18046 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

for operations conducted after October

24, 1992.

C. Enforcement in Alabama

By letter to Alabama dated December

14, 1994, OSM requested information

from Alabama that would help OSM

decide which approach to take in

Alabama to implement the new

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations (Administrative Record No.

AL–520). By letter dated January 1,

1995, Alabama responded to this OSM

request (Administrative Record No. AL–

521).

Alabama stated that ten underground

coal mines were active in Alabama after

October 24, 1992. Alabama stated that

the Alabama program does not fully

authorize enforcement of the

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations. Alabama’s regulations are

silent on the issue of replacement of

water supplies damaged by subsidence

but do contain a ‘‘to the extent required

by State law’’ limitation on repair of

material damage to structures. Alabama

has not determined whether a change to

the State Act is necessary to implement

regulation change which would be

required under the Energy Policy Act

(EPACT). Further analysis will be

necessary by the State legal staff before

a determination can be made of the need

for statutory revisions.

Alabama has assumed since the

passage of EPACT that the retroactive

enforcement of its provisions by

Alabama would be possible until

regulatory changes can be made due to

the proposal to supersede State program

provisions. Alabama has in fact adopted

the position that since the effective date

of EPACT they have had enforcement

authority of its provisions.

Since October 24, 1992, Alabama has

had only one citizen complaint where

alleged damage to structures from

subsidence has existed. This complaint

covered a church and several houses.

No complaints have been received

alleging damage to water supplies due

to subsidence.

D. Enforcement in Mississippi

By letter to Mississippi dated

December 14 1994, OSM requested

information from Mississippi that

would help OSM decide which

approach to take in Mississippi to

implement the new requirements of

section 720(a) of SMCRA and the

implementing Federal regulations

(Administration Record No. MS–328).

Mississippi has not responded to the

December 14, 1994, letter requesting

information on underground coal mines.

Mississippi has had no surface nor

underground coal mining operations

since October 24, 1992. At the present

time, Mississippi is in the process of

completely revising its approved

regulatory program.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Alabama and

Mississippi to implement the

underground coal mine performance

standards of section 720(a) of SMCRA,

the implementing Federal regulations,

and any counterpart State provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, and include explanations in

support of the commenter’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the Birmingham

Field Office will not necessarily be

considered in OSM’s final decision or

included in the Administrative Record.

B. Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4 p.m., C.S.T. on April 15,

1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

C. Public Meeting

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Alabama and Mississippi should

implement the provisions of section

720(a) of SMCRA, the implementing

Federal regulations, and/or the

counterpart State provisions, may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Dated: April 4, 1995.

David G. Simpson,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8754 Filed 4–7–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 938 and 920

Pennsylvania and Maryland Regulatory

Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of public

comment period and opportunity for

public hearing.

SUMMARY: OSM is requesting public

comment that would be considered in

deciding how to implement in

Pennsylvania and Maryland,

underground coal mine subsidence

control and water replacement

provisions of the Surface Mining

Control and Reclamation Act of 1977

(SMCRA), the implementing Federal

regulations, and/or the counterpart State

provisions. Recent amendments to

SMCRA and the implementing Federal

regulations require that underground

coal mining operations conducted after

October 24, 1992, promptly repair or

compensate for subsidence-caused

material damage to noncommercial

buildings and to occupied dwellings

and related structures. These provisions

also require such operations to promptly

replace drinking, domestic, and

residential water supplies that have

been adversely affected by underground

coal mining.

OSM must decide if the Pennsylvania

and the Maryland regulatory programs

(hereinafter referred to as the

‘‘Pennsylvania Program’’ and the

‘‘Maryland Program’’) currently have

adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18047

Pennsylvania and Maryland and

consideration of public comments, OSM

will decide whether initial enforcement

in Pennsylvania and Maryland will be

accomplished through the State program

amendment process or by State

enforcement, by interim direct OSM

enforcement, or by joint State and OSM

enforcement.

DATES: Written comments must be

received by 4:00 p.m., E.D.T. on May 10,

1995. If requested, OSM will hold a

public hearing on May 5, 1995

concerning how the underground coal

mine subsidence control and water

replacement provisions of SMCRA and

the implementing Federal regulations,

or the counterpart State provisions,

should be implemented in Pennsylvania

and Maryland. Requests to speak at the

hearing must be received by 4:00 p.m.,

E.D.T. on April 25, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Robert J.

Biggi, Director, Harrisburg Field Office

at the address listed below.

Copies of the applicable parts of the

Pennsylvania and Maryland State

programs, SMCRA, the implementing

Federal regulations, information

provided by Pennsylvania and

Maryland concerning their authority to

implement State counterparts to

SMCRA and the implementing Federal

regulations, a listing of any scheduled

public hearings, and all written

comments received in response to this

document will be available for public

review at the address listed below

during normal business hours, Monday

through Friday, excluding holidays.

Robert J. Biggi, Director, Harrisburg

Field Office, Office of Surface Mining

Reclamation and Enforcement,

Harrisburg Transportation Center, Third

Floor, Suite 3C, 4th and Market Streets,

Harrisburg, Pennsylvania 17101,

Telephone: (717) 782–4036.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg

Field Office, Telephone: (717) 782–

4036.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Pub. L. 102–486, 106 Stat. 2776

(1992) added new section 720 to

SMCRA. Section 720(a)(1) requires that

all underground coal mining operations

promptly repair or compensate for

subsidence-caused material damage to

noncommercial buildings and to

occupied residential dwellings and

related structures. Repair of damage

includes rehabilitation, restoration, or

replacement of the structures identified

in section 720(a)(1), and compensation

must be provided to the owner in the

full amount of the reduction in value of

the damaged structures as a result of

subsidence. Section 720(a)(2) requires

prompt replacement of certain

identified water supplies if those

supplies have been adversely affected

by underground coal mining operations.

These provisions requiring prompt

repair or compensation for damage to

structures, and prompt replacement of

water supplies, went into effect upon

passage of the Energy Policy Act on

October 24, 1992. As a result,

underground coal mine permittees in

States with OSM-approved regulatory

programs are required to comply with

these provisions for operations

conducted after October 24, 1992.

B. The Federal Regulations

Implementing the Energy Policy Act

On March 31, 1995, OSM

promulgated regulations at 30 CFR part

817 to implement the performance

standards of sections 720(a) (1) and (2)

of SMCRA (60 FR 16722–16751).

30 CFR 817.121(c)(2) requires in part

that:

The permittee must promptly repair, or

compensate the owner for, material damage

resulting from subsidence caused to any noncommercial building or occupied residential

dwelling or structure related thereto that

existed at the time of mining. * * * The

requirements of this paragraph apply only to

subsidence-related damage caused by

underground mining activities conducted

after October 24, 1992.

30 CFR 817.41(j) requires in part that:

The permittee must promptly replace any

drinking, domestic or residential water

supply that is contaminated, diminished or

interrupted by underground mining activities

conducted after October 24, 1992, if the

affected well or spring was in existence

before the date the regulatory authority

received the permit application for the

activities causing the loss, contamination or

interruption.

30 CFR 843.25 provides that by July

31, 1995, OSM will decide, in

consultation with each State regulatory

authority with an approved program,

how enforcement of the new

requirements will be accomplished. As

discussed below, enforcement may be

accomplished through the 30 CFR Part

732 State program amendment process,

or by State, OSM, or joint State and

OSM enforcement of the requirements.

OSM will decide which of the following

enforcement approaches to pursue.

(1) State program amendment

process. If the State’s promulgation of

regulatory provisions that are

counterpart to 30 CFR 817.41(j) and

817.121(c)(2) is imminent, the number

and extent of underground mines that

have operated in the State since October

24, 1992, is low, the number of

complaints in the State concerning

section 720 of SMCRA is low, or the

State’s investigation of subsidencerelated complaints has been thorough

and complete so as to assure prompt

remedial action, then OSM could decide

not to directly enforce the Federal

provisions in the State. In this situation,

the State would enforce its State

statutory and regulatory provisions once

it has amended its program to be in

accordance with the revised SMCRA

and to be consistent with the revised

Federal regulations. This program

revision process, which is addressed in

the Federal regulations at 30 CFR part

732, is commonly referred to as the

State program amendment process.

(2) State enforcement. If the State has

statutory or regulatory provisions in

place that correspond to all of the

requirements of the above-described

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2) and the State has

authority to implement its statutory and

regulatory provisions for all

underground mining activities

conducted after October 24, 1992, then

the State would enforce its provisions

for these operations.

(3) Interim direct OSM enforcement. If

the State does not have any statutory or

regulatory provisions in place that

correspond to the requirements of the

Federal regulations at 30 CFR 817.41(j)

and 817.121(c)(2), then OSM would

enforce in their entirety 30 CFR

817.41(j) and 817.121(c)(2) for all

underground mining activities

conducted in the State after October 24,

1992.

(4) State and OSM enforcement. If the

State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and the State

has authority to implement its

provisions for all underground mining

activities conducted after October 24,

1992, then the State would enforce its

provisions for these operations. OSM

would then enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are not covered by the State provisions

for these operations.

If the State has statutory or regulatory

provisions in place that correspond to

some but not all of the requirements of

the Federal regulations at 30 CFR

817.41(j) and 817.121(c)(2) and if the

State’s authority to enforce its

provisions applies to operations

conducted on or after some date later
18048 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

than October 24, 1992, the State would

enforce its provisions for these

operations on and after the provisions’

effective date. OSM would then enforce

30 CFR 817.41(j) and 817.121(c)(2) to

the extent the State statutory and

regulatory provisions do not include

corresponding provisions applicable to

all underground mining activities

conducted after October 24, 1992; and

OSM would enforce those provisions of

30 CFR 817.41(j) and 817.121(c)(2) that

are included in the State program but

are not enforceable back to October 24,

1992, for the time period from October

24, 1992, until the effective date of the

State’s rules.

As described in item numbers (3) and

(4) above, OSM would directly enforce

in total or in part its Federal statutory

or regulatory provisions until the State

adopts and OSM approves, under 30

CFR part 732, the State’s counterparts to

the required provisions. However, as

discussed in item number (1) above,

OSM could decide not to initiate direct

Federal enforcement and rely instead on

the 30 CFR part 732 State program

amendment process.

In those situations where OSM

determined that direct Federal

enforcement was necessary, the ten-day

notice provisions of 30 CFR 843.12(a)(2)

would not apply. That is, when on the

basis of a Federal inspection OSM

determined that a violation of 30 CFR

817.41(j) or 817.121(c)(2) existed, OSM

would issue a notice of violation or

cessation order without first sending a

ten-day notice to the State.

Also under direct Federal

enforcement, the provisions of 30 CFR

817.121(c)(4) would apply. This

regulation states that if damage to any

noncommercial building or occupied

residential dwelling or structure related

thereto occurs as a result of earth

movement within an area determined by

projecting a specified angle of draw

from the outermost boundary of any

underground mine workings to the

surface of the land (normally a 30

degree angle of draw), a rebuttable

presumption exists that the permittee

caused the damage.

Lastly, under direct Federal

enforcement, OSM would also enforce

the new definitions at 30 CFR 701.5 of

‘‘drinking, domestic or residential water

supply,’’ ‘‘material damage,’’ ‘‘noncommercial building,’’ ‘‘occupied

dwelling and structures related thereto,’’

and ‘‘replacement of water supply’’ that

were adopted with the new

underground mining performance

standards.

OSM would enforce 30 CFR 817.41(j),

817.121(c) (2) and (4), and 30 CFR 701.5

for operations conducted after October

24, 1992.

C. Enforcement in Pennsylvania

By letter to Pennsylvania dated

December 13, 1994, OSM requested

information from Pennsylvania that

would help OSM decide which

approach to take in Pennsylvania to

implement the new requirements of

section 720(a) of SMCRA and the

implementing Federal regulations

(Administrative Record No. PA 835.00).

By letter dated January 24, 1995,

Pennsylvania responded to this OSM

request (Administrative record No. PA

835.01).

Pennsylvania stated that 120

bituminous underground coal mines are

permitted and that 60 of those are

currently producing coal. In the

anthracite field, there are approximately

115 permitted underground mining

operations of which 50 to 75 operations

are currently producing coal.

Pennsylvania stated that Act 54,

amending the Pennsylvania Bituminous

Mine Subsidence and Land

Conservation Act (BMSLCA) became

effective on August 21, 1994. This

amendment to BMSLCA does address

water supply replacement and

subsidence damage repair or

compensation, but certain provisions do

not mirror the Federal Energy Policy Act

of 1992 portions establishing Section

720 of SMCRA.

Specifically, Pennsylvania stated in

the January 24, 1995, response that

BMSLCA does not include water

replacement and repair or subsidence

damage in the following situations.

Water Supply Replacement

* Cases where water supplies were

impacted between October 24, 1992,

and August 21, 1994.

* Cases where affected water supplies

are located in the anthracite coal fields.

* Cases where landowners entered

voluntary agreements allowing their

supplies to be impacted.

* Cases where impacts occurred more

than three years after completion of coal

extraction.

* Cases where affected water sources

are used to supply agricultural irrigation

systems constructed after August 20,

1994.

* Cases where the property owner

failed to report the water supply

problem within two years of its

occurrence.

* Cases where the mine operator was

denied access to conduct a pre-mining

of post-mining survey of the water

supply and no pre-mining quality and

quantity information is available.

* Cases where a mine operator

purchased the property or compensated

the property owner rather than replace

the supply.

Repair or Compensate for Subsidence

Damage

* Cases where dwellings were

constructed after April 27, 1966, and

damaged prior to August 21, 1994.

* Cases where dwellings constructed

after August 21, 1994, are damaged prior

to the time when coverage commences

under BMSLCA (dwellings which are

built after August 21, 1994, and between

permitting actions are not covered by

repair/compensation requirements until

the next permit renewal).

* Cases where the mine operator was

denied access to conduct a pre-mining

or post-mining survey of the damaged

structure.

* Cases involving noncommercial

buildings where the damaged buildings

were not used by the public, accessible

to the public or used for certain

agriculture purposes.

The Pennsylvania Department of

Environmental Resources (PADER)

states that it has authority to investigate

complaints of structure damage and

water loss caused by underground

mining operations conducted after

October 24, 1994. Limitations, as

discussed above, provide authority to

provide repair or compensation for

subsidence related structural damage

and water supply replacement for

bituminous coal field residents after

August 21, 1994. Pennsylvania does not

have the authority to fully implement

section 720(a), in the anthracite coal

field or for bituminous coal field for

time period October 24, 1992 through

August 21, 1994. Pennsylvania will

require at least one year to make the

necessary statutory changes.

Pennsylvania has investigated 91

citizen complaints alleging subsidencerelated structure damage or water

supply loss or contamination as a result

of underground mining operations

conducted after October 24, 1992. To

date, Pennsylvania has completed

review and made final determination on

87 with 4 pending further study. PADER

has determined that 2 complaints

regarding structural damage were

unrelated to underground mining and

the remaining 19 were the result of

subsidence due to mining conducted

after October 24, 1992. PADER reports

that investigations of 70 water supply

complaints resulted in finding that 60

were unrelated to underground mining

conducted after October 24, 1992 and 6

water supplies were determined to have

been affected by mining. Four water

supply complaints are currently under
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18049

review with no determination as to

impacts from underground mining.

D. Enforcement in Maryland

By letter to Maryland dated December

13, 1994, OSM requested information

from Maryland that would help OSM

decide which approach to take in

Maryland to implement the new

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations (Administrative Record No.

MD 570.0). By letter dated March 29,

1995, Maryland responded to this OSM

request (Administrative Record No. MD

570.1).

Maryland stated that four

underground coal mines were active in

Maryland after October 24, 1992.

Maryland indicated that existing State

program provisions at Maryland Natural

Resources Article 7, Subtitle 5A, § 7–

5A–05.1, § 7–5A–05.2 and COMAR

08.20.13.09B, 08.20.13.09C are adequate

State counterparts to section 720(a) of

SMCRA and the implementing Federal

regulations. Maryland explained that it

will enforce these State program

provisions in accordance with Maryland

Natural Resources Article 7 effective

October 24, 1992. Maryland has

investigated eight citizen complaints

alleging subsidence-caused structural

damage or water supply loss or

contamination as a result of

underground mining operations

conducted after October 24, 1992. To

date, Maryland has made

determinations that the single structural

damage complaint was unrelated to

subsidence and that two water supply

complaints were not impacted by the

mining operations. In the five other

water supply complaints Maryland

determined the water supplies were

impacted by underground mining and

the mining company satisfactorily

replaced these supplies.

II. Public Comment Procedures

OSM is requesting public comment to

assist OHM in making its decision on

which approach to use in Pennsylvania

and Maryland to implement the

underground coal mine performance

standards of section 720(a) of SMCRA,

the implementing Federal regulations,

and any counterpart State provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, and include explanations in

support of the commenter’s

recommendations. Comments received

after the time indicated under ‘‘DATES’’

or at locations other than the Harrisburg

Field Office will not necessarily be

considered in OSM’s final decision or

included in the Administrative Record.

B. Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on April

25, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

C. Public Meeting.

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Pennsylvania and Maryland should

implement the provisions of section

720(a) of SMCRA, the implementing

Federal regulations, and/or the

counterpart State provisions, may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Dated: April 4, 1995.

David G. Simpson,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8753 Filed 4–7–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 247

[RIN 0790–AG16]

Department of Defense Newspapers

and Civilian Enterprise Publications

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Proposed rule.

SUMMARY: This rule revises and provides

DoD policy and updates procedures to

meet changed circumstances for

publishing DoD internal command

information newspapers and civilian

enterprise publications. It has minimal

impact on some civilian printers who

are contracted to print the publications.

DATES: Written comments on this

proposed rule must be received by June

9, 1995.

ADDRESSES: Forward comments to

American Forces Information Service,

Attn: Print Media Policy, 601 N. Fairfax

St., Alexandria, Virginia 22314–2007.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Colonel Frank Theising,

USA, (703) 274–4868.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ‘‘Regulatory

Planning and Review’’

It has been determined that 32 CFR

part 247 is not a significant regulatory

action. The rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy; a sector of the economy;

productivity; competition; jobs; the

environment; public health or safety; or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Public Law 96–354, ‘‘Regulatory

Flexibility Act’’ (5 U.S.C. 601)

It has been certified that this rule is

not subject to the Regulatory Flexibility

Act (5 U.S.C. 601) because it would not,

if promulgated, have a significant

economic impact on a substantial

number of small entities.