[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32174]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
Colorado Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of additional explanatory
information pertaining to a previously proposed amendment to the
Colorado regulatory program (hereinafter, the ``Colorado program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The additional explanatory information pertains to a memorandum of
understanding (MOU) between the Division of Minerals and Geology (DMG)
of the Colorado Department of Natural Resources and the Water Quality
Control Division (WQCD) of the Colorado Department of Health for water
quality management at coal mines. The amendment is intended to revise
the Colorado program to be consistent with SMCRA and the implementing
Federal regulations.
DATES: Written comments must be received by 4:00 p.m., m.s.t., January
17, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to
Thomas E. Ehmett at the address listed below.
Copies of the Colorado 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 one free copy of the proposed amendment by
contacting OSM's Albuquerque Field Office.
Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW.,
Suite 1200, Albuquerque, New Mexico 87102.
Colorado Division of Minerals and Geology, Department of Natural
Resources, 215 Centennial Building, 1313 Sherman Street, Denver,
Colorado 80203, Telephone: (303) 866-3567.
FOR FURTHER INFORMATION CONTACT:
Thomas E. Ehmett, Telephone: (505) 766-1486.
SUPPLEMENTARY INFORMATION:
I. Background on the Colorado Program
On December 15, 1980, the Secretary of the Interior conditionally
approved the Colorado program. General background information on the
Colorado program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Colorado program can
be found in the December 15, 1980, Federal Register (45 FR 82173).
Subsequent actions concerning Colorado's program and program amendments
can be found at 30 CFR 906.11, 906.15, 906.16, and 906.30.
II. Proposed Amendment
By letter dated March 18, 1994, Colorado submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
CO-604). Colorado submitted a proposed MOU in response to a letter
dated April 7, 1993 (administrative record No. CO-539), that OSM sent
to Colorado in accordance with 30 CFR 732.17(c). The provisions of the
MOU that Colorado proposed to revise pertain to the respective
responsibilities of DMG and WQCD regarding coal mining activities as
they impact the hydrologic balance.
OSM announced receipt of the proposed amendment in the April 7,
1994, Federal Register (59 FR 16578), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. CO-606).
Because no one requested a public hearing or meeting, none was held.
The public comment period closed on May 9, 1994.
During its review of the proposed MOU, OSM identified concerns
relating to (1) the provisions of item No. 2 of the Enforcement section
of the proposed MOU, which appeared to be contradicted by an August 28,
1990, memorandum of agreement between WQCD and the Mined Land
Reclamation Board (the regulatory board of the Mined Land Reclamation
Division that has been reorganized as DMG) and (2) referenced 2 Code of
Colorado Regulations 407.2, Rule 4.05, which does not serve as an
adequate basis for ensuring protection of the hydrologic balance. OSM
notified Colorado of the concerns by letter dated June 16, 1994
(administrative record No. CO-627). Colorado responded in a letter
dated June 23, 1994, by submitting additional explanatory information
(administrative record No. CO-629).
Based upon the additional explanatory information for the proposed
program amendment submitted by Colorado, OSM reopened the public
comment period in the July 29, 1994, Federal Register (59 FR 38575;
administrative record No. CO-637). The public comment period ended on
August 15, 1994.
During its review of the additional explanatory information for the
proposed MOU, OSM identified concerns relating to (1) enforcement of
effluent standards and the division of responsibility between DMG and
WQCD, and (2) standards for effluent limits. OSM notified Colorado of
the concerns by letter dated September 16, 1994 (administrative record
No. CO-646). Colorado responded in a letter dated December 7, 1994, by
submitting additional explanatory information (administrative record
No. CO-651).
Colorado proposes additional explanatory information indicating
that, because WQCD has primacy for Colorado's Discharge Permit System
program, DMG will enforce Federal, but not State, water quality
discharge standards under the proposed MOU. Colorado has also provided
an opinion by the State's attorney general's office that DMG has
authority to enforce the Federal effluent limitation standards at 40
CFR Part 434. Lastly, Colorado also proposes additional explanatory
information indicating that if WQCD approves fundamentally different
factors or variances under an approved National Pollutant Discharge
Elimination System program, the State will propose to revise the MOU in
a proposed amendment.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Colorado
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. 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 Colorado
program.
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 Albuquerque Field Office
will not necessarily be considered in the final rulemaking or included
in the administrative record.
IV. Procedural Determinations
1. 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).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 12550) 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.
3. 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)).
4. 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.).
5. 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.
V. List of Subjects in 30 CFR Part 906
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 21, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-32174 Filed 12-29-94; 8:45 am]
BILLING CODE 4310-05-M
