Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-37

Sec. 20. (a) This section establishes requirements for plugging a well for oil and gas purposes to protect a coal seam identified as a commercially minable coal resource.

(b) Before preparing the notice and plan for well plugging under section 6 of this rule, the owner or operator must determine if a well is located within an area considered a commercially minable coal resource under 312 IAC 29-17-1 and 312 IAC 29-17- 2.

(c) If a well to be plugged is located within an area considered a commercially minable coal resource, the owner or operator must submit a copy of the proposed well plugging plan to the coal owner, lessee, or other person with the right to develop the commercially minable coal resource by underground mining methods. Proof of notification may be demonstrated by one (1) or more of the following:

1. (1) A receipt from certified mail or other courier that provides proof of delivery.
2. (2) A signed and dated written statement from each party entitled to notice that identifies the well to be plugged and acknowledges receipt of a plugging plan.
3. (3) Copies of the plugging plan containing a dated signature from each party entitled to notice, acknowledging receipt of the plan.

(d) A person with a coal interest shall be given at least fifteen (15) days to:

1. (1) review the plan;
2. (2) recommend any suggested revisions to the owner or operator that the person with the coal interest believes are necessary to provide increased protection of the commercially minable coal resource as provided under subsection (e); and
3. (3) determine whether the person with a coal interest will pay for any additional costs which might result from the use of the additional protective measures referenced in subdivision (2).

(e) If a person with a coal interest who intends to seek U.S. Mine Safety and Health Administration approval to conduct underground coal mining operations in close proximity to the affected oil and gas well determines additional coal seam protection measures are needed, the person may request the owner or operator to do either or both of the following:

1. (1) Set the cement plug required under this section beginning at a point deeper than fifty (50) feet below each coal seam.
2. (2) Include commonly used additives that result in expansion of the cement mixture as it cures.

(f) An owner or operator must prepare a well plugging plan that includes the additional coal seam protection measures requested under subsection (e) if:

1. (1) the additional protection measures are consistent with commonly accepted practices for coal seam protection for similar wells plugged in the Illinois basin; and
2. (2) the person with a coal interest agrees to pay for any additional costs that might result from the use of the additional coal seam protection measures.

(g) An owner or operator shall only be responsible for setting the coal seam plug under the requirements of subsection (h) if the person with a coal interest:

1. (1) does not respond within the fifteen (15) day period described in subsection (c); or
2. (2) provides written notification that no special plugging requirements are necessary.

(h) Except as provided under subsections (c) through (f), an owner or operator must set a cement plug beginning from a depth of at least fifty (50) feet below each coal seam considered a commercially minable coal resource and extending to a depth of three (3) feet below ground elevation. If the top of the uppermost commercially minable coal resources is greater than two hundred (200) feet below the base of the lowermost source of underground drinking water, the top of the cement may extend to a depth of one hundred (100) feet above the uppermost commercially minable coal resource.

(i) The requirements of this section do not apply to the plugging of a coal bed methane well if the consent of the coal owner or coal lessee is granted under IC 14-37-4-8.5(d)(2).

(Natural Resources Commission; 312 IAC 29-33-20; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR- 312220328RFA)