Permanent Regulatory Program; Underground Mining Permit Application Requirements; Underground Mining Performance Standards

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.

-----------------------------------------------------------------------

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