[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18100-18102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10056]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SPATS No. ND-034-FOR, State Amendment No. XXIII]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: The Office of Surface Mining Reclamation and Enforcement (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 North Dakota's rules to
reflect the new name of the U.S. Department of Agriculture's Soil
Conservation Service (i.e., change it to the Natural Resource
Conservation Service), revisions to clarify the required scale of
annual maps, revisions to revegetation success standards for prime
farmland and lands used for recreational purposes, and revisions to the
time allowed for implementation of a rule previously approved by OSM as
an alternative method for determining the required depth of soil
respreading. The amendment is intended to revise the North Dakota
program to be consistent with the corresponding Federal regulations as
well as with SMCRA, incorporate the additional flexibility afforded by
the revised Federal regulations and SMCRA, and provide additional
safeguards, clarify ambiguities, and improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., May 24,
1996. If requested, a public hearing on the proposed amendment will be
held on May 20, 1996. Requests to present oral testimony at the hearing
must be received by 4:00 p.m., m.d.t., on May 9, 1996.
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
[[Page 18101]]
amendment by contacting OSM's Casper, Wyoming, Field Office.
Guy Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, 100 East B. Street, Federal Building, Room
2128, Casper, Wyoming 82601-1918
Edward J. Englerth, Director, Reclamation Division, North Dakota Public
Service Commission, Capitol Building, Bismarck, North Dakota,
Telephone: 701-328-4092
FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307-261-6550.
Internet address: [email protected]
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 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 934.15, 934.16 and 934.30.
II. Proposed Amendment
By letter dated March 20, 1996, North Dakota submitted a proposed
amendment to its program (amendment No. XXIII, administrative record
No. ND-Y-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota
submitted the proposed amendment in response to a letter, dated
November 22, 1995, from OSM, and the required program amendments at 30
CFR 934.16 (aa) and (bb). Described below are changes that North Dakota
proposes to its rules.
Revision of the following rules to reflect the new name of the
United States Soil Conservation Service, i.e., the Natural Resource
Conservation Service: NDAC 69-05.2-01-02, 69-05.2-08-08, 69-05.2-08-09,
69-05.2-10-01, 69-05.2-10-03, 69-05.2.22-02, and 69-05.2-27-02.
Revision of the various rules to reflect the new name of the State
Department of Health and Consolidated Laboratories, i.e., the State
Department of Health: NDAC 69-05.2-13-05, 69-05.2-13-07, 69-05.2-16-02,
69-05.2-16-04, 69-05.2-16-05, and 69-05.2-19-02.
Revision of the rule at NDAC 69-05.2-09-02 to conform more closely
to 30 CFR 780.14(b)(5) which relates to the disposal of noncoal wastes
in the permit area, and to provide a cross-reference to the State
Department of Health solid waste management rules.
Revision of the rule at NDAC 69-05.2-13-02 to change the standard
for map scales with the intent of making them easier to produce as well
as more manageable to use and store.
Revision of the rule at NDAC 69-05.2-15-04, which extends the
effective date of the suitable plant growth material option by 2 years,
to the end of 1998. North Dakota indicated that this will enable it to
conduct additional research comparing the effectiveness of the option
with the option of respreading all suitable plant growth material
inventoried and removed.
Revision of the rule at NDAC 69-05.2-19-04 to reflect the name
change to the State Department of Health, to indicate what is meant by
noncoal wastes as defined by the State Department of Health rules on
solid waste disposal, to address the disposal of wastes containing
asbestos, and to show clearly that combustible materials must be
disposed of as required by the State Department of Health.
Revision of the performance standards for prime farmland at NDAC
69-05.2-22-07 with the intent of partly satisfying 30 CFR 934.16(aa).
This proposed change would require that permittees demonstrate
restoration of prime farmland productivity before qualifying for third
stage bond release. In addition, North Dakota proposes to add a new
subsection with the intent of partly satisfying 30 CFR 934.16(bb). The
new subsection addresses the stocking and plant establishment standards
for woody plants in areas to be developed for recreation.
Revision of the rule at 69-05.2-26-05 to make cross-reference
corrections and to add the terms, ``average annual'' and ``average''
for clarity. Also, language that North Dakota considers superfluous is
proposed to be deleted.
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.d.t. on May 9, 1996. 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 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.
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 specific 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
[[Page 18102]]
(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 1255) 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 of 1969 (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: April 17, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-10056 Filed 4-23-96; 8:45 am]
BILLING CODE 4310-05-M
