[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Proposed Rules]
[Pages 67967-67970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32707]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[SPATS No. IA-009-FOR]
Iowa Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Iowa
regulatory program (hereinafter the ``Iowa program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed
amendment consists of revisions to the Iowa rules pertaining to repair
or compensation for material damage resulting from subsidence caused by
underground coal mining operations and to replacement of water supplies
adversely impacted by underground coal mining operations. The amendment
is intended to revise the Iowa program to be consistent with the
corresponding Federal regulations and SMCRA.
DATES: Written comments must be received by 4:00 p.m., c.s.t., January
27, 1997. If requested, a public hearing on the proposed amendment will
be held on January 21, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t., on January 10, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Michael C. Wolfrom, Mid-Continent
Regional Coordinating Center, at the address listed below.
Copies of the Iowa program, the propose amendment, 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
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Mid-Continent Regional
Coordinating Center.
Michael C. Wolfrom, Mid-Continent Regional Coordinating Center, Office
of Surface Mining Reclamation and Enforcement, Alton Federal Building,
501 Belle Street, Alton, Illinois, 62002, Telephone: (618) 463-6460.
Iowa Department of Agriculture and Land Stewardship, Division of Soil
Conservation, Henry A. Wallace Building, Des Moines, Iowa, 50319,
Telephone: (515) 281-6147.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Mid-Continent
Regional Coordinating Center, Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
On January 21, 1981, the Secretary of the Interior conditionally
approved the Iowa program, effective April 10, 1981. General background
information on the Iowa program, including the Secretary's findings,
the disposition of comments, and the conditions of approval of the Iowa
program can be found in the January 21, 1981, Federal Register (46 FR
5885). Subsequent actions
[[Page 67968]]
concerning Iowa's program and program amendments can be found at 30 CFR
915.10, 915.15, and 915.16.
II. Description of the Proposed Amendment
By letter dated December 4, 1996 (Administrative Record No. IA-
424), Iowa submitted a proposed amendment to its program pursuant to
SMCRA. Iowa submitted the proposed amendment in response to a May 20,
1996, letter (Administrative Record No. IA-420) that OSM sent to Iowa
in accordance with 30 CFR 732.17(c). The provisions of the Iowa
Administrative Code (IAC) that Iowa proposes to amend are IAC 27-
40.4(10), Definitions; IAC 27-40.38(2), PHC determination; IAC 27-
40.38(3), Subsidence control plan; IAC 27-40.64(8), Hydrologic balance
protection; IAC 27-40.64(6), Subsidence control; and IAC 27-40.64(7),
Repair of damage. The substantive changes proposed by Iowa are
discussed below.
I. IAC 27-40.4(10) Definitions
At IAC 27-40.4(10), Iowa proposes to add at its incorporation of 30
CFR 701.5 definitions for the terms ``Drinking, domestic or residential
water supply''; ``Material damage''; ``Non-commercial building'';
``Occupied residential dwelling and structures related thereto''; and
``Replacement of water supply.''
2. IAC 27-40.38(2) PHC Determination
At IAC 27-40.38(2), Iowa proposes to add at its incorporation of 30
CFR Part 784 the new Federal provision at 30 CFR 784.14(e)(3)(iv),
which was effective May 1, 1995.
The substantive provision at paragraph (e)(3)(iv) requires the PHC
determination to include findings on whether underground mining
activities conducted after October 24, 1992, may result in
contamination, diminution, or interruption of a well or spring in
existence at the time the permit application is submitted and used for
domestic, drinking, or residential purposes within the permit or
adjacent areas.
3. IAC 27-40.38(3) Subsidence Control Plan
At IAC 27-40.38(3), Iowa proposes to delete 30 CFR 784.20 as
incorporated by reference as in effect on July 1, 1992, and replace it
with the revised Federal provisions at 30 CFR 784.20 that were
effective May 1, 1995.
The substantive provisions of 30 CFR 784.20(a) require that each
permit application for an underground mine include a pre-subsidence
survey to identify potentially impacted structures, renewable resource
lands, and protected water supplies within the proposed permit and
adjacent areas. In addition, the revised rules add specific content
requirements for the pre-subsidence survey, including: a detailed map,
at a scale of 1:12,000, or larger scale if required by the regulatory
authority, identifying the location and type of all structures,
renewable resource lands that subsidence may materially damage or
diminish the reasonably foreseeable use, and protected water supplies
that could be adversely impacted; a narrative addressing the potential
impacts of subsidence on these features; and identification of the
premining condition of all protected structures and water supplies.
The substantive provisions of 30 CFR 784.20(b) require that a
permit application for an underground mine include a subsidence control
plan if the survey required by 30 CFR 784.20(a) identifies any
domestic, drinking, or residential water supply that could be
contaminated, diminished, or interrupted by subsidence. The subsidence
control plan must contain the information contained in paragraphs
(b)(1) through (b)(6). Paragraph (b)(2) requires that the plan must
include a map showing the areas where damage minimization measures will
be taken. Paragraph (b)(7) of the revised Federal rules requires that
the subsidence control plan include a description of the methods to be
used to minimize subsidence damage to protected structures when the
proposed mining method involves planned subsidence. The rule allows the
owner of the structure to waive this protection. In cases where there
is no threat to health or safety, the rule also authorizes the waiver
of this requirement if the applicant can demonstrate that the costs of
damage minimization exceed anticipated repair costs. Paragraph (b)(8)
of the revised rules requires that the subsidence control plan include
a description of the measures to be taken to replace any adversely
impacted protected water supply.
Iowa proposed minor changes to the provisions to make them State
specific, including adding some State regulation citation cross-
references and parenthetical notes.
4. IAC 27-40.64(8) Hydrologic Balance Protection
At IAC 27-40.64(8), Iowa proposes to add at its incorporation of 30
CFR Part 817 the new provision at 30 CFR 817.41(j), which was effective
May 1, 1995.
The substantive provision of paragraph (j) requires prompt
replacement of any drinking, domestic, or residential water supply that
is contaminated, diminished, or interrupted by underground mining
activities conducted after October 24, 1992.
5. IAC 27-40.64(6) Subsidence Control
IAC 27-40.64(6), Iowa proposes to delete 30 CFR 817.121(a), as
incorporated by reference as in effect on July 1, 1992, and to add the
actual Federal provision at 30 CFR 817.121(a), which was revised
effective May 1, 1995.
The substantive provisions of paragraph (a) provide that, to the
extent technologically and economically feasible, permittees using
mining methods that involve planned subsidence must conduct their
operations in a manner that minimizes subsidence damage to protected
structures. The rule allows the owner of the structure to provide a
written waiver of this protection. In cases where there is no threat to
health or safety, the rule also authorizes the regulatory authority to
waive this requirement if the applicant can demonstrate that the costs
of damage minimization exceed anticipated repair costs.
6. IAC 27-40.64(7) Repair of Damage
At IAC 27-40.64(7), Iowa proposes to delete 30 CFR 817.121(c) as
incorporated by reference as in effect on July 1, 1992, and to add the
actual Federal provisions at 30 CFR 817.121(c), which were revised
effective May 1, 1995.
The substantive provisions of 30 CFR 817.121(c) (2) and (3) require
the permittee to promptly repair, or compensate the owner for,
subsidence-related material damage to any noncommercial building or
occupied residential dwelling or related structure that existed at the
time of mining, provided the subsidence results from underground mining
activities conducted after October 24, 1992. The rule also provides
that, to the extent required by State law, the permittee must repair or
compensate the owner for subsidence-related material damage to all
other structures and facilities. The substantive provisions at 30 CFR
817.121(c)(4) establish a rebuttable presumption that the permittee is
responsible for any structural damage caused by earth movement within a
specified angle of draw from the outermost boundary of any underground
mine workings to the land surface. Unless otherwise approved in the
permit or the State program based on a geotechnical analysis of the
factors affecting potential surface impacts of underground coal mining
operations,
[[Page 67969]]
the presumption must apply within a 30-degree angle of draw. No
presumption exists if the owner of the structure denied the permittee
access to conduct the presubsidence survey required under 30 CFR
784.20(a). All relevant and reasonably available information must be
considered in determining whether damage was caused by subsidence from
underground mining. The substantive provisions of 30 CFR 817.121(c)(5)
provide that, if subsidence-related material damage occurs to land,
structures, or facilities protected under 30 CFR 817.121(c), the
regulatory authority must require the permittee to post additional
performance bond in the amount of the estimated repair costs or
diminution in value, depending on whether the permittee intends to
repair the damage or compensate the owner. Similarly, if an underground
mining operation contaminates, diminishes, or interrupts any water
supply protected under 30 CFR 817.41(j), the regulatory authority must
require the permittee to post additional bond in the amount of the
estimated cost of replacing the supply. The permittee must post this
bond within 90 days of the date the damage occurred, unless repair,
compensation, or replacement is completed within that timeframe. Under
certain circumstances, the regulatory authority may extend the 90-day
grace period up to a maximum of one year.
Iowa proposed minor modifications to the provisions to make them
State program specific, including adding some State regulation citation
cross-references and parenthetical notations.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Iowa program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Mid-Continent Regional
Coordinating Center will not necessarily be considered in the final
rulemaking or included in the Administrative Record.
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.,
c.s.t. on January 10, 1997. If no one requests an opportunity to speak
at the public hearing, the hearing will not be held.
The location and time of the hearing will be arranged with those
persons requesting the hearing. 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. 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
The public hearing will continue on the specific 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.
Public Meeting
If only one person requests 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 the proposed
amendment 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.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 915
Intergovernmental relations, Surface mining, Underground mining.
[[Page 67970]]
Dated: December 7, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-32707 Filed 12-24-96; 8:45 am]
BILLING CODE 4310-05-M
