[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Proposed Rules]
[Pages 67967-67970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32707]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[SPATS No. IA-009-FOR]


Iowa 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 Iowa 
regulatory program (hereinafter the ``Iowa program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 
amendment consists of revisions to the Iowa rules 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 Iowa program to be consistent with the 
corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4:00 p.m., c.s.t., January 
27, 1997. If requested, a public hearing on the proposed amendment will 
be held on January 21, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t., on January 10, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Michael C. Wolfrom, Mid-Continent 
Regional Coordinating Center, at the address listed below.
    Copies of the Iowa program, the propose 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 Mid-Continent Regional 
Coordinating Center.

Michael C. Wolfrom, Mid-Continent Regional Coordinating Center, Office 
of Surface Mining Reclamation and Enforcement, Alton Federal Building, 
501 Belle Street, Alton, Illinois, 62002, Telephone: (618) 463-6460.
Iowa Department of Agriculture and Land Stewardship, Division of Soil 
Conservation, Henry A. Wallace Building, Des Moines, Iowa, 50319, 
Telephone: (515) 281-6147.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Mid-Continent 
Regional Coordinating Center, Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Iowa program, effective April 10, 1981. General background 
information on the Iowa program, including the Secretary's findings, 
the disposition of comments, and the conditions of approval of the Iowa 
program can be found in the January 21, 1981, Federal Register (46 FR 
5885). Subsequent actions

[[Page 67968]]

concerning Iowa's program and program amendments can be found at 30 CFR 
915.10, 915.15, and 915.16.

II. Description of the Proposed Amendment

    By letter dated December 4, 1996 (Administrative Record No. IA-
424), Iowa submitted a proposed amendment to its program pursuant to 
SMCRA. Iowa submitted the proposed amendment in response to a May 20, 
1996, letter (Administrative Record No. IA-420) that OSM sent to Iowa 
in accordance with 30 CFR 732.17(c). The provisions of the Iowa 
Administrative Code (IAC) that Iowa proposes to amend are IAC 27-
40.4(10), Definitions; IAC 27-40.38(2), PHC determination; IAC 27-
40.38(3), Subsidence control plan; IAC 27-40.64(8), Hydrologic balance 
protection; IAC 27-40.64(6), Subsidence control; and IAC 27-40.64(7), 
Repair of damage. The substantive changes proposed by Iowa are 
discussed below.

I. IAC 27-40.4(10)  Definitions

    At IAC 27-40.4(10), Iowa proposes to add at its incorporation of 30 
CFR 701.5 definitions for the terms ``Drinking, domestic or residential 
water supply''; ``Material damage''; ``Non-commercial building''; 
``Occupied residential dwelling and structures related thereto''; and 
``Replacement of water supply.''

2. IAC 27-40.38(2) PHC Determination

    At IAC 27-40.38(2), Iowa proposes to add at its incorporation of 30 
CFR Part 784 the new Federal provision at 30 CFR 784.14(e)(3)(iv), 
which was effective May 1, 1995.
    The substantive provision at paragraph (e)(3)(iv) requires the PHC 
determination to include findings on whether 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. IAC 27-40.38(3) Subsidence Control Plan

    At IAC 27-40.38(3), Iowa proposes to delete 30 CFR 784.20 as 
incorporated by reference as in effect on July 1, 1992, and replace it 
with the revised Federal provisions at 30 CFR 784.20 that were 
effective May 1, 1995.
    The substantive provisions of 30 CFR 784.20(a) require that each 
permit application for an underground mine include a pre-subsidence 
survey to identify potentially impacted structures, renewable resource 
lands, and protected water supplies within the proposed permit and 
adjacent areas. In addition, the revised rules add specific content 
requirements for the pre-subsidence survey, including: a detailed map, 
at a scale of 1:12,000, or larger scale if required by the regulatory 
authority, identifying the location and type of all structures, 
renewable resource lands that subsidence may materially damage or 
diminish the reasonably foreseeable use, and protected water supplies 
that could be adversely impacted; a narrative addressing the potential 
impacts of subsidence on these features; and identification of the 
premining condition of all protected structures and water supplies.
    The substantive provisions of 30 CFR 784.20(b) require that a 
permit application for an underground mine include a subsidence control 
plan if the survey required by 30 CFR 784.20(a) identifies any 
domestic, drinking, or residential water supply that could be 
contaminated, diminished, or interrupted by subsidence. The subsidence 
control plan must contain the information contained in paragraphs 
(b)(1) through (b)(6). Paragraph (b)(2) requires that the plan must 
include a map showing the areas where damage minimization measures will 
be taken. Paragraph (b)(7) of the revised Federal rules requires that 
the subsidence control plan include a description of the methods to be 
used to minimize subsidence damage to protected structures when the 
proposed mining method involves planned subsidence. The rule allows the 
owner of the structure to waive this protection. In cases where there 
is no threat to health or safety, the rule also authorizes the waiver 
of this requirement if the applicant can demonstrate that the costs of 
damage minimization exceed anticipated repair costs. Paragraph (b)(8) 
of the revised rules requires that the subsidence control plan include 
a description of the measures to be taken to replace any adversely 
impacted protected water supply.
    Iowa proposed minor changes to the provisions to make them State 
specific, including adding some State regulation citation cross-
references and parenthetical notes.

4. IAC 27-40.64(8) Hydrologic Balance Protection

    At IAC 27-40.64(8), Iowa proposes to add at its incorporation of 30 
CFR Part 817 the new provision at 30 CFR 817.41(j), which was effective 
May 1, 1995.
    The substantive provision of paragraph (j) requires prompt 
replacement of any drinking, domestic, or residential water supply that 
is contaminated, diminished, or interrupted by underground mining 
activities conducted after October 24, 1992.

5. IAC 27-40.64(6)  Subsidence Control

    IAC 27-40.64(6), Iowa proposes to delete 30 CFR 817.121(a), as 
incorporated by reference as in effect on July 1, 1992, and to add the 
actual Federal provision at 30 CFR 817.121(a), which was revised 
effective May 1, 1995.
    The substantive provisions of paragraph (a) provide that, to the 
extent technologically and economically feasible, permittees using 
mining methods that involve planned subsidence must conduct their 
operations in a manner that minimizes subsidence damage to protected 
structures. The rule allows the owner of the structure to provide a 
written waiver of this protection. In cases where there is no threat to 
health or safety, the rule also authorizes the regulatory authority to 
waive this requirement if the applicant can demonstrate that the costs 
of damage minimization exceed anticipated repair costs.

6. IAC 27-40.64(7)  Repair of Damage

     At IAC 27-40.64(7), Iowa proposes to delete 30 CFR 817.121(c) as 
incorporated by reference as in effect on July 1, 1992, and to add the 
actual Federal provisions at 30 CFR 817.121(c), which were revised 
effective May 1, 1995.
    The substantive provisions of 30 CFR 817.121(c) (2) and (3) require 
the permittee to promptly repair, or compensate the owner for, 
subsidence-related material damage to any noncommercial building or 
occupied residential dwelling or related structure that existed at the 
time of mining, provided the subsidence results from underground mining 
activities conducted after October 24, 1992. The rule also provides 
that, to the extent required by State law, the permittee must repair or 
compensate the owner for subsidence-related material damage to all 
other structures and facilities. The substantive provisions at 30 CFR 
817.121(c)(4) establish a rebuttable presumption that the permittee is 
responsible for any structural damage caused by earth movement within a 
specified angle of draw from the outermost boundary of any underground 
mine workings to the land surface. Unless otherwise approved in the 
permit or the State program based on a geotechnical analysis of the 
factors affecting potential surface impacts of underground coal mining 
operations,

[[Page 67969]]

the presumption must apply within a 30-degree angle of draw. No 
presumption exists if the owner of the structure denied the permittee 
access to conduct the presubsidence survey required under 30 CFR 
784.20(a). All relevant and reasonably available information must be 
considered in determining whether damage was caused by subsidence from 
underground mining. The substantive provisions of 30 CFR 817.121(c)(5) 
provide that, if subsidence-related material damage occurs to land, 
structures, or facilities protected under 30 CFR 817.121(c), the 
regulatory authority must require the permittee to post additional 
performance bond in the amount of the estimated repair costs or 
diminution in value, depending on whether the permittee intends to 
repair the damage or compensate the owner. Similarly, if an underground 
mining operation contaminates, diminishes, or interrupts any water 
supply protected under 30 CFR 817.41(j), the regulatory authority must 
require the permittee to post additional bond in the amount of the 
estimated cost of replacing the supply. The permittee must post this 
bond within 90 days of the date the damage occurred, unless repair, 
compensation, or replacement is completed within that timeframe. Under 
certain circumstances, the regulatory authority may extend the 90-day 
grace period up to a maximum of one year.
    Iowa proposed minor modifications to the provisions to make them 
State program specific, including adding some State regulation citation 
cross-references and parenthetical notations.

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 Iowa 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 Mid-Continent Regional 
Coordinating Center 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., 
c.s.t. on January 10, 1997. If no one requests an opportunity to speak 
at the public hearing, the hearing will not be held.
    The location and time of the hearing will be arranged with those 
persons requesting the hearing. 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. 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
    The public hearing will continue on the specific 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 915

    Intergovernmental relations, Surface mining, Underground mining.


[[Page 67970]]


    Dated: December 7, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-32707 Filed 12-24-96; 8:45 am]
BILLING CODE 4310-05-M