Federal Register #MSHA-2026-0001

Petition for Modification of Mine Safety Standards at Kepler Sewell Mine

This notice announces a petition for modification of federal mine safety standards at the Kepler Sewell Mine in West Virginia. - Government Buyer: - Mine Safety and Health Administration (MSHA), Department of Labor - Petitioning Entity: - Kepler Processing Company, LLC - Scope of Petition: - Request to modify 30 CFR 77.214(a) safety standard for refuse piles - Applies to Kepler No. 1 Prep Plant, Wyoming County, WV - Proposed Alternative Method: - Use of coarse coal refuse as backfill for five abandoned mine openings - Soil and rock backstowing, installation of drainage systems (HDPE pipes, underdrains) - Removal of debris, placement of compacted coal refuse lifts - Measures to isolate coal seams, prevent combustion, and manage mine water - Unique Requirements: - Ensures equivalent or greater safety for miners and environmental protection - No procurement of products or services; no OEMs or vendors involved - Not a procurement or contract opportunity; regulatory modification only

Description

This notice summarizes a petition submitted by Kepler Processing Company, LLC to the Mine Safety and Health Administration (MSHA) requesting a modification of the existing safety standard 30 CFR 77.214(a) regarding refuse piles. The petitioner seeks approval to use coarse coal refuse as backfill material for abandoned mine openings at the Kepler Sewell Mine, proposing an alternative method that provides an equivalent or greater level of safety. The petition includes detailed plans for backfilling, drainage, and reclamation to ensure miner safety and environmental protection.

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