[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18118]
[[Page Unknown]]
[Federal Register: July 26, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 701, 784 and 817
RIN 1029-AB69
Permanent Regulatory Program; Underground Mining Permit
Application Requirements; Underground Mining Performance Standards
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Reopening of public comment period on proposed rule.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
of the U.S. Department of the Interior (DOI) is reopening the public
comment period on the proposed rule published in the September 24,
1993, Federal Register (57 FR 50174) to provide for review and comment
on additional information which has been added to the Administrative
Record. Public comments are also being sought on limited aspects of
water replacement requirements. The proposed rule would amend the
regulations applicable to underground coal mining and the control of
subsidence-caused damage to lands and structures through the adoption
of a number of permitting requirements and performance standards.
DATES: Written Comments: OSM will accept written comments only on
specific items and issues related to the proposed rule that are further
described under SUPPLEMENTARY INFORMATION. OSM will accept written
comments until 5 p.m. Eastern time on August 25, 1994.
ADDRESSES: Written Comments: Hand deliver to the Office of Surface
Mining Reclamation and Enforcement, Administrative Record, Room 660,
800 North Capitol St. NW., Washington, DC; or mail to the Office of
Surface Mining Reclamation and Enforcement, Administrative Record, Room
660 NC, 1951 Constitution Avenue, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Nancy R. Brokerick, Branch of Federal
and Indian Programs, Office of Surface Mining Reclamation and
Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue,
NW., Washington, DC 20240; telephone (202) 208-2564.
SUPPLEMENTARY INFORMATION: On September 24, 1993 (58 FR 50174), OSM
published a proposed rule which would require all underground coal
mining operations conducted after October 24, 1992, to promptly repair
or compensate for material damage to non-commercial buildings and
occupied residential dwellings and related structures as a result of
subsidence due to underground coal mining operations; rehabilitate,
restore, or replace identified structures and compensate owners in the
full amount of the diminution in value resulting from the subsidence;
replace water supplies which have been adversely affected by
underground coal mining operations; perform a pre-subsidence survey and
repair or compensate for subsidence-related damage caused by
underground mining activities to structures or facilities; and provide,
when necessary, an additional performance bond to cover subsidence-
related material damage. The proposed rule provides for broader
protection of structures by removing the provision that imposes a State
law limitation on an underground coal mine operator's liability for
damage to structures. Performance standards required by the Energy
Policy Act of 1992 would be enforceable nationwide immediately upon the
effective date of the final rule.
OSM held public hearings on the proposed subsidence rule in
Harrisburg, Pennsylvania, November 8, 1993; Columbus, Ohio, November 9,
1993; Whitesburg, Kentucky, November 16, 1993; Salt Lake City, Utah,
November 17, 1993; Washington, DC, November 19, 1993; and Washington,
Pennsylvania, November 22, 1993.
The comment period for the proposed rule closed on January 24, 1994
(as extended on November 22, 1993, 58 FR 61638). Subsequently, in the
course of analyzing the comments received on the proposed rule OSM
discussed subsidence-related issues with coal operators and citizens
during an on-site tour of coal fields. OSM is reopening the comment
period to allow interested persons time to review additional material
which consists of meeting notes from these discussions and handouts and
a video tape received during the field tour. This information has been
added to the Administrative Record and can be reviewed at the address
noted above. This information will also be available for review at the
following OSM offices: Eastern Support Center, 10 Parkway Center,
Pittsburgh, PA; Western Support Center, 1999 Broadway, Suite 3320,
Denver, CO; Harrisburg Transportation Center, Fourth and Market
Streets, Suite 3C, Harrisburg, PA; Eastland Professional Plaza, 4480
Refugee Road, Suite 201, Columbus, OH; 603 Morris Street, Charleston,
WV; 530 Gay Street, Suite 500, Knoxville, TN; and 2675 Regency Road,
Lexington, KY.
In addition, as a result of comments received during the initial
comment period on the proposed rule and requests by States and OSM
field offices to clarify the requirement for replacement of water
supplies, OSM is considering an alternative provision. The alternative
would further define what sections 717(b) and 720(a)(2) of SMCRA mean
when they provide that an operator must replace certain types of water
supplies. OSM is considering adding a provision in the final rulemaking
that, when the owner confirms in writing that the owner does not desire
replacement of the delivery system, and no such system is needed for
either the existing or approved postmining land uses, the operator may
provide replacement of the water supply by demonstrating that an
equivalent water source exists that can be developed if desired by
future owners.
OSM is requesting comment on this procedure, by which an owner of
interest could forgo replacement of the water delivery system if the
system is not essential to maintenance of the existing land use of
attainment of the postmining land use. The operator would still be
required to demonstrate the presence and availability of a water source
equivalent to premining quantity and quality, so that the current owner
of interest or his or her successor could utilize the water if desired
in the future. Thus, the owner would have the option of forgoing
installation of a delivery system, in those circumstances in which the
system would be neither wanted or needed, and would not be used if
installed.
Comments will now be accepted until 5 p.m. local time on August 25,
1994.
Dated: July 20, 1994.
Robert J. Uram,
Director, Office of Surface Mining, Reclamation and Enforcement.
[FR Doc. 94-18118 Filed 7-25-94; 8:45 am]
BILLING CODE 4310-05-M
