17734 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

obligation that was entered into prior to

April 7, 1995.

* * * * *

Michael P. Dolan,

Commissioner of Internal Revenue.

[FR Doc. 95–8523 Filed 4–6 –95; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 913

Illinois 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 Illinois

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 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 Illinois

regulatory program (hereinafter referred

to as the ‘‘Illinois program’’) currently

has adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with

Illinois and consideration of public

comments, OSM will decide whether

initial enforcement in Illinois 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 p.m., C.S.T. on May 8,

1995. If requested, OSM will hold a

public hearing on May 2, 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 Illinois.

Requests to speak at the hearing must be

received by 4 p.m., C.S.T. on April 24,

1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to James F.

Fulton, Director, Springfield Field

Office at the address listed below.

Copies of the applicable parts of the

Illinois program, SMCRA, the

implementing Federal regulations,

information provided by Illinois

concerning its 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: James F. Fulton,

Director, Springfield Field Office, Office

of Surface Mining Reclamation and

Enforcement, 511 West Capitol, Suite

202, Springfield, Illinois 62704,

Telephone: (217) 492–4495.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Director, Springfield

Field Office, Telephone: (217) 492–

4495.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Energy Policy Act

Section 2504 of the Energy Policy Act

of 1992, Public Law 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 Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17735

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 States 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

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 Illinois

By letter to Illinois dated December

14, 1994, OSM requested information

from Illinois that would help OSM

decide which approach to take in

Illinois to implement the new

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations (Administrative Record No.

IL–1530). By letter dated February 7,

1995, Illinois responded to this OSM

request (Administrative Record No. IL–

1531).

Illinois stated that 25 underground

coal mines were active in Illinois after

October 24, 1992. Illinois stated that the

Illinois program does not fully authorize

enforcement of the new structural repair

and water replacement requirements of

section 720(a) of SMCRA and the

implementing Federal regulations.

Specifically, Illinois indicated that the

State program excludes water supplies,

and Illinois believes no authority exists

to retroactively apply a state regulation.

Illinois has no formal regulation or

policy on water replacement due to

diminution or contamination from mine

subsidence. Illinois also stated that it

does not have authority to investigate

citizen complaints of water loss caused

by underground mining operations

conducted after October 24, 1992.

Nevertheless, in the few instances

where water loss was part of a citizen

complaint, Illinois has investigated and

worked with the citizen and company to

address allegations of water loss or

contamination if attributed to mine

subsidence. Illinois has investigated two

citizen complaints alleging subsidencerelated water supply loss or

contamination as a result of

underground mining operations

conducted after October 24, 1992: (1)

Complaint No. 1 alleged that a spring

fed stream went dry, and the stream

served the land owner by watering

cattle. The mining may or may not have

occurred after October 24, 1992. The

spring fed stream crosses both pre- and

post- October 24, 1992, mining panels.

The coal company immediately

provided a trough and trucked water for

continued cattle watering. The coal

company has since installed a waterline

to a cattle watering device to maintain

the water supply. (2) Complaint No. 2

alleged well water developed odor and

different taste as a result of mining

adjacent to but not under the well.

Illinois sampled the water and found no

quality problems that could be

attributable to mining. This land owner

is also connected to a public water

supply in addition to the private well.

On February 3, 1995, Illinois

proposed water replacement

regulations.

Proposed 62 Ill. Adm. Code

1817.121(c)(3) requires the operator to:

Promptly replace any drinking, domestic,

or residential water supply from a well or

spring in existence prior to the application

for a surface coal mining and reclamation

operations permit, which has been affected

by contamination, dimuntion, or interruption

resulting from underground coal mining

operations.

Once passed and a date is established,

the application form will be revised

appropriately. Illinois’ current

rulemaking package should be finalized

in a year or less. In addition to proposed
17736 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

62 Ill. Adm. Code 1817.121(c)(3), an

inventory of all drinking, domestic and

residential water supplies in place at the

time of permitting will be necessary to

fully implement section 720(a)(2) of

SMCRA. Based on this information,

Illinois may require pre- and postmining monitoring of certain planned

subsidence operations. This will be

determined on a case by case basis.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Illinois 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 Springfield

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 24,

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 Illinois 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: March 31, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8639 Filed 4–6–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 914

Indiana 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 Indiana

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 Indiana

regulatory program (hereinafter referred

to as the ‘‘Indiana program’’) currently

has adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with

Indiana and consideration of public

comments, OSM will decide whether

initial enforcement in Indiana 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.S.T. on May 8,

1995. If requested, OSM will hold a

public hearing on 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 Indiana. Requests to

speak at the hearing must be received by

4:00 p.m., E.S.T. on April 24, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Roger W.

Calhoun, Director, Indianapolis Field

Office at the address listed below.

Copies of the applicable parts of the

Indiana program, SMCRA, the

implementing Federal regulations,

information provided by Indiana

concerning its 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: Roger W. Calhoun,

Director, Indianapolis Field Office,

Office of Surface Mining Reclamation

and Enforcement, Minton-Capehart

Federal Building, Room 301,

Indianapolis, Indiana 46204, Telephone:

(317) 226–6166.

FOR FURTHER INFORMATION CONTACT:

Roger W. Calhoun, Director,

Indianapolis Field Office, Telephone:

(317) 226–6166.

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