Mining Firm Petitions for Alternative Safety Protocols
Published Date: 4/3/2026
Notice
Summary
Kepler Processing Company wants to change some safety rules at their mine to use a different method that keeps workers just as safe. This petition could affect miners at Kepler’s site and might change how safety checks are done, but won’t cut corners on protection. Everyone has until May 4, 2026, to share their thoughts, and no extra costs are expected from this change.
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Kepler seeks alternate backfill for portals
Kepler Processing Company asked MSHA to allow backfilling five abandoned mine openings at the Kepler Sewell portal area with coarse coal refuse as an alternative to 30 CFR 77.214(a). The petition proposes specific controls — including 25-foot soil/rock backstow, a 6-inch SDR 17 HDPE pipe, an underdrain, a 4-foot soil/rock barrier, and 2-foot maximum compacted lifts — and says the method will provide equal or greater protection for miners.
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