[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Proposed Rules]
[Pages 18173-18177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9769]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SPATS No. MS-013-FOR]
Mississippi 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
Mississippi regulatory program (hereinafter the ``Mississippi
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). Mississippi is proposing to replace all of its currently
approved regulations for surface coal mining and reclamation operations
with new regulations. The amendment is intended to revise the
Mississippi program to be consistent with the corresponding Federal
regulations, provide additional safeguards, and improve operational
efficiency.
This document sets forth the times and locations that the
Mississippi 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 the procedures that will be followed regarding the
public hearing, if one is requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t., May 14,
[[Page 18174]]
1998. If requested, a public hearing on the proposed amendment will be
held on May 11, 1998. Requests to speak at the hearing must be received
by 4:00 p.m, c.d.t. on April 29, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Arthur W. Abbs, Director, Birmingham
Field Office, at the address listed below.
Copies of the Mississippi program, the proposed 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 Birmingham
Field Office.
Arthur W. Abbs, Director, Birmingham Field Office, Office of
Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite
215, Homewood, Alabama 35209, Telephone: (205) 290-7282.
Department of Environmental Quality, Office of Geology, 2380
Highway 80 West, P.O. Box 20307, Jackson, Mississippi 39289-1307,
Telephone: (601) 961-5500.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office, Telephone: (205) 290-7282.
SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Program
On September 4, 1980, the Secretary of the Interior conditionally
approved the Mississippi program. Background information on the
Mississippi program, including the Secretary's findings, the
disposition of comments, and the conditions of approval can be found in
the September 4, 1980, Federal Register (45 FR 58520). Subsequent
actions concerning the conditions of approval and program amendments
can be found at 30 CFR 924.10, 924.12, and 924.16.
II. Description of the Proposed Amendment
By letter dated March 26, 1998 (Administrative Record No. MS-0355),
Mississippi submitted a proposed amendment to its program pursuant to
SMCRA. Mississippi submitted the proposed amendment in response to
letters dated May 20, 1996, January 6, 1997, and June 17, 1997
(Administrative Record Nos. MS-0333, MS-0336, and MS-0339,
respectively) that OSM sent to Mississippi in accordance with 30 CFR
732.17(c); in response to the required program amendments at 30 CFR
924.16(a) and (e); and at its own initiative. Mississippi proposes to
amend its program by replacing the Mississippi Surface Coal Mining
Regulations at Parts 100 through 250 with the State of Mississippi
Surface Coal Mining Regulations at Subpart I, Chapters 1 through 7;
Subpart II, Chapters 9 through 15; Subpart III, Chapters 17 through 37;
Subpart IV, Chapters 39 through 47; and Subpart V, Chapters 49 through
71. The full text of the proposed program amendment submitted by
Mississippi is available for public inspection at the locations listed
above under ADDRESSES. Following is the table of contents for the
proposed Mississippi regulations.
Subpart I. General Information
Chapter 1. General
Sec.
101 Authority
103 Responsibility
105 Definitions
107 Applicability
109 Petitions to Initiate Rulemaking
111 Notice of Citizen Suits
113 Availability of Records
115 Computation of Time
Chapter 3. Permanent Regulatory Program
Sec.
301 Authority
303 Applicability
Chapter 4. Exemption of Coal Extraction of Other Minerals
Sec.
401 Scope
403 Definitions
405 Application Requirements and Procedures
407 Contents for Application for Exemption
409 Public Availability of Information
411 Requirements for Exemptions
413 Conditions of Exemption and Right of Inspection and Entry
415 Stockpiling of Minerals
417 Revocation and Enforcement
419 Reporting Requirements
Chapter 5. Restriction of Financial Interests of Employees
Sec.
501 Authority
503 Responsibility
505 Penalties
507 Who Shall File
509 When to File
511 Where to File
513 What to Report
515 Gifts and Gratuities
517 Resolving Prohibited Interest
519 Appeals Procedure
Chapter 7. Exemption for Coal Extraction Incident to Government-
financed Highway or Other Construction
Sec.
701 Responsibility
703 Applicability
705 Information to be Maintained on Site
Subpart II. Areas Unsuitability for Mining
Chapter 9. General
Sec.
901 Authority
903 Responsibility
Chapter 11. Areas Designated by Act of Congress
Sec.
1101 Authority
1103 Responsibility
1105 Areas Where Mining Is Prohibited or Limited
1107 Procedures
Chapter 13. Criteria For Designating Lands as Unsuitable for
Surface Coal Mining Operations
Sec.
1301 Responsibility
1303 Criteria For Designating Lands as Unsuitable
1305 Land Exempt From Designation as Unsuitable for Surface Coal
Mining Operations
1307 Exploration or Development on Land Designated as Unsuitable
for Surface Coal Mining Operations
Chapter 15. State Process For Designating Areas Unsuitable for
Surface Coal Mining Operations
Sec.
1501 Procedures: Petitions
1503 Procedures: Initial Processing, Record Keeping, and
Notification Requirements
1505 Procedures: Hearing Requirements
1507 Procedures: Decision
1509 Data Base and Inventory System Requirements
1511 Public Information
1513 Responsibility for Implementation
Subpart III. Surface Coal Mining and Reclamation Operations Permits and
Coal Exploration and Development Procedures Systems
Chapter 17. General Requirements for Permit or Exploration
Procedure Systems
Sec.
1701 Responsibilities
1703 Applicability
1705 Coordination with Requirements Under Other Laws
Chapter 19. General Requirements for Permits and Permit
Applications
Sec.
1901 General Requirements for Permits: Operators
1903 Compliance with Permits
1905 Permit Filing Application Deadlines
1907 Permit Applications: General Requirements for Format and
Contents
1909 Permit Fees
1911 Verification of Application
Chapter 21. Coal Exploration and Development
Sec.
2101 Notice Requirements for Exploration Removing 250 Tons of Coal
or Less
2103 Permit Requirements for Exploration Removing More than 250
Tons of Coal, or Occurring on Lands Designated as Unsuitable for
Surface Coal Mining Operations.
2105 Coal Exploration Compliance Duties
2107 Commercial Use or Sale
2109 Public Availability of Information
[[Page 18175]]
Chapter 23. Surface Mining and Permit Applications: Minimum
Requirements for Legal, Financial, Compliance and Related
Information
Sec.
2301 Responsibility
2303 Applicability
2305 Identification of Interests
2307 Compliance Information
2309 Right of Entry and Operation Information
2311 Relationship to Areas Designated Unsuitable for Mining
2313 Permit Term Information
2315 Personal Injury and Property Damage Insurance Information
2317 Identification of Other Licenses and Permits
2319 Identification of Location of Public Office for Filing of
Application
2321 Newspaper Advertisement and Proof of Publication
2323 Facilities or Structures Used in Common
2325 Additional Information
Chapter 25. Surface Mining and Permit Applications: Minimum
Requirements for Information on Environmental Resources
Sec.
2501 Responsibilities
2503 General Requirements
2505 General Environmental Resources Information
2507 Description of Hydrology and Geology: General Requirements
2509 Geology Description
2511 Groundwater Information
2513 Surface-water Information
2515 Supplemental Information
2517 Baseline Cumulative Impact Area Information
2519 Modeling
2521 Alternative Water Source Information
2523 Probable Hydrologic Consequences Determination
2525 Cumulative Hydrologic Impact Assessment
2527 Climatological Information
2529 Vegetation Information
2531 Soil Resources Information
2533 Land Use Information
2535 Maps: General Requirements
2537 Cross-sections, Maps and Plans
2539 Prime Farmland Investigation
Chapter 27. Surface Mining Permit Applications: Minimum
Requirements for Reclamation and Operation
Sec.
2701 Responsibilities
2703 Operation Plan: General Requirements
2705 Operation Plan: Existing Structures
2707 Operation Plan: Blasting
2709 Operation Plan: Maps and Plans
2711 Air Pollution Control Plan
2713 Fish and Wildlife Plan
2715 Reclamation Plan: General Requirements
2717 Reclamation Plan: Protection of Hydrologic Balance
2719 Groundwater Monitoring Plan
2721 Surface-water Monitoring Plan
2723 Reclamation Plan: Post-mining Land Uses
2725 Reclamation Plan: Siltation Structures, Impoundments, Banks,
Dams and Embankments
2727 Reclamation Plan: Surface Mining near Underground Mining
2729 Diversions
2731 Protection of Public Parks and Historic Places
2733 Relocation or Use of Public Roads
2735 Disposal of Excess Spoil
2737 Road Systems
2739 Support Facilities
Chapter 29. Requirements for Permits for Special Categories of
Mining
Sec.
2901 Experimental Practices Mining
2903 Steep Slope Mining
2905 Permits Incorporating Alternatives from Approximately Original
Contour Restoration Requirements for Steep Slope Mining
2907 Prime Farmlands
2909 Coal Processing Plants or Support Facilities Not Located
Within the Permit Area of a Specified Mine
2911 In Situ Processing Activities
Chapter 31. Public Participation, Approval of Permit Applications
and Permit Terms and Conditions
Sec.
3101 Responsibilities
3103 Public Notices of Filing of Permit Applications
3104 Revisions of Permits
3105 Opportunity for Submission of Written Comments on Permit
Applications
3107 Right to File Written Objections
3109 Public Hearings
3111 Public Availability of Information in Permit Applications on
File with the Office
3113 Review of Permit Applications
3115 Criteria for Permit Approval or Denial
3117 Criteria for Permit Approval or Denial: Existing Structures
3119 Permit Approval or Denial Actions
3121 Permit Terms
3123 Conditions of Permits: General and Right of Entry
3125 Conditions of Permits: Environmental, Public Health and Safety
3127 Improvidently Issued Permits: General Procedures
3129 Improvidently Issued Permits: Revocation Procedures
3131 Verification of Ownership or Control Application Information
3133 Review of Ownership or Control and Violation Information
3135 Procedures for Challenging Ownership or Control Links Shown in
AVS
3137 Standards for Challenging Ownership or Control Links and the
Status of Violations
Chapter 33. Administrative and Judicial Review of Permit Decisions
Sec.
3301 Formal Hearing
3303 Judicial Review
Chapter 35. Permit Reviews and Renewals, and Transfer, Sale and
Assignment of Rights Granted Under Permits
Sec.
3501 Responsibilities
3503 Department Review of Outstanding Permits
3505 Permit Modifications and Revisions
3507 Permit Renewals: General Requirements
3509 Permit Renewals: Completed Applications
3511 Permit Renewals: Terms
3513 Permit Renewals: Approval or Denial
3515 Transfer, Assignment or Sale of Permit Rights: General
Requirements
3517 Transfer, Assignment or Sale of Permit Rights: Obtaining
Approval
Chapter 37. Small Operator Assistance
Sec.
3701 Authority
3703 Responsibilities: General
3705 Eligibility for Assistance
3707 Filing for Assistance
3709 Application Approval and Notice
3711 Program Services and Data Requirements
3713 Qualified Laboratories
3715 Assistance Funding
3717 Applicant Liability
Subpart IV. Bond and Insurance Requirements for Surface Coal Mining and
Reclamation Operations
Chapter 39. General Requirements of Bonding of Surface Coal Mining
and Reclamation Operations Under Regulatory Program
Sec.
3901 Requirements to File a Bond
3903 Requirements to File Certificate of Liability Insurance
3905 Responsibilities
Chapter 41. Amount and Duration of Performance Bond
Sec.
4101 Determination of Bond Amount
4103 Minimum Amount
4105 Period of Liability
4107 Adjustment of Amount
Chapter 43. Form, Conditions and Terms of Performance Bonds and
Liability Insurance
Sec.
4301 Form and Performance of Bond
4303 Terms and Condition of the Bond
4305 Self Bonding
4307 Replacement of Bonds
4309 Terms and Conditions for Liability Insurance
Chapter 45. Procedures, Criteria and Schedule for Release of
Performance Bond
Sec.
4501 Procedures for Seeking Release of Performance Bond
4503 Criteria and Schedule for Release of Performance Bond
Chapter 47. Performance Bond Forfeiture Criteria and Procedures
Sec.
4701 General
4703 Procedures
4705 Criteria for Forfeiture
4707 Determination of Forfeiture Amount
[[Page 18176]]
Subpart V. Permanent Program Performance Standard
Chapter 49. Permanent Program Performance Standards: General
Provisions
Sec.
4901 Responsibility
Chapter 51. Permanent Program Performance Standards: Coal
Exploration and Development Operations
Sec.
5101 General Responsibility of Persons Conducting Coal Exploration
or Development
5103 Required Documents
5105 Performance Standards for Coal Exploration or Development
Chapter 53. Permanent Program Performance Standards for Surface
Mining Activities
Sec.
5301 Signs and Markers
5303 Casing and Sealing of Drilled Holes: General Requirements
5305 Casing and Sealing of Drilled Holes: Temporary
5307 Casing and Sealing of Drilled Holes: Permanent
5309 Topsoil: General Requirements
5311 Topsoil and Subsoil
5313 Hydrologic Balance: General Requirements
5315 Hydrologic Balance: Water Quality Standards and Effluent
Limitations
5317 Hydrologic Balance: Diversions
5319 Hydrologic Balance: Sediment Control Measures
5321 Hydrologic Balance: Siltation Structures
5323 Hydrologic Balance: Discharge Structures
5325 Hydrologic Balance: Acid-forming and Toxic-forming Materials
5327 Hydrologic Balance: Impoundments
5329 Hydrologic Balance: Groundwater Protection
5331 Hydrologic Balance: Surface-water Protection
5333 Hydrologic Balance: Surface- and Ground-water Monitoring
5335 Hydrologic Balance: Transfer of Wells
5337 Hydrologic Balance: Water Rights and Replacement
5339 Hydrologic Balance: Discharges into an Underground Mine
5341 Hydrologic Balance: Post-mining Rehabilitation of
Sedimentation Ponds, Diversions, Impoundments and Treatment
Facilities
5343 Hydrologic Balance: Stream Buffer Zones
5345 Coal Recovery
5347 Use of Explosives: General Requirements
5349 Use of Explosives: Pre-blasting Survey
5351 Use of Explosives: Blasting Schedule
5353 Use of Explosives: Blasting Signs, Warnings and Access Control
5355 Use of Explosives: Control of Adverse Effects
5357 Use of Explosives: Records of Blasting Operations
5359 Disposal of Excess Spoil: General Requirements
5361 Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills
5363 Disposal of Excess Spoil: Durable Rock Fills
5365 Disposal of Excess Spoil: Preexisting Benches
5367 Protection of Underground Mining
5369 Coal Mine Waste: General Requirements
5371 Coal Mine Waste: Refuse Piles
5373 Coal Processing Waste: Burning and Burned Waste Utilization
5375 Disposal of Noncoal Wastes
5377 Coal Mine Waste: Impounding Structures
5379 Stabilization of Surface Areas
5381 Air Resources Protection
5383 Protection of Fish, Wildlife and Related Environmental Values
5385 Slides and Other Damages
5387 Contemporaneous Reclamation
5389 Backfilling and Grading: Time and Distance Requirements
5391 Backfilling and Grading: General Grading Requirements
5393 Backfilling and Grading: Thin Overburden
5395 Backfilling and Grading: Thick Overburden
5397 Revegetation: General Requirements
5399 Revegetation: Timing
53101 Revegetation: Mulching and Other Soil Stabilizing Practices
53103 Revegetation: Standards for Success
53105 Cessation of Operations: Temporary
53107 Cessation of Operations: Permanent
53109 Post-mining Land Use
53111 Roads: General
53113 Primary Roads
53115 Utility Installations
53117 Support Facilities
Chapter 55. Special Permanent Program Performance Standards:
Operations on Prime Farmland
Sec.
5501 Prime Farmland: Scope and Purpose
5503 Prime Farmland: Soil Removal and Stockpiling
5505 Prime Farmland: Soil Replacement
5507 Prime Farmland: Revegetation and Restoration of Soil
Productivity
Chapter 57. Special Permanent Program Performance Standards:
Operations on Steep Slopes
Sec.
5701 Applicability
5703 Steep Slopes: Backfilling and Grading: Steep Slopes
Chapter 59. Special Permanent Program Performance Standards: Coal
Preparation Plants and Support Facilities Not Located at or Near
the Minesite or Not Within the Permit Area for a Mine
Sec.
5901 Applicability
5903 Coal Plants: Performance Standards
Chapter 61. Special Permanent Program Performance Standards: in
Situ Processing
Sec.
6101 In Situ Processing: Performance Standards
6103 In Situ Processing: Monitoring
Chapter 63. Inspections
Sec.
6301 Inspections
6303 Citizens' Requests for Inspections
6305 Right of Entry
6307 Review of Adequacy and Completeness of Inspection
6309 Review of Decisions Not to Inspect or Enforce
6311 Availability of Records
Chapter 65. Enforcement
Sec.
6501 Cessation Orders
6503 Notice of Violation
6505 Suspension or Revocation of Permits
6507 Service of Notices of Violation and Cessation Orders
6509 Termination of Order
6511 Formal Review of Citations
6513 Failure to Give Notice and Lack of Information
6515 Inability to Comply
6517 Compliance Conference
6519 Enforcement Actions at Abandoned Sites
Chapter 67. Civil Penalties
Sec.
6701 How Assessments Are Made
6703 When Penalty Will Be Assessed
6705 Point System for Penalties
6707 Determination of Amount of Penalty
6709 Assessments of Separate Violations for Each Day
6711 Waiver of Use of Formula to Determine Civil Penalty
6713 Procedures for Assessment of Civil Penalties
Chapter 69. Individual Civil Penalties
Sec.
6901 When an Individual Civil Penalty May Be Assessed
6903 Amount of Individual Civil Penalty
6905 Procedure for Assessment of Individual Civil Penalty
6907 Payment of Penalty
Chapter 71. Petitions for Award of Costs and Expenses
Sec.
7101 Who May File
7103 Where to File: Time for Filing
7105 Contents of Petition
7107 Answer
7109 Who May Receive an Award
7111 Awards
7113 Appeal
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 Mississippi 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 Birmingham Field Office will
not necessarily be considered in the final rulemaking or included in
the Administrative Record.
[[Page 18177]]
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.d.t. on April 29, 1998. 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 speak 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 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 determinations 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
OSM has determined and certifies pursuant to 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: April 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-9769 Filed 4-13-98; 8:45 am]
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