[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Proposed Rules]
[Pages 7189-7191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3897]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-136-FOR; Amendment No. 95-4]
Indiana 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
Indiana regulatory program (hereinafter the ``Indiana program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to Indiana's regulation
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 coal mining
operations. The amendment is intended to revise the Indiana program to
be consistent with the corresponding Federal regulations.
DATES: Written comment must be received by 4:00 p.m., e.s.t., March 20,
1997. If requested, a public hearing on the proposed amendment will be
held on March 16, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., e.s.t., on March 5, 1997.
ADDRESSES: Written comment and requests to speak at the hearing should
be mailed or hand delivered to Ronald F. Griffin, Acting Director,
Indianapolis Field Office, at the address listed below.
Copies of the Indiana program, the proposed 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 Indianapolis Field Office.
Ronald F. Griffin, Acting Director, Indianapolis Field Office, Office
of Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, 575 North Pennsylvania Street, Room 301, Indianapolis,
Indiana 46204-1521, Telephone: (317) 226-6700.
Indiana Department of Natural Resources, 402 West Washington Street,
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547.
FOR FURTHER INFORMATION CONTACT: Ronald F. Griffin, Acting Director,
Indianapolis Field Office, Telephone: (317) 226-6700.
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
On July 29, 1982, the Secretary of the Interior conditionally
approved the Indiana program. Background information on the Indiana
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the July 26,
1982, Federal Register (47 FR 32107). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
914.10, 914.15, and 914.16.
II. Description of the Proposed Amendment
By letter dated January 14, 1997 (Administrative Record No. IND-
1551), the Indiana Department of Natural Resources (IDNR) submitted to
proposed amendment to its program pursuant to SMCRA. Indiana submitted
the proposed amendment in response to a May 20, 1996, letter
(Administrative Record No. IND-1540) that OSM sent to Indiana in
accordance with 30 CFR 732.17(c). Indiana proposes to amend the
following regulations of the Indiana Administrative Code (IAC)
pertaining to repair or compensation for material damage resulting from
subsidence and to replacement of water supplies.
1. 310 IAC 12-0.5 Definitions
a. Indiana proposes to add a definition at 310 IAC 12-0.5-39.5 for
[[Page 7190]]
the term ``Drinking, domestic or residential water supply.''
b. Indiana proposes to add a definition at 310 IAC 12-0.5-72.1 for
the term ``Material damage.''
c. Indiana proposes to add a definition at 310 IAC 12-0.5-75.5 for
the term ``Non-commercial building.''
d. Indiana proposes to add a definition at 310 IAC 12-0.5-77.5 for
the term ``Occupied residential dwelling and structures related
thereto.''
e. Indiana proposes to add a definition at 310 IAC 12-0.5-107.5 for
the term ``Replacement of water supply.''
2. 310 IAC 12-3-81 Underground Mining Permit Applications; Reclamation
Plan; Protection of Hydrologic Balance
Indiana proposes to amend 310 IAC 12-3-81(c) by redesignating the
introductory paragraph as subsection (c)(1) and by adding new
subsection (c)(2). New subsection (c)(2) requires the PHC determination
to include findings on ``whether the underground mining activities 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.'' Existing subsections (c)(1) through (c)(3) were
redesignated subsections (d)(1) through (d)(3), and existing
subsections (d) and (e) were redesignated subsections (e) and (f),
respectively.
3. 310 IAC 12-3-87.1 Underground Mining Permit Applications;
Reclamation Plan; Subsidence Control Plan
Indiana proposes extensive revisions to this section. The
substantive revisions are discussed below.
a. Subsections (a)(1) through (a)(3) require an application to
include a map, a narrative, and a pre-subsidence survey indicating the
location, type, and condition of structures and renewable resource
lands that subsidence may materially damage or diminish in value and of
drinking, domestic, and residential water supplies that subsidence may
contaminate, diminish, or interrupt. Subsection (a)(3) also requires
the applicant to notify property owners of the effect that denial of
access for purposes of conducting a pre-subsidence survey will have on
their rights, to pay for any technical assessment or engineering
evaluation needed, and to provide copies of the survey and any
technical assessment or engineering evaluation to the property owner
and the director of IDNR.
b. Subsection (b) contains revised requirements for a subsidence
control plan. A new introductory paragraph provides that no further
information need be provided in the application under this section if
the survey conducted under subsection (a) shows that no structures,
drinking, domestic, or residential water supplies, or renewable
resource lands exist or that no material damage or diminution in value
or reasonably foreseeable use of such structures or lands and no
contamination, diminution, or interruption of such water supplies would
occur as a result of mine subsidence. The director of IDNR must agree
with the conclusion of the survey. A subsidence control plan is
required if the survey identifies the existence of structures,
renewable resource lands, or water supplies and if subsidence could
cause material damage to the identified structures and renewable
resource lands diminution in value or foreseeable use, or
contamination, diminution, or interruption of the protected water
supplies.
c. Subsection (b)(7) requires a description of the methods that
will be taken to minimize damage to non-commercial buildings and
occupied residential dwellings and related structures; or a submittal
of the written consent of the owner of the structure or facility that
minimization measures need not be taken; or, unless the anticipated
damage would constitute a threat to health or safety, a demonstration
that the costs of minimizing damage to these structures or facilities
exceed the anticipated cost of repair for areas where planned
subsidence is projected.
d. Subsection (b)(8) requires a description of the measures to be
taken to replace adversely affected protected water supplies or to
mitigate or remedy any subsidence-related material damage to protected
land and structures.
4. 310 IAC 12-5-94 Underground Mining; Hydrologic Balance; Water
Rights and Replacement
Indiana proposes to revise 310 IAC 12-5-94 to require the permittee
to replace any drinking, domestic or residential water supply that is
contaminated, diminished or interrupted by underground mining
activities if the affected well or spring was in existence before the
date the director of IDNR received the permit application. The baseline
hydrologic information and geologic information concerning baseline
hydrologic conditions required in the permit application will be used
to determine the impact of mining activities upon water supply.
5. 310 IAC 12-5-130.1 Underground Mining; Subsidence Control; General
Requirements
Indiana proposes extensive revisions to this section. The
substantive revisions are discussed below.
a. Indiana proposes to revise subsection (a) by redesignating the
existing provisions (1)(A) and (1)(B) and by adding two new provisions.
Subsection (a)(2) provides that if planned subsidence is used, the
permittee must minimize material damage to noncommercial buildings and
occupied residential dwellings and related structures to the extent
technologically and economically feasible. Except this is not required
if he has the written consent of the owners or unless the anticipated
damage would constitute a threat to health or safety, the costs would
exceed the anticipated costs of repair. Subsection (a)(3) provides that
the standard method of room-and-pillar mining is not prohibited.
b. Indiana proposes to revise subsection (c)(2) by deleting the
existing language and adding new language. New subsection (c)(2)
requires the permittee to repair or compensate the owner for
subsidence-related material damage to non-commercial buildings or
occupied residential dwellings that existed at the time of mining. It
also specifies the responsibilities of the permittee under both the
repair and compensation options.
c. Indiana proposes to add new subsection (c)(3) to provide for
repair or compensation for subsidence-related material damage to
structures or facilities not protected by subdivision (2).
d. Indiana proposes to add new subsection (c)(4)(A) to provide that
if damage to non-commercial buildings or occupied residential dwellings
and related structures occurs as a result of earth movement within the
area determined by projecting a specified angle of draw from
underground mine workings to the surface, a rebuttable presumption
exists that the permittee caused the damage. The presumption will
normally apply to a 30-degree angle of draw. The director of IDNR may
apply the presumption to a different angle of draw under specified
circumstances.
e. Indiana proposes to add new subsection (c)(4)(B) to provide that
the permittee or permit applicant may request that the presumption
apply to a different site-specific angle of draw based on a site-
specific geotechnical
[[Page 7191]]
analysis of the potential surface impact of the mining operation that
demonstrates that the proposed angle of draw has a more reasonable
basis than the one established in the Indiana program.
f. Indiana proposes to add new subsection (c)(4)(C) to provide that
no rebuttable presumption will exist if the permittee is denied access
to the land or property for the purpose of conducting a pre-subsidence
survey.
g. Indiana proposes to add new subsection (c)(4)(D) to provide for
a rebuttal of presumption under specified circumstances.
h. Indiana proposes to add new subsection (c)(4)(E) to provide that
all relevant and reasonably available information will be considered in
determining whether damage to protected structures was caused by
subsidence.
i. Indiana proposes to add new subsection (c)(5) to require
additional performance bond if subsidence-related material damage to
protected land, structures, or facilities occurs and if contamination,
diminution, or interruption to water supplies occur. No additional bond
is required if repairs, compensation or replacement is completed within
90 days of the occurrence of damage. Indiana may extend the 90-day time
frame under specified circumstances.
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 Indiana 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 Indianapolis Field Office
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.,
e.s.t., on March 5, 1997. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to speak at the public hearing, the hearing will not be
held. 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.
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.
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 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 6, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-3897 Filed 2-14-97; 8:45 am]
BILLING CODE 4310-05-M
