[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34597-34599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16813]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SPATS No. MS-014-FOR]
Mississippi Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Mississippi
regulatory program (hereinafter referred to as the ``Mississippi
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The amendment consists of revisions to the Mississippi Surface
Coal Mining and Reclamation Law pertaining to the small operator
assistance program, variances from performance standards, enforcement,
and administrative and judicial review proceedings. The amendment is
intended to revise the Mississippi program to be consistent with SMCRA.
EFFECTIVE DATE: June 25, 1998.
FOR FURTHER INFORMATION CONTACT:
Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface
Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215,
Homeward, Alabama 35209, Telephone: (205) 290-7282.
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 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 amendments can be found
at 30 CFR 924.10, 924.16, and 924.17.
II. Submission of the Proposed Amendment
By letter dated March 26, 1998 (Administrative Record No. MS-0354),
Mississippi submitted an amendment to its program pursuant to SMCRA.
Mississippi proposed to amend the Mississippi Surface Coal Mining and
Reclamation Law (MSCMRL) in response to the required amendments
codified at 30 CFR 924.16(b), (c), and (d).
OSM announced receipt of the proposed amendment in the April 14,
1998, Federal Register (63 FR 18172), and in the same document 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 May 14, 1998. Because no one requested
a public hearing or meeting, none was held.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
amendment.
1. Sec. 53-9-26, Small Operator Assistance Program
Mississippi proposed to change the word ``operation'' to the word
``operator'' in the phrase ``at all locations of surface coal mining
operation.''
The Director finds that the revision satisfies the requirement
placed on the Mississippi program at 30 CFR 924.16(b)(1) on January 9,
1998 (63 FR 1342), and that Mississippi's revised provision at section
53-9-26 is no less stringent than section 507(c) of SMCRA. Therefore,
the Director is approving the revision and removing the required
amendment.
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2. Sec. 53-9-45, Variances From Performance Standard
At section 53-9-45(4)(b), Mississippi proposed to remove the
reference to subsection (2) from the phrase ``a variance from the
requirement to restore to approximate original contour set forth in
subsection (2) or (3) of this section.''
The Director finds that the revision satisfies the requirement
placed on the Mississippi program at 30 CFR 924.16(b)(2) on January 9,
1998 (63 FR 1342), and that Mississippi's revised provision at section
53-9-45 is no less stringent than section 515(e)(2) of SMCRA.
Therefore, the Director is approving the revision and removing the
required amendment.
3. Sec. 53.9-69, Enforcement and Administrative and Judicial Review
Proceedings
a. At section 53-9-69(1)(c)(i), Mississippi proposed to change the
word ``may'' to the word ``shall'' in the phrase ``the commission,
executive director or the executive director's authorized
representative may issue an order to the permittee or agent of the
permittee.''
The Director finds that the revision satisfies the requirement
placed on the Mississippi program at 30 CFR 924.16(c) on January 9,
1998 (63 FR 1342), and that Mississippi's revised provision at section
53-9-69(1)(c)(i) is no less stringent than section 521(a)(3) of SMCRA.
Therefore, the Director is approving the revision and removing the
required amendment.
b. Mississippi proposed to add the following new provision at
section 53-9-69(4):
When an order is issued under this section, or as a result of
any administrative proceeding under this chapter, at the request of
any person, a sum equal to the aggregate amount of all costs and
expenses, including attorney's fees, as determined by the commission
to have been reasonably incurred by that person for or in
conjunction with that person's participation in the proceedings,
including any judicial review of agency actions, may be assessed
against either party as the court, resulting from judicial review,
or the commission, resulting from administrative proceedings deems
proper.
The Director finds that the addition of this new provision
satisfies the requirement placed on the Mississippi program at 30 CFR
924.16(d)(1) on January 9, 1998 (63 FR 1342), and that Mississippi's
provision at section 53-9-69(4) is no less stringent than section
525(e) of SMCRA. Therefore, the Director is approving the new provision
and removing the required amendment.
4. Sec. 53-9-77, Formal Hearings
Mississippi proposed to add the following new provision at section
53-9-77(5):
Except as provided in Section 53-9-67, the availability of
judicial review under this section shall not limit any rights
established under Section 53-9-67.
The Director finds that the addition of this new statutory
provision satisfies the requirement placed on the Mississippi program
at 30 CFR 924.16(d)(2) on January 9, 1998 (63 FR 1342), and that
Mississippi's provision at section 53-9-77(5) is no less stringent than
the counterpart Federal provision at section 526(e) of SMCRA.
Therefore, the Director is approving the new provision and removing the
required amendment.
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the proposed amendment, but none
were received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Mississippi program
(Administrative Record No. MS-0357). On April 29, 1998, the U.S. Army
Corps of Engineers commented that a review of the proposed amendment
found it to be satisfactory (Administrative Record No. MS-0363).
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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, OSM did
not request the EPA's concurrence.
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from the EPA (Administrative Record No. MS-0357).
The EPA did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
MS-0357). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Mississippi on March 26, 1998.
The Federal regulations at 30 CFR Part 924, codifying decisions
concerning the Mississippi program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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 section 102(2)(C)
of the National
[[Page 34599]]
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. 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 corresponding 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: June 6, 1998.
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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* * * * * * *
March 26, 1998........................ June 25, 1998................ MSCMRL 53-9-26; 45(4)(b); 69(1)(c)(i) and (4); 77(5).
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Sec. 924.16 [Amended]
3. Section 924.16 is amended by removing and reserving paragraphs
(b), (c), and (d).
[FR Doc. 98-16813 Filed 6-24-98; 8:45 am]
BILLING CODE 4310-05-M
