[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,

[[Page 40370]]

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