[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Proposed Rules]
[Pages 40369-40371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19610]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 936
[SPATS No. OK-019-FOR]
Oklahoma Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Oklahoma regulatory program (hereinafter, the ``Oklahoma program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of additions and revisions to
Oklahoma's regulations 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 Oklahoma program to be consistent with the
corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., c.d.t.,
September 3, 1996. If requested, a public hearing on the proposed
amendment will be held on August 27, 1996. Requests to present oral
testimony at the hearing must be received by 4:00 p.m., c.d.t. on
August 19, 1996.
ADDRESSES: Written comments should be mailed or hand delivered to Jack
R. Carson, Acting Director, Tulsa Field Office at the address listed
below.
Copies of the Oklahoma program, the proposed amendment, 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 on free copy of the proposed amendment by
contacting OSM's Tulsa Field Office.
Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (404) 521-3859.
FOR FURTHER INFORMATION CONTACT:
Jack R. Carson, Telephone (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. General background information on the
Oklahoma program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Oklahoma program can
be found in the January 19, 1981, Federal Register (46 FR 4902).
Subsequent actions concerning Oklahoma's program and program amendments
can be found at 30 CFR 936.15 and 936.16.
II. Proposed Amendment
By letter dated July 17, 1996, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (Administrative Record No.
OK-975). Oklahoma submitted the proposed amendment in response to a May
20, 1996, letter that OSM sent to Oklahoma in accordance with 30 CFR
732.17(c). Oklahoma proposed to revise the Oklahoma Coal Rules and
Regulations at Oklahoma Administrative Code (OAC) 460:20-3-5,
definitions; OAC 460:20-31-7, hydrologic information; OAC 460:20-31-13,
subsidence control plan; OAC 460:20-45-8, hydrologic-balance
protection; and OAC 460:20-45-47, subsidence control. Specifically,
Oklahoma proposes the following additions and revisions to its
regulations.
1. OAC 460:20-3-5 Definitions
Oklahoma proposes to add definitions for the terms ``drinking,
domestic or residential water supply''; ``material damage''; ``non-
commercial building''; and ``replacement of water supply.''
2. OAC 460:20-31-7 Hydrologic Information
Oklahoma proposes to add a new provision at OAC 460:20-31-
7(e)(3)(D) that requires the PHC determination to include findings on
``whether the 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. OAC 460:20-31-13 Subsidence Control Plan
Oklahoma proposes to remove the existing introductory paragraph and
to replace it with new subsections (a) and (b). Paragraphs (a) (1)
through (3) contain requirements for 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 (b) contains revised requirements for a subsidence
control plan. A new introductory paragraph provides that no further
information need be provided in the application if the survey conducted
under paragraph (a) shows that no structures; drinking,
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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 Department 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; if subsidence could cause material damage or
diminution in value or foreseeable use, or contamination, diminution,
or interruption of protected water supplies; or if the Department
determines that such damage or diminution could occur.
The language in existing paragraph (7) was removed and new language
was added to require operators conducting operations that result in
planned and controlled subsidence to describe the subsidence control
measures they will use to minimize subsidence and subsidence-related
material damage to non-commercial buildings and occupied residential
dwellings and related structures; or to submit the written consent of
the owner of the structure or facility that minimization measures need
not be taken; or to demonstrate that the costs of minimizing damage to
these structures exceed the anticipated cost of repair and are not
needed to prevent a threat to health or safety.
Existing paragraph (8) was redesignated paragraph (b)(9) and new
paragraph (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. OAC 460:20-45-8 Hydrologic-balance protection
Oklahoma proposes to add new subsection (j) that requires the
permittee to replace any drinking, domestic or residential water supply
that is contaminated, diminished or interrupted by underground mining
activities conducted after October 24, 1992.
5. OAC 460:20-45-47 Subsidence Control
Oklahoma proposes to revise subsection (a) by adding the title
``Operator measures to prevent or minimize damage''; by numbering the
existing provision (1); and by adding two new provisions. Paragraph
(a)(2) provides that if planned subsidence is used, the operator must
minimize material damage to the extent technologically and economically
feasible unless he has the written consent of the owners or the costs
would exceed the anticipated costs of repair. Paragraph (a)(3) provides
that the standard method of room-and-pillar mining is not prohibited.
Oklahoma proposes to revise subsection (b) by adding the title
``Operator compliance.''
Oklahoma proposes to revise subsection (c) by adding the title
``Repair of damage to surface lands''; by deleting the existing
language and adding new language in paragraph (2); and by adding new
paragraphs (3), (4), and (5). New paragraph (c)(2) requires the
operator 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.
New paragraph (c)(3) provides for repair or compensation for
subsidence-related material damage to structures or facilities not
protected by paragraph (c)(2).
New paragraph (c)(4)(A) provides 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. New paragraph (c)(4)(B) provides that the operator may request
that the presumption apply to a different site-specific angle of draw
based on a site-specific geotechnical 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 Oklahoma program. New paragraph (c)(4)(C) provides that no
rebuttable presumption will exist if the operator is denied access to
the land or property for the purpose of conducting a pre-subsidence
survey. New paragraph (c)(4)(D) provides for a rebuttal of presumption
under specified circumstances. New paragraph (c)(4)(E) provides that
all relevant and reasonably available information will be considered in
determining whether damage to protected structures was caused by
subsidence. New paragraph (c)(5) provides for an adjustment of bond
amount for subsidence-related material damage to protected land,
structures, or facilities and for contamination, diminution, or
interruption to a water supply. No additional bond is required if
repairs, compensation or replacement is completed within 90 days of the
occurrence of damage. Oklahoma may extend the 90-day time frame, not to
exceed one year, 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 Oklahoma program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
cementer'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 the final rulemaking or included in the
administrative record.
Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t. on August 19, 1996. The location and time of the hearing will be
arranged with those persons requesting the hearing. 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. 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 testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to
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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 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 the Federal regulations at 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 of 1969 (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 that 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 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 25, 1996.
Deborah Watford,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-19610 Filed 8-1-96; 8:45 am]
BILLING CODE 4310-05-M
