[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Pages 57567-57571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27845]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 924
[SPATS No. MS-015-FOR]
Mississippi Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving an amendment to the Mississippi regulatory program
(Mississippi program) under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). Mississippi proposed revisions to regulations
concerning formal hearings; bond release; hydrologic balance; cessation
orders; formal review of citations; definitions; areas where mining is
prohibited or limited; performance bonds; pre-blasting surveys;
permitting; inspections; coal exploration; qualified laboratories;
disposal of excess spoil; coal mine waste impounding structures;
backfilling and grading; roads; and coal preparation plant performance
standards. The State also proposed to correct typographical errors and
make other non-substantive revisions. Mississippi intends to revise its
program to be consistent with the corresponding Federal regulations.
EFFECTIVE DATE: October 26, 1999.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office, Office of Surface Mining,
[[Page 57568]]
135 Gemini Circle, Suite 215, Homewood, Alabama 35209. Telephone: (205)
290-7282. Internet: aabbs@balgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Mississippi Program
On September 4, 1980, the Secretary of the Interior approved the
Mississippi program. You can find background information on the
Mississippi program, including the Secretary's findings and the
disposition of comments, in the September 4, 1980, Federal Register (45
FR 58520). You can find later actions on the program at 30 CFR 924.10,
924.15, 924.16, and 924.17.
II. Submission of the Proposed Amendment
By letter dated July 1, 1999 (Administrative Record No. MS-0373),
Mississippi sent us an amendment to its program under SMCRA.
Mississippi sent the amendment in response to required program
amendments at 30 CFR 924.16(f)-(h), (j), (k), (m), and (n). The
amendment also included changes made at Mississippi's own initiative.
Mississippi proposed to amend the Mississippi Surface Coal Mining
Regulations.
We announced receipt of the amendment in the July 26, 1999, Federal
Register (64 FR 40326). In the same document, we opened the public
comment period and provided an opportunity for a public hearing or
meeting on the adequacy of the proposed amendment. The public comment
period closed on August 25, 1999. Because no one requested a public
hearing or meeting, we did not hold one.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings concerning the amendment. Any revisions
that we do not discuss below concern minor wording changes, or revised
cross-references and paragraph notations to reflect organizational
changes resulting from this amendment.
A. Non-Substantive Revisions and Correction of Typographical Errors
1. Mississippi assigned an incorrect section number (Section 5343.)
to its regulatory provisions for ``Use of Explosives: Pre-blasting
Survey.'' Mississippi proposed to change this incorrect section number
to Section 5349.
2. Mississippi proposed to correct typographical errors and to make
other non-substantive revisions in the following sections: Section 105.
Definitions; Section 407. Contents of Application for Exemption;
Section 413. Conditions of Exemption and Right of Inspection and Entry;
Section 1105. Areas Where Mining is Prohibited or Limited; Section
2103. Permit Requirements for Exploration Removing More Than 250 Tons
of Coal, or Occurring on Lands Designated as Unsuitable for Surface
Coal Mining Operations; Section 2105. Coal Exploration Compliance
Duties; Section 2313. Permit Term Information; Section 3113. Review of
Permit Applications; Section 3121. Permit Terms; Section 3509. Permit
Renewals: Completed Applications; Section 3713. Qualified Laboratories;
Section 5359. Disposal of Excess Spoil: General Requirements; Section
5377. Coal mine waste: Impounding structures; Section 5391. Backfilling
and Grading: General Grading Requirements; Section 5393. Backfilling
and grading: Thin Overburden; Section 53111. Roads: General; Section
5703. Steep Slopes: Backfilling and grading: Steep slopes; and Section
5903. Coal Preparation Plants: Performance Standards.
Correction of these typographical errors and other non-substantive
revisions clarify the existing regulations. These revisions are no less
effective than the Federal regulations and will not negatively impact
the effectiveness of the Mississippi regulations.
B. Revisions to Mississippi's Regulations that are Required at 30 CFR
924.16
1. Section 3301. Formal Hearing
In accordance with the Federal regulations at 30 CFR 775.11(b)(2)
and 43 CFR 4.1367, we required the State to add provisions at section
3301(b) that pertain to temporary relief concerning permit decisions.
Mississippi revised paragraph (b) to read as follows:
Any party may file a petition for temporary relief from the
Permit Board's action in conjunction with the filing of the request
for a formal hearing or at any time before a final decision is
issued by the Permit Board after a formal hearing.
We find that the provision at section 3301(b) is consistent with
and no less effective than the counterpart Federal regulations at 30
CFR 775.11(b)(2) and 43 CFR 4.1367. Therefore, we are approving this
revision and removing the required program amendment at 30 CFR
924.16(f).
2. Section 4501. Procedures for Seeking Release of Performance Bond
Mississippi proposed to revise paragraph (c) to clarify that
Federal, State, and local governmental agencies which have special
expertise with respect to any environmental, social, or economic impact
involved in the coal mining operation are allowed to file written
objections to the proposed bond release and to request public hearings.
We find that the provision at section 4501(c) is consistent with and no
less effective than the counterpart Federal regulation at 30 CFR
800.40(f) and no less stringent than section 519(f) of SMCRA.
Therefore, we are approving this revision and removing the required
program amendment at 30 CFR 924.16(g).
3. Section 5333. Hydrologic Balance: Surface- and Ground-Water
Monitoring
Mississippi proposed to revise paragraph (b)(3)(A) to require the
operator to demonstrate that the coal mining operation has minimized
disturbance to the hydrologic balance in the permit and adjacent areas.
We find that the provision at section 5333 is substantively identical
to and is no less effective than the counterpart Federal regulation at
30 CFR 816.41(e)(3)(i). Therefore, we are approving this revision and
removing the required program amendment at 30 CFR 924.16(h).
4. Section 6501. Cessation Orders
Mississippi proposed to revise paragraph (c)(4) to replace a
reference to Sec. 53-9-69 with a reference to Sec. 6509. We find that
the provision at section 6501(c)(4) is substantively the same as and no
less effective than the counterpart Federal regulation at 30 CFR
843.11(c)(4). Therefore, we are approving this revision and removing
the required program amendment at 30 CFR 924.16(j).
5. Section 6511. Formal Review of Citations
a. At paragraph (a), Mississippi proposed to add a requirement that
the Commission notify parties in writing of the time and place of the
hearing at least five working days before the hearing date. We find
that the provision at section 6511(a) is consistent with and no less
stringent than section 525(a)(2) of SMCRA and no less effective than
the Federal regulation at 43 CFR 4.1167. Therefore, we are approving
this revision and removing the required program amendment at 30 CFR
924.16(k). Mississippi also proposed to revise paragraph (a) to require
interested parties to request formal reviews within
[[Page 57569]]
30 days of the date of the Commission, the Executive Director, or the
Executive Director's authorized representative took the action that is
being contested during the formal review. We are approving this
revision because it is consistent with and no less stringent than
section 525(a)(1) of SMCRA.
b. Mississippi proposed to revise paragraph (1)(1) by changing the
reference room Sec. 6511(e) to Sec. 6511(a). We find that the provision
at section 6511(1)(1) is substantively identical to and no less
effective than the counterpart Federal regulation at 43 CFR
4.1186(a)(1). Therefore, we are approving this revision and removing
the required program amendment at 30 CFR 924.16(m).
c. Mississippi proposed to revise paragraph (n)(9) to read as
follows:
(9) Any party desiring to appeal a decision of the Commission
granting or denying an application for expedited review may appeal
to and seek relief from the appropriate chancery court pursuant to
Sec. 53-9-77.
We find that the provision at section 6511(n)(9) is consistent with and
no less effective than the counterpart Federal regulation at 43 CFR
4.1187(f). Therefore, we are approving this revision and removing the
required program amendment at 30 CFR 924.16(n).
C. Revisions to Mississippi's Regulations That the State Made at Its
Own Initiative
1. Section 105. Definitions
Mississippi proposed to revise the definition for performance bond
to read as follows:
Performance Bond--a surety bond, collateral bond, letter or
letters of credit, or self-bond, or a combination thereof, by which
a permittee assures faithful performance of all the requirements of
the act, these regulations, this program and the requirements of the
permit and reclamation plan.
In the above definition for performance bond, Mississippi added
``letter or letters of credit.'' We are approving this revision because
a letter or letters of credit is a form of collateral bond in
accordance with the Federal regulations at 30 CFR 800.21(b). Therefore,
Mississippi's definition of performance bond is no less effective than
the Federal definition of performance bond at 30 CFR 701.5.
2. Section 1105. Areas Where Mining Is Prohibited or Limited
Mississippi proposed to revise paragraph (c) to read as follows:
(c) on any lands which will adversely affect any publicly owned
park or any place included on the National Register of Historic
Places, unless approved jointly by the Permit Board and the federal,
state or local agency with jurisdiction over the park or place;
Mississippi is clarifying that the Mississippi Environmental Quality
Permit Board (Permit Board) and not the Mississippi Commission on
Environmental Quality (Commission) is the State entity which must along
with certain other government agencies jointly approve surface coal
mining operations on any lands which will adversely affect any publicly
owned park or any place included on the National Registry of Historic
Places. Therefore, we are approving this revision because it is
substantively the same as the counterpart Federal regulation at 30 CFR
761.11(c).
3. Section 3119. Permit Approval and Denial Actions
Mississippi proposed to add new paragraph (b)(2) to read as
follows:
(2) Notwithstanding any of the foregoing provisions of this
Section, no time limit under the act or this Section requiring the
Permit Board to act shall be considered expired from the time the
Permit Board requests further information under Sec. 3113(d) until
the final decision of the Permit Board.
Mississippi's proposed new regulation pertains to decisions regarding
permit issuance. Mississippi proposed that time limits imposed by its
Act or this section of its regulations will not expire during a certain
time period if the Permit Board requests, from permit applicants,
information on current violations by those permit applicants. The time
period runs from the time the Permit Board requests the information
until the time the Permit Board makes its final decision on the permit.
If a current violation exists, section 3113(d) of the Mississippi
regulations mandates that the Permit Board require the applicant or the
person who owns or controls the applicant to submit certain information
to the Permit Board before it can issue a permit. This requirement is
substantively identical to the Federal regulations at 30 CFR
773.15(b)(1) (i)-(ii). Also, section 3113(b) states that the Permit
Board shall not issue a permit if any surface coal mining and
reclamation operation owned or controlled by the applicant or any
person who owns or controls the applicant is currently in violation of
the State Act, Federal Act, any corresponding State or Federal
regulations, a State program, or any Federal or State law, rule, or
regulation pertaining to air or water environmental protection. This
regulation is substantively the same as the counterpart Federal
regulation at 30 CFR 773.15(b)(1).
Although, we do not have a counterpart Federal regulation or
statute to Mississippi's proposed new regulation and in light of the
provisions in the State regulations at sections 3113 (b) and (d) and
the Federal regulations at CFR 773.15 (b) and (b)(1) (i)-(ii), it makes
sense that any corresponding time frames imposed during the permit
approval process must be adjusted accordingly. The adjustments are
necessary because of the time that will be required for the State to
make the request to applicants for information on current violations
and because of the time that will be required for the applicant to
receive the request and to respond to it. Therefore, we are approving
the addition of this new proposed regulation because it is not
inconsistent with the Federal regulations at 30 CFR 773.15 (b) and
(b)(1) (i)-(ii).
4. Section 4310. Form of the Performance Bond
Mississippi proposed to add the language ``a letter or letters of
credit'' to the list of acceptable forms of performance bond at new
paragraph (4). Mississippi also redesignated old paragraph (4) as new
paragraph (5). We are approving the revision because a letter or
letters of credit is a form of collateral bond in accordance with the
Federal regulations at 30 CFR 800.21(b).
5. Section 4303. Terms and Conditions of the Bond
Paragraph (g) of this section pertains to letters of credit.
Mississippi proposed to revise paragraph (g)(6) by replacing the term
``indemnity agreement'' with the term ``letter of credit.'' We are
approving this revision because Mississippi is merely identifying the
form of indemnity agreement which, in this particular regulation, is a
letter of credit.
6. Section 4701. General
Mississippi proposed to revise paragraph (a) to read as follows:
(a) Except as in compliance with Sec. 4701(b), the Commission
shall proceed to cause the forfeiture of all or part of a bond or
other collateral accepted pursuant to Chapter 43 for any permit
where required or authorized by Sec. 4705.
Mississippi is clarifying that it can proceed to forfeit in whole or in
part, not just bonds, but other collateral accepted according to
Chapter 43. Form, Condition and Terms of Performance Bonds and
Liability Insurance. Mississippi is also clarifying that the forfeiture
will occur unless it decides to
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withhold forfeiture according to section 4701(b). We are approving this
revision because it is consistent with and no less effective than the
Federal regulations at 30 CFR 800.50 (a), (a)(1) and (2).
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Mississippi program (Administrative Record No. MS-
0376). We received comments from two agencies.
Comment 1: In a letter dated July 30, 1999, the Mine Safety and
Health Administration stated that it had no comments regarding the
amendment (Administrative Record No. MS-0377).
Response: No response is necessary.
Comment 2: The U.S. Army Corps of Engineers in a letter dated
August 18, 1999, stated that the proposed amendment should specify all
measures in the International System of Units (SI) in lieu of the inch-
pound (IP) system (Administrative Record No. MS-0379).
Response: The appropriateness of Mississippi's use of the IP system
is not at issue in this rulemaking because the State did not propose
any changes pertaining to measures. In addition, the Federal
regulations at 30 CFR Part 700 to end do not require states to specify
measures in the SI.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards issued under the
authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean
Air Act (42 U.S.C. 7401 et seq.). None of the revisions that
Mississippi proposed to make in this amendment pertain to air or water
quality standards. Therefore, we did not ask the EPA to agree on the
amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. MS-0377). The EPA did
not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On July 19, 1999, we requested comments on Mississippi's
amendment (Administrative Record No. MS-0377), but neither responded to
our request.
V. Director's Decision
Based on the above findings, we approve the amendment as sent to us
by Mississippi on July 1, 1999. We approve the regulations that
Mississippi proposed with the provision that they be published in
identical form to the regulations sent to and reviewed by OSM and the
public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 924, which codify decisions concerning the Mississippi
program. We are making this final rule effective immediately to
expedite the State program amendment process and to encourage
Mississippi to bring its program into conformity with the Federal
standards. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Office 12866
The Office of Management and Budget (OMB) exempts this rule from
review 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 State regulatory
programs and program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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
corresponding 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. Therefore, this rule will ensure that existing requirements
previously published 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 corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 4, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 924 is amended
as set forth below:
PART 924--MISSISSIPPI
1. The authority citation for Part 924 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 924.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 924.15 Approval of Mississippi regulatory program amendments.
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Original amendment submission date Date of final publication Citation/description
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July 1, 1999....................... October 26, 1999........... Sections 105; 407; 413; 1105 (c)-(d); 2103;
2105; 2313; 3113; 3119; 3121; 3301(b); 3509;
3713; 4301; 4303(g)(6); 4501(c); 4701(a);
5333(b)(3)(A); 5349; 5359; 5377; 5391; 5393;
53111; 5703; 5903; 6501(c)(4); 6511 (a),
(l)(1), & (n)(9).
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Sec. 924.16 [Amended]
3. Section 924.16 is amended by removing and reserving paragraphs
(f), (g), (h), (j), (k), (m) and (n).
[FR Doc. 99-27845 Filed 10-25-99; 8:45 am]
BILLING CODE 4310-05-M
