device.
                                                    (The operator will provide the DM with                   cement below the lowest mineable coal                    (3) If the well contains casings, drill
                                                    all information it possesses concerning                  seam, unless the DM requires a greater                into the well from the parallel hole and
                                                    the geologic nature of the strata and the                depth due to the geological strata, or                perforate or rip all casings at intervals
                                                    pressure of the well.) If it is not possible             due to the pressure within the well. The              of at least 5 feet from 10 feet below the
                                                    to set a mechanical bridge plug, an                      operator will place the expanding                     coal seam to 10 feet above the coal
                                                    appropriately sized packer may be used.                  cement in the well under a pressure of                seam. Beyond that distance, perforate or
                                                       (5) Properly place mechanical bridge                  at least 200 pounds per square inch and               rip all casings at least every 50 feet from
                                                    plugs to isolate the hydrocarbon-                        extend the top of the expanding cement                at least 200 feet (400 feet if the total well
                                                    producing stratum from the expanding                     at least 100 feet above the top of the coal           depth is 4,000 feet or greater) below the
                                                    cement plug, if the upper-most                           seam being mined, unless the DM                       base of the lowest mineable coal seam
                                                    hydrocarbon-producing stratum is                         requires a greater distance due to the                up to 100 feet above the seam being
                                                    within 300 feet of the base of the lowest                geological strata, or due to the pressure             mined, unless the DM requires a greater
                                                    mineable coal seam. Nevertheless, the                    within the well.                                      distance due to the geological strata, or
                                                    operator will place a minimum of 200                        (2) Securely grout a suitable casing               due to the pressure within the well. The
                                                    feet (400 feet if the total well depth is                into the bedrock of the upper portion of              operator will fill the annulus between
                                                    4,000 feet or greater) of expanding                      the degasification well to protect it. The            the casings and between the casings and
                                                    cement below the lowest mineable coal                    remainder of this well may be cased or                the well wall with expanding cement
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                                                    seam, unless the DM requires a greater                   uncased.                                              (minimum of 0.5% expansion on
                                                    distance base on what is required due to                    (3) Fit the top of the degasification              setting), and ensure that these areas
                                                    the geological strata, or due to the                     casing with a wellhead, equipped as                   contain no voids. When multiple casing
                                                    pressure within the well.                                required by the DM in the approved                    and tubing strings are present in the
                                                       b. The petitioner proposes to use the                 ventilation plan. Such equipment may                  coal horizons, rip or perforate any
                                                    following procedures for plugging or                     include check valves, shut-in valves,                 casing that remains and fill with
                                                    replugging oil or gas wells to the                       sampling ports, flame arrestor                        expanding cement. The operator will
                                                    surface:                                                 equipment, and security fencing.                      provide an acceptable casing bond log


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                                                    47436                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    for each casing and tubing used in lieu                  feet in advance of the well when using                feet of the face when mining through the
                                                    of ripping or perforating multiple                       longwall-mining methods. The drivage                  well. On longwall sections, rock dusting
                                                    strings.                                                 spads will also be installed in the                   will be conducted and place on the roof,
                                                       (4) Use a horizontal hydraulic                        headgate.                                             rib, and floor up to both the headgate
                                                    fracturing technique to intercept the                       (3) Firefighting equipment, including              and tailgate gob.
                                                    original well where there is sufficient                  fire extinguishers, rock dust, and                       (10) Deenergize all equipment when
                                                    casing in the well to allow use of the                   sufficient fire hose to reach the working             the well is intersected and thoroughly
                                                    method outlined in paragraph (d)(3)                      face area of the mine-through (when                   examine the place and determine it is
                                                    above. Fracture the original well in at                  either the conventional or continuous                 safe before resuming mining. After a
                                                    least six places from at least 200 feet                  mining method is used), will be                       well has been intersected and the
                                                    (400 feet if the total well depth is 4,000               available and operable during each well               working place determined safe, mining
                                                    feet or greater) below the base of the                   mine-through. The operator will locate                will continue inby the well at a distance
                                                    lowest mineable coal seam to a point at                  the fire hose in the last open crosscut of            sufficient to permit adequate ventilation
                                                    least 50 feet above the seam being                       the entry or room and maintain the                    around the area of the well.
                                                    mined at intervals to be agreed on by the                water line to the belt conveyor tailpiece                (11) If the casing is cut or milled at
                                                    petitioner and the DM after considering                  along with a sufficient amount of fire                the coal seam level, the use of torches
                                                    the geological strata and the pressure                   hose to reach the farthest point of                   should not be necessary. In rare
                                                    within the well. The operator will pump                  penetration on the section.                           instances, torches may be used for
                                                    expanding cement into the fractured                         (4) Keep available at the last open                inadequately or inaccurately cut or
                                                    well in sufficient quantities and in a                   crosscut, a supply of roof support and                milled casings. No open flame is
                                                    manner that fills all intercepted voids.                 ventilation materials sufficient to                   permitted in the area until adequate
                                                       (5) Prepare down-hole logs for each                   ventilate and support around the well                 ventilation has been established around
                                                    well. The logs will consist of a caliper                 on cut-through. In addition, keep                     the wellbore and methane levels are less
                                                    survey and be suitable for determining                   emergency plugs and suitable sealing                  than 1.0 percent in all areas that will be
                                                    the top, bottom, and thickness of all coal               materials will be available in the                    exposed to flames and sparks from the
                                                    seams and potential hydrocarbon-                         immediate area of the well intersection.              torch. The operator will apply a thick
                                                    producing strata and the location for the                   (5) On the shift prior to mining                   layer of rock dust to the roof, face, floor,
                                                    bridge plug. The operator will maintain                  through the well, all equipment will be               ribs, and any exposed coal within 20
                                                    a journal describing; the depth and                      serviced and checked for permissibility.              feet of the casing prior to any use of
                                                    nature of each material encountered; bit                 Water sprays, water pressures and water               torches.
                                                    size and type used to drill each portion                 flow rates used for dust and spark                       (12) Non-sparking (brass) tools will be
                                                    of the hole; the length and type of each                 suppression will be examined and any                  located on the working section and will
                                                    material used to plug the well; length of                deficiencies will be corrected.                       be used to expose and examine cased
                                                    casing(s) removed, perforated, ripped, or                   (6) Calibrate the methane monitors on              wells.
                                                    left in place; and other pertinent                       the longwall, continuous mining                          (13) No person will be permitted in
                                                    information concerning sealing the well.                 machine, or cutting machine and                       the area of the cut-through operation
                                                    Invoices, work-orders, and other records                 loading machine on the shift prior to                 except those actually engaged in the
                                                    relating to all work on the well will be                 mining through the well.                              mining operation, including company
                                                    maintained as part of the journal and                       (7) When mining is in progress, test               personnel, representative of the miners,
                                                    provided to MSHA on request.                             methane levels with a hand-held                       personnel from MSHA, and personnel
                                                       (6) After the plugging the well, plug                 methane detector at least every 10                    from the appropriate State agency.
                                                    the open portions of both holes from the                 minutes from the time that mining with                   (14) The operator will alert all
                                                    bottom to the surface with Portland                      the continuous mining machine is                      personnel in the mine to the planned
                                                    cement or a lightweight cement mixture.                  within 30 feet of the well until the well             intersection of the well prior to their
                                                       (7) Embed steel turnings or other                     is intersected and immediately prior to               going underground if the planned
                                                    small magnetic particles in the top of                   mining through it. No individual is                   intersection is to occur during their
                                                    the cement near the surface to serve as                  allowed on the return side during the                 shift. This warning will be repeated for
                                                    a permanent magnetic monument of the                     actual cutting process until the mine-                all shifts until the well has been mined
                                                    well. In the alternative, extend a 41⁄2-                 through has been completed and the                    through.
                                                    inch or larger casing, set in cement, at                 area examined and declared safe. All                     (15) A certified official will directly
                                                    least 36 inches above the ground level.                  workplace examinations will be                        supervise the cut-through operation and
                                                       e. The petitioner proposes to use the                 conducted on the return side of the                   only the certified official in charge will
                                                    following procedures after approval has                  shearer while the shearer is idle.                    issue instructions concerning the mine-
                                                    been granted by the DM to mine through                      (8) Keep the working place free from               through operation.
                                                    a plugged or replugged well:                             accumulations of coal dust and coal                      (16) The responsible person required
                                                       (1) Prior to cutting-through a plugged                spillages, and apply rock dust on the                 in 30 CFR 75.1501 will be responsible
                                                    well, notify the DM or designee,                         roof, rib, and floor to within 20 feet of             for well intersection emergencies. The
                                                    representative of the miners, and the                    the face when mining through the well                 responsible person will review the well
                                                    appropriate State agency in sufficient                   when using continuous or conventional                 intersection procedures prior to any
                                                    time for them to have a representative                   mining methods. Conduct rock dusting                  planned intersection.
                                                    present.                                                 on longwall sections on the roof, rib,                   Within 30 days after this petition
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                                                       (2) Install drivage spads at the last                 and floor up to both the headgate and                 becomes final, the petitioner will submit
                                                    open crosscut near the place to be                       tailgate gob.                                         proposed revisions for its approved part
                                                    mined to ensure intersection of the well                    (9) When using continuous or                       48 training plan to the DM. The
                                                    when mining through wells using                          conventional mining methods, the                      proposed revisions will include initial
                                                    continuous mining equipment. The                         working places will be free of                        and refresher training regarding
                                                    drivage spads will not be more than 50                   accumulations of coal dust and coal                   compliance with the terms and
                                                    feet from the well. Install drivage spads                spillages, and rock dust will be applied              conditions of this petition for
                                                    on 10-foot centers for a distance of 50                  on the roof, rib, and floor to within 20              modification. The operator will provide


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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                                                     47437

                                                    all miners involved in the mine-through                    DEPARTMENT OF LABOR                                                Administration, U.S. Department of
                                                    of a well with training regarding the                                                                                         Labor, Room N–3609, 200 Constitution
                                                    requirements of this petition for                          Occupational Safety and Health                                     Avenue NW., Washington, DC 20210,
                                                    modification prior to mining within 150                    Administration                                                     telephone: (202) 693–2222.
                                                    feet of the next well to be mined                                                                                             SUPPLEMENTARY INFORMATION:     In a series
                                                                                                               Agency Information Collection
                                                    through.                                                   Activities: Announcement of the Office                             of Federal Register notices, the Agency
                                                       Within 30 days after this petition                      of Management and Budget (OMB)                                     announced its requests to OMB to renew
                                                    becomes final, the petitioner will submit                  Control Numbers Under the Paperwork                                its current extensions of approvals for
                                                    proposed revisions for its approved                        Reduction Act                                                      various information collection
                                                    mine emergency evacuation and                                                                                                 (paperwork) requirements in its safety
                                                                                                               AGENCY:  Occupational Safety and Health
                                                    firefighting plan required in 30 CFR                                                                                          and health standards pertaining to
                                                                                                               Administration (OSHA), Labor.
                                                    75.1501. The petitioner will revise the                                                                                       general industry, shipyard employment,
                                                                                                               ACTION: Notice; announcement of the
                                                    plans to include the hazards and                                                                                              and the construction industry (i.e., 29
                                                                                                               Office of Management and Budget’s                                  CFR parts 1905, 1910, 1915, 1917, 1918,
                                                    evacuation procedures to be used for                       (OMB) approval of information
                                                    well intersections. All underground                                                                                           and 1926), and regulations pertaining to
                                                                                                               collection requirements.                                           Occupational Safety and Health State
                                                    miners will be trained in this revised
                                                    plan within 30 days of the DM’s                            SUMMARY:   The Occupational Safety and                             Plans, and OSHA Strategic Partnership
                                                    approval of the revised evacuation plan.                   Health Administration announces that                               Program for Worker Safety and Health.
                                                    Such training may be done in a weekly                      OMB extended its approval for a                                    In these Federal Register
                                                    safety meeting or other type of                            number of information collection                                   announcements, the Agency provided
                                                    appropriate setting.                                       requirements found in a number of                                  60-day comment periods for the public
                                                                                                               OSHA’s standards and regulations.                                  to respond to OSHA’s burden hour and
                                                       The petitioner asserts that the                         OSHA sought approval of these                                      cost estimates.
                                                    proposed alternative method will at all                    requirements under the Paperwork                                      In accord with the PRA (44 U.S.C.
                                                    times guarantee no less than the same                      Reduction Act of 1995 (PRA), and, as                               3501–3520), OMB approved these
                                                    measure or protection afforded by the                      required by that Act, is announcing the                            information collection requirements.
                                                    existing standard.                                         approval numbers and expiration dates                              The table below provides the following
                                                    Sheila McConnell,
                                                                                                               for these requirements and regulations.                            information for each of these
                                                                                                               DATES: This notice is effective July 21,                           information collection requirements
                                                    Director, Office of Standards, Regulations,
                                                    and Variances.
                                                                                                               2016.                                                              approved by OMB: the title of the
                                                    [FR Doc. 2016–17173 Filed 7–20–16; 8:45 am]
                                                                                                               FOR FURTHER INFORMATION CONTACT:                                   Federal Register notice; the Federal
                                                                                                               Theda Kenney or Todd Owen,                                         Register reference (date, volume, and
                                                    BILLING CODE 4520–43–P
                                                                                                               Directorate of Standards and Guidance,                             leading page); OMB’s Control Number;
                                                                                                               Occupational Safety and Health                                     and the new expiration date.

                                                                                                                                            Date of Federal Register
                                                                 Title of the information collection                                              publication,                                              OMB control     Expiration
                                                                               request                                                   Federal Register reference, and                                       No.            date
                                                                                                                                               OSHA docket No.

                                                    1,2-Dibromo-3      Chloropropane        (DBCP)       (29      CFR   May 18, 2015 .................................................................      1218–0101 ..   12/31/2018
                                                      1910.1044).                                                       80 FR 28300
                                                                                                                        Docket No. OSHA–2012–0010
                                                    1,3-Butadiene (29 CFR 1910.1051) ................................   October 26, 2015 ...........................................................        1218–0170 ..   05/31/2019
                                                                                                                        80 FR 65246
                                                                                                                        Docket No. OSHA–2012–0027
                                                    4,4’-Methylenedianiline (MDA) in Construction (29 CFR               December 17, 2015 ........................................................          1218–0183 ..   06/20/2019
                                                      1926.60).                                                         80 FR 78773
                                                                                                                        Docket No. OSHA–2012–0031
                                                    Asbestos in Shipyards (29 CFR 1915.1001) ..................         May 21, 2015 .................................................................      1218–0195 ..   03/31/2019
                                                                                                                        80 FR 29344
                                                                                                                        Docket No. OSHA–2012–0009
                                                    Cadmium in General Industry (29 CFR 1910.1027) .......              June 11, 2015 ................................................................      1218–0185 ..   12/31/2018
                                                                                                                        80 FR 33293
                                                                                                                        Docket No. OSHA–2012–0005
                                                    Commercial Diving Operations (29 CFR part 1910, sub-                April 7, 2015 ...................................................................   1218–0069 ..   03/31/2019
                                                      part T).                                                          80 FR 18647
                                                                                                                        Docket No. OSHA–2011–0008
                                                    Hazardous Waste Operations and Emergency Re-                        August 19, 2015 .............................................................       1218–0202 ..   03/31/2019
                                                      sponse (HAZWOPER) (29 CFR 1910.120).                              80 FR 50325
                                                                                                                        Docket No. OSHA–2011–0862
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Hexavalent Chromium for General Industry (29 CFR                    December 17, 2015 ........................................................          1218–0252 ..   06/30/2019
                                                      1910.1026), Shipyard Employment (29 CFR                           80 FR 78775
                                                      1915.1026), and Construction (29 CFR 1926.1126).                  Docket No. OSHA–2012–0034
                                                    Inorganic Arsenic (29 CFR 1910.1018) ..........................     January 14, 2015 ...........................................................        1218–0104 ..   10/31/2018
                                                                                                                        80 FR 1970
                                                                                                                        Docket No. OSHA2011–0186
                                                    Lead in Construction (29 CFR 1926.62) .........................     September 22, 2015 .......................................................          1218–0189 ..   04/30/2019
                                                                                                                        80 FR 57231
                                                                                                                        Docket No. OSHA–2012–0014



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Document Created: 2018-02-08 07:59:08
Document Modified: 2018-02-08 07:59:08
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 MSHA's Office of Standards, Regulations, and Variances on or before August 22, 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 Citation81 FR 47422 

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