17498 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules

regulations, and/or the counterpart

Wyoming program provisions

(Administrative Record No. WY–29–01).

By letter dated January 19, 1995,

Wyoming responded to OSM’s request

(Administrative Record No. WY–29–02).

Wyoming stated that three

underground coal mines were active in

Wyoming after October 24, 1992.

Wyoming indicated that existing State

program provision at Wyoming Statutes

35–11–102 (policy and purpose); 35–

11–406 (permit applications); 35–11–

416 (surface owner protection); and 35–

11–428 (in situ mining permit

applications); and Wyoming Coal Rules

and Regulations at chapter VI, section 2

(general environmental performance

standards); chapter VII, sections 1

through 4 (underground mining permit

applications, environmental protection

performance standards, public notice,

and surface owner protection); and

chapter XVIII, section 3 (in situ mining

permit applications) are adequate State

counterparts to section 720(a) of

SMCRA and the implementing Federal

regulations.

Wyoming explained that it will

enforce these State program provisions

in accordance with the enforcement

provisions that were in effect October

24, 1992. Wyoming has investigated one

citizen complaint alleging subsidencecaused structural damage or water

supply loss or contamination as a result

of underground mining operations

conducted after October 24, 1992. This

complaint concerned subsidence

damage to a reclaimed reservoir. This is

a unique situation in that the alleged

damage occurred within the permit area

of an adjacent surface coal mine. The

two mine operators have mutually

agreed upon corrective measures and

have not requested the State of

Wyoming to intervene.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Alaska,

Montana, North Dakota, and Wyoming

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 Casper 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., m.d.t. on April

21, 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 Alaska, Montana, North Dakota, and

Wyoming 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.

Russell F. Price,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–8467 Filed 4–5–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Parts 904, 918, 936, and 943

Arkansas, Louisiana, Oklahoma, and

Texas Regulatory Programs

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

Arkansas, Louisiana, Oklahoma, and

Texas 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 Arkansas,

Louisiana, Oklahoma, and Texas

regulatory programs (hereinafter

referred to as the ‘‘States programs’’)

currently have adequate counterpart

provisions in place to promptly

implement the recent amendments to

SMCRA and the Federal regulations.

After consultation with Arkansas,

Louisiana, Oklahoma, and Texas and

consideration of public comments, OSM

will decide whether initial enforcement

in Arkansas, Louisiana, Oklahoma, and

Texas 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.d.t. on May 8,

1995. If requested, OSM will hold a

public hearing on May 1, 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 Arkansas,

Louisiana, Oklahoma, and Texas.

Requests to speak at the hearing must be

received by 4 p.m., c.d.t. on April 21,

1995.
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17499

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to James H.

Moncrief, Director, Tulsa Field Office at

the address listed below.

Copies of the applicable parts of the

State programs, SMCRA, the

implementing Federal regulations,

information provided by Arkansas,

Louisiana, Oklahoma, and Texas

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.

James H. Moncrief, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa, OK

74135–6547, Telephone: (918) 581–

5430.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Director, Tulsa Field

Office, Telephone: (918) 581–6430.

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

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
17500 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules

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 Arkansas

By letter to Arkansas dated December

15, 1994, OSM requested information

from Arkansas that would help OSM

decide which approach to take in

Arkansas to implement the

requirements of section 720(a) of

SMCRA, the implementing Federal

regulations, and/or the counterpart

Arkansas program provisions

(Administrative Record No. AR–542).

By letter dated January 30, 1995,

Arkansas responded to OSM’s request

(Administrative Record No. AR–453).

Arkansas stated that one underground

coal mine was active in Arkansas after

October 24, 1992. Arkansas indicated

that its existing State law and its

regulations at Arkansas Surface Coal

Mining and Reclamation Code

(ASCMRC) Sections 779.17, 780.21(e),

783.17, 784.14, 784.20(c) 816.54, and

816.124–U(b) and (c) are adequate State

counterparts to section 720(a) of

SMCRA and the implementing Federal

regulations. Arkansas did not indicate

when the existing State counterpart

provisions went into effect. However,

Arkansas did indicate that it had not

received any 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.

D. Enforcement in Louisiana

By letter to Louisiana dated January

23, 1995, OSM requested information

from Louisiana that would help OSM

decide which approach to take in

Louisiana to implement the

requirements of section 720(a) of

SMCRA, the implementing Federal

regulations, and/or the counterpart

Louisiana program provisions

(Administrative Record No. LA–352). By

letter dated February 7, 1995, Louisiana

responded to OSM’s request

(Administrative Record No. LA–353).

Louisiana stated that no underground

coal mines were operating in Louisiana

after October 24, 1992. Louisiana’s

regulatory program does not allow

underground mining at the present time.

In the event that Louisiana received an

application for underground mining,

Louisiana would have to revise its

program to incorporate counterpart

provisions to section 720(a) of SMCRA

and the implementing Federal

regulations.

E. Enforcement in Oklahoma

By letter to Oklahoma dated January

23, 1995, OSM requested information

from Oklahoma that would help OSM

decide which approach to take in

Oklahoma to implement the

requirements of section 720(a) of

SMCRA, the implementing Federal

regulations, and/or counterpart

Oklahoma program provisions

(Administrative Record No. OK–965).

By letter dated February 8, 1995,

Oklahoma responded to OSM’s request

(Administrative Record No. OK–966).

Oklahoma stated that one

underground coal mine was active after

October 24, 1992, and one underground

mine was constructing surface facilities

as of February 8, 1995.

Oklahoma indicated that the State

regulation at OAC 460:20–45–47(c)

(previously codified as section

817.121(c)) addresses repair or

compensation of subsidence-related

material damage to structures and

replacement of water supplies

contaminated or diminished due to

subsidence.

However, Oklahoma indicated that

this regulation ‘‘is not as clearly

written’’ as the new Federal regulations

and that it includes ‘‘vague statements

* * * regarding structures, facilities,

and any drinking, domestic or

residential water supplies’’ that will be

clarified once the regulation is revised

in accordance with the new Federal

regulations.

Oklahoma did not indicate when the

State counterpart provisions went into

effect. However, Oklahoma stated that it

had investigated one citizen complaint

alleging subsidence-related damage for

underground mining operations

conducted after October 24, 1992, and it

issued a violation notice as a result of

the complaint. OSM has determined

that the citizen complaint did not

involve structural damage or water

supply loss or contamination.

F. Enforcement in Texas

By letter to Texas dated January 23,

1995, OSM requested information from

Texas that would help OSM decide

which approach to take in Texas to

implement the requirements of section

720(a) of SMCRA, the implementing

Federal regulations, and/or the

counterpart Texas program provisions

(Administrative Record No. TX–587). By

letter dated January 26, 1995, Texas

responded to OSM’s request

(Administrative Record No. TX–588).

Texas stated that no underground coal

mines were operating in Texas after

October 24, 1992.

Texas stated that the Texas Surface

Coal Mining and Reclamation Act

currently has no counterpart to section

720 of SMCRA, and its regulations at

section 817.564, regarding repair and

compensation for damages occurring to

buildings and other structures, and at

section 817.521, regarding replacement

of water supplies, have no direct

counterparts to OSM’s proposed

regulations at 30 CFR 817.121(c) and

817.41(k).

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Arkansas,

Louisiana, Oklahoma, and Texas 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
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17501

support of the commenter’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the Tulsa 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.d.t. on April 21,

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 Arkansas, Louisiana, Oklahoma,

and Texas 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.

Russell F. Price,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–8469 Filed 4–5–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Parts 906, 931, and 944

Colorado, New Mexico, and Utah

Regulatory Programs

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Annoucement 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 Colorado,

New Mexico, and Utah 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 of 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 Colorado,

New Mexico, and Utah regulatory

programs (herein after referred to as the

‘‘State programs’’ currently have

adequate counterpart provisions in

place to promptly implement the recent

amendments to SMCRA and the Federal

regulations. After consultation with

Colorado, New Mexico, and Utah and

consideration of public comments, OSM

will decide whether initial enforcement

in each of these States 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., m.d.t. on May 8,

1995. If requested, OSM will hold a

public hearing on May 1, 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 Colorado,

New Mexico, and Utah. Requests to

speak at the hearing must be received by

4:00 p.m., m.d.t. on April 21, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand-delivered to Thomas

E. Ehmett, Acting Director, Albuquerque

Field Office at the address listed below.

Copies of the applicable parts of the

Colorado, New Mexico, and Utah

programs, SMCRA, the implementing

Federal regulations, information

provided by Colorado, New Mexico, and

Utah 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.

Thomas E. Ehmett, Acting Director,

Albuquerque Field Office, Office of

Surface Mining Reclamation and

Enforcement, 505 Marquette NW., Suite

1200, Telephone: (505) 766–1486.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, Acting Director,

Albuquerque Field Office, Telephone:

(505) 766–1486.

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