[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30347]
[[Page Unknown]]
[Federal Register: December 9, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[ND-031; Amendment XXI]
North Dakota 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 program amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the North
Dakota regulatory program (hereinafter, the ``North Dakota program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to and additions of rules
pertaining to: Areas unsuitable for mining; permit applications
(environmental monitoring plans); permit application approval
procedures; permit revisions, renewals, and transfer or sale;
performance bond; resoiling performance standards; sediment pond
performance standards; contemporaneous reclamation performance
standards; and enforcement actions. The amendment is intended to revise
the North Dakota program to be consistent with the corresponding
Federal regulations, clarify ambiguities, correct cross-references, and
improve program efficiency.
This document sets forth the times and locations that the North
Dakota program and proposed amendment to that program are available for
public inspection, the comment period during which interested persons
may submit written comments on the proposed amendment, and procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., m.s.t. January
9, 1995. If requested, a public hearing on the proposed amendment will
be held on January 3, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.s.t. on December 27, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the North Dakota 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 Casper Field Office.
Guy Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper, WY
82601-1918, Telephone: (307) 261-5776
Edward J. Englerth, Director, Reclamation Division, North Dakota Public
Service Commission, Capitol Building, Bismarck, ND 58505-0165,
Telephone: (701) 224-4092
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: (307) 261-5776.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
On December 15, 1980, the Secretary of the Interior conditionally
approved the North Dakota program. General background information on
the North Dakota program, including the Secretary's findings, the
disposition of comments, and the conditions of approval of the North
Dakota program can be found in the December 15, 1980, Federal Register
(45 FR 82214). Subsequent actions concerning North Dakota's program and
program amendments can be found at 30 CFR 934.12, 934.13, 934.15,
934.16, and 934.30.
II. Proposed Amendment
By letter dated November 10, 1994, North Dakota submitted a
proposed amendment to its program pursuant to SMCRA (Amendment number
XXI, Administrative Record No. ND-V-1). North Dakota submitted the
proposed amendment in response to the required program amendments at 30
CFR 934.16(u) and at its own initiative. The provisions of the North
Dakota Administrative Code (NDAC) that North Dakota proposes to revise
or add are: NDAC 69-05.2-04-07(3), lands unsuitable for mining; NDAC
69-05.2-05-09, permit applications (environmental monitoring plans);
NDAC 69-05.2-06-01(2), permit applications (identification of
interests); NDAC 69-05.2-06-02, permit applications (compliance
information); NDAC 69-05.2-10-03(5), criteria for permit approval; NDAC
69-05.2-11-02, permit revisions; NDAC 69-05.2-11-03, permit renewals;
NDAC 69-05.2-11-06, transfer, sale, or assignment of permit rights:
NDAC 69-05.2-12-09(2), performance bond (period of liability); NDAC 69-
05.2-15-02(2a), performance standards (suitable plant growth material,
removal); NDAC 69-05.2-16-09(7) and (20), performance standards
(sediment ponds); NDAC 69-05.2-21-01(2) performance standards
(backfilling and grading, timing requirements); and NDAC 69-05.2-28-03,
inspection and enforcement (cessation orders). The specific changes and
additions proposed by North Dakota are described below.
1. NDAC 69-05.2-04-07(3a) [lands unsuitable for mining].
North Dakota proposes to revise a cross-reference from NDAC 69-
05.2-04-05(3) to North Dakota Century Code (NDCC) 38-14.1-05(3).
2. NDAC 69-05.2-05-09 [permit applications (environmental
monitoring plans)].
North Dakota proposes to add this new rule, which would allow the
consolidation of monitoring plans for several permits authorizing a
single mining operation into a single consolidated monitoring plan.
Such consolidated monitoring plans would be subject to the approval
procedures for permit revisions; each individual permit would have to
be revised to describe its individual monitoring plans proposed to be
subject to review at midterm or renewal of each individual permit; and
a permittee would be allowed to propose modifications to the
consolidated monitoring plan by applying for a permit revision to the
most recently issued of the individual permits included in the plan.
The monitoring plans proposed for consolidation would be those required
by NDAC article 69-05.2 and NDCC Chapter 38-14.1.
North Dakota also appends to its proposed amendment a narrative
statement further describing how much consolidated monitoring plans
would be administered and enforced. Among other things, the narrative
states that the intent of the rule is directed toward ground water
monitoring, surface water monitoring, alluvial valley floor monitoring,
and fish and wildlife monitoring.
3. NDAC 69-05.2-06-01(2) [permit applications (identification of
interests)].
North Dakota proposes to revise this rule to change the point
during the approval process at which the applicant must update
ownership and control information; currently, the rule requires this
after the application is approved but before the permit is issued; the
proposed revision would require this when the application is deemed
ready for approval but before the permit is issued.
4. NDAC 69-05.2-06-02(6) [permit applications (compliance
information)].
Similar to the rule discussed above, North Dakota's proposed
revision would change the point at which a permit applicant must update
compliance information, to after the application is deemed ready for
approval but before the permit is issued.
5. NDAC 69-05.2-10-03(5) [criteria for permit approval].
Similar to the two rules discussed above, North Dakota's proposed
revision would change the point at which the commission would make its
decision on application approval or disapproval in light of updated
ownership and control and compliance information.
6. NDAC 69-05.2-11-02(1)(d) [permit revisions].
North Dakota proposes to revise this rule to correct a cross-
reference from NDAC 69-05.2-11-02(5) to subsection (2).
7. NDAC 69-05.2-11-03(5c) [permit renewals].
North Dakota proposes to revise this rule to correct a cross-
reference from NDAC 69-05.2-11-03(3) to subsection (6).
8. NDAC 69-05.2-11-06(1c) [transfer, sale, or assignment of permit
rights].
North Dakota proposes to revise this rule to correct a cross-
reference from NDAC 69-05.2-11-06(2) to subsection (4).
9. NDAC 69-05.2-12-09(2) [performance bond (period of liability)].
North Dakota proposes to revise this rule to correct a cross-
reference from NDAC 69-05.2-22-07(5) to subsection (4j).
10. NDAC 69-05.2-15-02(2a) [performance standards (suitable plant
growth material, removal)].
North Dakota proposes to revise this rule by deleting the
requirement that the topsoil removal operation for an area be approved
by the commission prior to any other disturbances.
11. NDAC 69-05.2-16-09(7) [performance standards (sediment ponds)].
North Dakota proposes to revise this rule to require that for
sediment ponds designed to contain the ten-year, twenty-four-hour
storm, there must be no spillway outflow from the design event or
lesser event, unless multiple runoff events occur before the pond can
be dewatered in accordance with the permit.
12. NDAC 69-05.2-16-09(20) [performance standards (sediment
ponds)].
North Dakota proposes to revise this rule to require that
impoundments not meeting the criteria of subsection (17) must be
examined at least quarterly.
13. NDAC 69-05.2-21-01(2) [performance standards (backfilling and
grading, timing requirements)].
North Dakota proposes to revise this rule to allow the commission
to approve additional time, as well as additional distance, for rough
backfilling and grading.
14. NDAC 69-05.2-28-03(6) [inspection and enforcement (cessation
orders)].
North Dakota proposes to revise this rule by deleting reclamation
operations from those operations that, conducted without a valid
permit, under some circumstances constitute significant imminent
environmental harm.
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 North Dakota program.
1. 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 Casper Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
2. 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.,
m.s.t. on December 27, 1994. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to testify at the public hearing, the hearing
will not be held.
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. 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.
3. 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 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
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, 731.15, 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.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 1, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-30347 Filed 12-8-94; 8:45 am]
BILLING CODE 4310-05-M
