On January 26, 1998, a petition was filed seeking a modification of the application of 30 CFR 75.1700 to Petitioner's Blacksville No. 2 Mine, located in Monongalia County, West Virginia. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
Comments concerning the requested modification were provided by the United Mine Workers of America (UMWA) and were included as a part of MSHA's investigation report. In addition, the petitioner has provided comments concerning the investigation report and its recommendations.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, a Proposed Decision and Order (PDO) was issued January 20, 1999.
On February 15, 1999, the petitioner requested a hearing before the Department of Labor's Office of Administrative Law Judges pursuant to 30 CFR 44.14, contesting a number of terms and conditions in the Administrator's PDO. The UMWA submitted comments concerning the PDO and became a party in interest to the hearing proceedings. A pre-hearing conference was held before Administrative Law Judge Daniel Leland on June 15, 1999, at which all parties were represented. Because the parties could not reach a settlement at the conference, it was agreed that this case should be remanded back to the Administrator for further investigation. The Administrator submitted an unopposed Motion for Remand, which was granted by Judge Leland on July 19, 1999.
After the case was remanded, MSHA's Technical Support Branch conducted a further review of the merits of the petition for modification. As a part of the review, Technical Support requested additional documentation for the well plugging process and specifications which the petitioner provides the drilling contractor, to ensure the terms and conditions of the PDO have been met. This information was not provided by the petitioner and as a result many of Consolidation Coal Company's requested changes to the original PDO could not be supported.
After a careful review of the entire record, including the result of further investigation by the MSHA Technical Support Branch, this Amended Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1700.
The petitioner's requested modification was submitted to allow an additional method of plugging gas and oil wells and to update language used in recent Petitions which allow the plugging and mining through of oil and gas wells. The modification granted under Docket No. M-79-256-C allowed only the vent pipe plugging method to be used; however, Consolidation Coal Company intends to plug some wells to the surface. In addition, the petitioner seeks changes in wording to clarify the intent of the proposed alternative method as it applies to the Blacksville No. 2 Mine. MSHA amended the petitioners proposed alternative method in the following ways in the PDO issued January 20, 1999, to assure that the alternative method provided at least the same measure of protection to miners as the standard:
(a) The terms and conditions were up-dated to include all of the methods of well plugging which can result in an environment safe for mining through plugged oil or gas wells. This included allowing methods for plugging wells to the surface and the vent pipe method of well plugging. Methods for well plugging which allow the plugged well to serve as a degasification borehole were not included at the petitioner's request. Also, MSHA listed specific precautions which are to be taken during each instance of mining through a plugged gas well. These precautions may also be a part of a specific plan for mining through each well.
(b) MSHA retained the use of "diligent effort" in referring to cleaning out boreholes or the removal of well casing.
(c) The petitioner and MSHA's investigators requested provisions to delegate additional District Manager approval authority to allow application of new technology, reasonable interpretation of technical feasibility and/or alternative mining through plan provisions were included. Also, MSHA made adjustments to the alternative method to reflect the long-standing practice of seeking agreement between management and labor with regard to the plan prior to the District Manager approving the shift on which the mining through shall occur. In addition, provisions delegating the District Manager the requested authority were clarified.
As a result of evaluation of the petitioner's comments, the UMWA comments and MSHA Technical Support Branch recommendations, the granting terms and conditions have been amended as follows:
a) A word processing error has been corrected. "Lower Kittanning Coal Seam" has been corrected to "Pittsburgh Coal Seam".
b) Paragraphs I.a)1. and I.a)2. continue to use the phase "diligent effort". This means that the MSHA district manager or his representative must be notified when efforts to remove casing and/or clean out the well to its full depth have failed, and before the petitioner or his contractor(s) resorts to ripping or perforating the casing and/or plugging at lesser depths, as allowed in relevant paragraphs of the terms and conditions.
c) The petitioner's request to specifically list "hydrostatic fluid", drilling mud or gel, along with brush plugs and mechanical bridge plugs, as a means of stopping gas flow from a cleaned out bore hole, has not been incorporated. Current language requires the use of mechanical devices only if a cleaned out well produces gas, but allows district manager approval of other effective methods. In addition, if the drilling mud or gel is in place at the completion of cleaning out the bore hole and no gas is being produced, Paragraph I.a)3. would not require installation of a mechanical bridge or brush plug. Conversely, bore holes which produce water and gas or from which gas is being emitted at high volume or pressure, may not be controllable using hydrostatic fluids.
d) The petitioner requested that Paragraph I.a)6. incorporate an exception that the bore hole not be supported by gel during "wash over". The term "wash over" is defined in the U.S. Bureau of Mines Dictionary as the removal of material between a bore hole casing and the bore hole wall. The requested change was not incorporated into this Amended PDO. However, the word "densifies" was clarified to mean the effect that the gel column's weight is to have upon the expanding cement.
e) The petitioner requested clarification that the placement of expanding cement through "tubing", also allows the pumping through drill steel and changes were incorporated in paragraphs I.b)1.
f) Paragraph II.(a)(2) and II.(b) have been revised to reflect the language normally used in requiring a planning meeting for each well cut-through. These changes place no limitation or restriction upon the district manager's criteria for approving the cut-through plan provisions or the cut-through shift.
g) Paragraph II(f) has been revised, after consultation with the MSHA District, to accurately reflect the required fire fighting equipment.
h) Paragraphs II(r) and II(s) have been revised to require the petitioner to provide drilling contractors specifications for plugging oil or gas wells. These specifications are intended to ensure that the well plugging affidavit documents that the PDO terms and conditions have been met.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.1700 to its Blacksville No. 2 Mine. When this Amended PDO becomes final, the Amended PDO's special terms and conditions will supersede PDO issued January 20, 1999 and the modification granted to the Blacksville No. 2 Mine by the PDO, Docket No. M-79-256-C, issued July 18, 1980 and finalized August 18, 1980.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.1700 in the Blacksville No. 2 Mine is hereby:
GRANTED, for mining through or near (whenever the safety barrier diameter is reduced to a distance less than the District Manager would approve pursuant to Section 75.1700) plugged oil or gas wells penetrating the Pittsburgh Coal Seam, conditioned upon compliance with the following terms and conditions:
I. Procedures to be utilized when plugging gas or oil wells.
(a) Cleaning out and preparing oil and gas wells. Prior to plugging an oil or gas well, the following procedure shall be followed:
(1) A diligent effort shall be made to clean the borehole to the original total depth. If this depth cannot be reached, the borehole shall be cleaned out to a depth which would permit the placement of at least 200 feet of expanding cement below the base of the lowest mineable coalbed.
(2) When cleaning the borehole, a diligent effort shall be made to remove all the casing in the borehole. If it is not possible to remove all casing, the casing which remains shall be perforated, or ripped, at intervals spaced close enough to permit expanding cement slurry to infiltrate the annulus between the casing and the borehole wall for a distance of at least 200 feet below the base of the lowest mineable coalbed.
(3) If the cleaned-out borehole produces gas, a mechanical bridge plug shall be placed in the borehole in a competent stratum at least 200 feet below the base of the lowest mineable coalbed, but above the top of the uppermost hydrocarbon-producing stratum. If it is not possible to set a mechanical bridge plug, a substantial brush plug may be used in place of the mechanical bridge plug.
The MSHA District Manager is authorized to allow the use of other effective methods of stopping any and all flow emitting through the wellbore before placement of cement through the mineable coal seam(s). Such approval shall be documented in a written response to the operators submittal of a detailed explanation of the method to be used and an engineering evaluation of the relative effectiveness of the alternative.
(4) A suite of logs shall be made consisting of a caliper survey directional deviation survey, and log(s) suitable for determining the top and bottom of the lowest mineable coalbed and potential hydrocarbon producing strata and the location for the bridge plug or approved alternative device.
(5) If the uppermost hydrocarbon-producing stratum is within 200 feet of the base of the lowest mineable coalbed, properly placed mechanical bridge plugs or a suitable brush plug described in subparagraph (a)(3) or an approved alternative device shall be used to isolate the hydrocarbon producing stratum from the expanding cement plug. Nevertheless, a minimum of 200 feet of expanding cement shall be placed below the lowest mineable coalbed.
(6) The wellbore shall be completely filled and circulated with a gel that inhibits any flow of gas, supports the walls of the borehole, and, and forces the expanding cement into voids and cavities and minimize the size of occluded air bubbles in the expanding cement. This gel shall be pumped through open-end tubing run to a point approximately 20 feet above the bottom of the cleaned out area of the borehole or bridge plug. This gel may be pumped through the drill steel during the clean out process where and when doing so is shown to achieve the desired purpose.
(b) Plugging oil or gas wells to the surface. The following procedures shall be utilized when plugging gas or oil wells to the surface:
(1) A cement plug shall be set in the wellbore by pumping an expanding cement slurry down the tubing or drill steel to displace the gel and fill the borehole to the surface. (As an alternative, the cement slurry may be pumped down the tubing or drill steel so that the borehole is filled with Portland cement or a Portland cement-fly ash mixture from a point approximately 100 feet above the top of the lowest mineable coalbed to the surface with an expanding cement plug extending from at least 200 feet below the lowest mineable coalbed to the bottom of the Portland cement.) There shall be at least 200 feet of expanding cement below the base of the lowest mineable coalbed.
(2) A marker conforming to the requirements of the state regulatory authority shall be installed at the bore hole, or a small quantity of steel turnings, or other small magnetic particles, shall be embedded in the top of the cement near the surface. Which ever method is used, it must be suitable to serve as a permanent magnetic monument of the borehole.
(c) Plugging oil or gas wells using the vent pipe method. The following procedures shall be utilized when using the vent pipe method for plugging oil and gas wells:
(1) A 4 ½-inch or larger vent pipe shall be run into the wellbore to a depth of 100 feet below the lowest mineable coalbed and swedged to a smaller diameter pipe, if desired, which will extend to a point approximately 20 feet above the bottom of the cleaned out area of the borehole or bridge plug.
(2) A cement plug shall be set in the wellbore by pumping an expanding cement slurry, Portland cement, or a Portland cement-fly ash mixture down the tubing (vent pipe) to displace the gel so that the borehole is filled with cement. A calculated displacement value will determine (using the suite of logs recorded during cleaning out of the well as outlined in Paragraph I(a)(4)) the amount of expanding cement to be pumped. The calculated value will be sufficient to assure the expanding cement plug filling the annulus between the vent pipe and borehole extends from 200 feet below to 100 feet above the mineable coal seam(s) and to fill the vent pipe below the lowest mineable coal seam. A rubber plug will be installed in the vent pipe at a point no less than 80 feet below the lowest mineable coal seam and the remainder of the casing to the surface (the vent pipe) will be filled with water.
(3) All fluid shall be evacuated from the vent pipe to facilitate testing for gases. During the evacuation of fluid, the expanding cement shall not be disturbed.
(4) The top of the vent pipe shall be protected to prevent liquids or solids from entering the wellbore, but permit ready access to the full internal diameter of the vent pipe when necessary.
II. The well plugging in Paragraph I and the following cut-through procedures (a-t) apply whenever the petitioner reduces the safety barrier diameter to a distance less than the District Manager would approve pursuant to Section 75.1700 or proceeds with an intent to cut through a plugged well:
(a) The operator shall notify the District Manager or designee:
(1) Prior to mining within 300 feet of the well; and
(2) When a specific plan is developed for mining through each well. This plan for mining through (cut-through plan) shall at a minimum incorporate or use all of the provisions of Part II of this PDO. However, the District Manager is authorized to approve alternative methods of achieving the safety objectives. The proposal shall describe the provision(s) which is or are being replaced and how the alternative provides the same protection. The proposal shall be approved in writing by the District Manager prior to being implemented in a cut-through plan. The District Manager may decline to approve a proposed alternative and/or determine an amending petition for modification and a subsequent investigation is needed to properly establish that the same measure of protection to miners is preserved.
(b) The MSHA District Manager or designee shall conduct a conference prior to mining through any plugged well to review and approve the specific procedures for mining through the well. Representatives of the operator, the representative of the miners, and the appropriate State agency shall be informed, within a reasonable time prior to the conference, and be given an opportunity to attend and participate. This meeting may be called by the operator.
(c) Mining through a plugged well shall be done on a shift approved by the District Manager or designee.
(d) The District Manager or designee, representative of the miners, and the appropriate State agency shall be notified by the operator in sufficient time prior to the mining through operation in order to have an opportunity to have representatives present.
(e) When using continuous or conventional mining methods, drivage sights shall be installed at the last open crosscut near the place to be mined to ensure intersection of the well, and again if necessary to ensure that the sight line is not more than 50 feet from the well. When using longwall mining methods, a reference marker will be installed on the longwall face to identify the location and distance that marker is from the well to be intersected. This marker will be installed at a distance no more than 50 feet but no less than 15 feet from the well to be mined through. Additionally, a reference marker to indicate when the longwall face is within 5 feet of the well and a marker to indicate the location of the well will be installed on the headgate, by survey method.
(f) Firefighting equipment, including a minimum of 2-10 pound fire extinguishers, 240 pounds of rock dust and sufficient fire hose or water line to reach the working face area of the mining through shall be available when the continuous mining method is used. If water line is used, it must be capable of applying 50 gallons per minute of water at a 50 Pounds Per Square Inch (PSI) nozzle pressure to a fire within 10 minutes. The fire extinguishers and rock dust shall be readily available near the working face. The fire hose, if used, shall be located in the last open cross cut of the entry or room and shall be connected to the section water supply. When the longwall mining method is implemented, a minimum 2-10 Pound fire extinguishers and 240 pounds of rock dust shall be located within 5 shields of the well cut-through location on the intake side of the longwall face. Sufficient fire hose, water line, or other device capable of applying 50 gallons per minute of water at 50 PSI nozzle pressure to a fire within 10 minutes shall be available on the section.
(g) Sufficient supplies of roof support and ventilation materials shall be available and located at the last open crosscut.
(h) The quantity of air required by the approved ventilation system and methane and dust control plan, but not less than 9,000 cubic feet of air per minute shall be used to ventilate the working face during the mining through operation. On longwall sections, a minimum of 30,000 cfm shall be used to ventilate the working face during the mining through operation.
(i) Equipment shall be checked for permissibility and serviced on the shift prior to mining through the well and the water line maintained to the tail piece with sufficient hose to reach the farthest point of penetration on the section or the tailgate of the longwall.
(j) The methane monitor on the longwall, continuous mining machine, or cutting machine and loading machine shall be calibrated on the shift prior to mining through the well.
(k) When mining is in progress, tests for methane shall be made with a hand-held methane detector at least every 10 minutes from the time that mining with the continuous mining machine, cutting machine, or loading machine is within 30 feet of the well until the well is intersected and immediately prior to mining through. When mining with longwall mining equipment, the tests for methane shall be made at least every 10 minutes when the longwall face is within 10 feet of the well. During the actual cutting through process, no individual shall be allowed on the return side until mining through has been completed and the area has been examined and declared safe.
(l) When using continuous or conventional mining methods, the working place shall be free from accumulations of coal dust and coal spillages.
(m) When the wellbore is intersected, all equipment shall be deenergized and the place thoroughly examined and determined safe before mining is resumed. Any well casing shall be removed and no open flame shall be permitted in the area until adequate ventilation has been established around the wellbore.
(n) After a well has been intersected and the working place determined safe, mining shall continue inby the well a sufficient distance to permit adequate ventilation around the area of the wellbore.
(o) No person shall be permitted in the area of the mining through operation except those actually engaged in the operation, company personnel, representatives of the miners, personnel from MSHA, and personnel from the appropriate State agency. The area of the mining through is defined as anywhere inby the last open cross cut on continuous mining or conventional mining sections and as anywhere on the longwall face or in the headgate even with the longwall face on longwall sections.
(p) The mining through operation shall be under the direct supervision of a certified official. Instructions concerning the mining through operation shall be issued only by the certified official in charge.
(q) MSHA personnel may interrupt or halt the mining through operation when it is necessary for the safety of the miners.
(r) A copy of this Amended PDO shall be maintained at the mine and be available to the miners. In addition, a copy of this Amended PDO shall be provided to any contractor or company representative employed in conducting or supervising the clean out and plugging of oil or gas wells as a part of the contract specifications. The specifications must also include instructions on the persons to contact when difficulties are encountered in removing well casings, when casings must be perforated or ripped or when other discretion allowed in achieving the desired results is being exercised. Such specifications shall, at a minimum, identify the minable coal seams; the depths to which well casings are to be removed; the effort to be expended in attempting to remove well casing(s) before perforating or ripping is undertaken; the depths at which expansive cement will begin and end, the use of gel and/or mechanic means of stopping gas flow; and, the type and extent of documentation required to demonstrate that the well has been plugged at least to the minimum requirements of the Amended PDO.
(s) The Petitioner shall file a plugging affidavit setting forth the persons who participated in the work, a description of the plugging work, and a certification that the well has been plugged as described in the affidavit. The party preparing the affidavit shall be as required by the State regulatory authority. That affidavit shall provide all necessary information to demonstrate that the requirements of this Amended PDO have been met.
(t) Within 60 days after this PDO becomes final, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the alternative method stated in the petition and the special terms and conditions stated in the PDO.
The terms and conditions of this PDO when it becomes final shall supersede the Decision and Order, Docket No. M-79-256-C, issued July 18, 1980, and finalized August 18, 1980.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (55 Federal Register, December 28, 1990) within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health
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