Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17741

SMCRA and the implementing Federal

regulations (Administrative Record No.

KY–1336. By letter dated January 31,

1995, Kentucky responded to this OSM

request (Administrative Record No. KY–

1337).

Kentucky stated that 410 underground

coal mines were active in Kentucky after

October 24, 1992. Kentucky indicated

that existing State program provisions at

405 Kentucky Administrative

Regulations (KAR) 18:210 section 3 are

adequate State counterparts to section

720(a)(1) of SMCRA and the

implementing Federal regulations.

Section 720(a)(1) of SMCRA requires

prompt repair or compensation to the

owner for subsidence-related material

damage to non-commercial buildings or

occupied dwellings and related

structures. Kentucky explained that it

will enforce this State program

provision in accordance with 405 KAR

18:210 section 3.

Kentucky stated that the Kentucky

program does not fully authorize

enforcement of the new water

replacement requirements of section

720(a)(2) of SMCRA and the

implementing Federal regulations.

Kentucky submitted a program

amendment to OSM dated April 29,

1994, (Administrative Record No. KY–

1279) which will modify language at

Kentucky Revised Statutes (KRS)

350.421. KRS 350.421, as modified, will

require replacement of water loss

caused by underground mining

operations. OSM is currently reviewing

the Kentucky program amendment.

Kentucky has stated that the effective

date of the program amendment, when

approved, will be July 16, 1994.

Kentucky also stated that it does not

have authority to issue enforcement

actions for water loss caused by

underground mining operations

conducted after October 24, 1992, and

before July 16, 1994.

Kentucky has investigated 115 citizen

complaints alleging water supply loss or

contaminations as a result of

underground mining operations

conducted after October 14, 1992, and

before July 16, 1994. Of the 115 citizens

complaints, 30 are pending resolution of

currently outstanding ten-day notices;

29 have been satisfactorily resolved; and

47 will require further investigation.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Kentucky 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 commentor’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the Lexington

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.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 Kentucky 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. 95–8638 Filed 4–6–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

Ohio 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 Ohio

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 Ohio

regulatory program (hereinafter referred

to as the ‘‘Ohio program’’) currently has

adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with

Ohio and consideration of public

comments, OSM will decide whether

initial enforcement in Ohio 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. 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 Ohio.

Requests to speak at the hearing must be
17742 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

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

24, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Robert

H. Mooney, Acting Director, Columbus

Field Office at the address listed below.

Copies of the applicable parts of the

Ohio program SMCRA, the

implementing Federal regulations,

information provided by Ohio

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: Robert H. Mooney,

Acting Director, Columbus Field Office,

Office of Surface Mining Reclamation

and Enforcement, Eastland Professional

Plaza, 4480 Refugee Road, 2nd Floor,

Columbus, Ohio 43232, Telephone:

614–866–0578

FOR FURTHER INFORMATION CONTACT:

Robert H. Mooney, Acting Director,

Columbus Field Office, Telephone: 614–

866–0578

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 damage structures as a result of

subsidence. Section 702(a)(2) requires

prompt replacement of certain

identified water supplies if those

supplies have been adversely affected

by underground coal mining operations.

These provisions require prompt

repair or compensation for damage to

structure, 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 non-commercial 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

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

(b) above, OSM would directly enforce
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17743

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

under ground 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 Ohio

By letter to Ohio dated December 15,

1994, OSM requested information from

Ohio that would help OSM decide

which approach to take in Ohio to

implement the new requirements of

section 720(a) of SMCRA and the

implementing Federal regulations

(Administrative Record No. OH–2073).

By letter dated January 18, 1995, Ohio

responded to his OSM request

(Administrative Record No. OH–2085).

Ohio provided a list of permitted

underground coal mining operations.

There are currently eight underground

coal mines that are producing coal. The

number of coal producing underground

coal mines in Ohio has been less than

fifteen at any given time since October

24, 1992. Ohio indicated that existing

State program provisions at the Ohio

Revised Code section 1513.152 and the

Ohio Administrative Code sections

1501:13–1–02(S); 1501:13–9–04(P); and

1501:13–12–03(C), (D), (E), (F), (H), (I)

are adequate State counterparts to

section 720 of SMCRA and the

implementing Federal regulations. Ohio

explained that it has enforced these

State program provisions requiring

replacement of water supplies impacted

by underground mining operations

since 1977 and enforced State program

provisions requiring repair or

compensation for subsidence related

structural damage since 1988. Ohio has

investigated 26 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, Ohio has made a determination on

six of the complaints that water loss was

not mining related and on six of the

complaints that water loss was mining

related. Fourteen complaints are still

being investigated. Twelve of the 14 are

related to water supplies associated

with one underground coal mining

operation and are not subsidence

related.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Ohio 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 Columbia

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., [Eastern Time

zone] 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 hearing, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Ohio 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. 95–8636 Filed 4–6–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 946

Virginia 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 Virginia

underground coal mine subsidence

control and water replacement

provisions of the Surface Mining