[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Proposed Rules]
[Pages 38773-38775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18550]
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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; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Colorado regulatory program (hereinafter, the ``Colorado program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to rules pertaining to
definitions; the applicability of Colorado's rules; permit application
requirements for legal, financial, and related information; permit
application requirements for operation and reclamation plans;
requirements for special categories of mining; public participation and
approval of permit applications; performance standards for
revegetation; and performance standards for subsidence control. The
amendment is intended to revise the Colorado program to be consistent
with the corresponding Federal regulations and improve operational
efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t. August
28, 1995. If requested, a public hearing on the proposed amendment will
be held on August 22, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t. on August 14, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton 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 Western Regional Coordinating Center.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202
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:
James F. Fulton, 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 July 12, 1995, Colorado submitted a proposed
amendment to its program (administrative record No. CO-670) pursuant to
SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed
amendment at its own initiative and in response to a February 7, 1990,
letter (administrative record No. CO-484) that OSM sent to Colorado in
accordance with 30 CFR 732.17(c). The provisions of 2 Code of Colorado
Regulations 407-2, the rules and regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, that Colorado proposes to revise
are: Rule 1.04, definitions; Rule 1.05, applicability of Colorado's
rules; Rule 2.03, permit application requirements for legal, financial,
and related information; Rule 2.05, permit application requirements for
operation and reclamation plans; Rule 2.06, requirements for special
categories of mining; Rule 2.07, public participation and approval of
permit applications; Rule 4.15, performance standards for revegetation;
and Rule 4.20, performance standards for subsidence control.
Specifically, Colorado proposes to revise:
Rule 1.04(21), the definition of ``coal,'' to indicate that the
referenced publication of the American Society of Testing and Materials
is incorporated as it existed on the date of promulgation of these
revisions;
Rule 1.04(80), the definition of ``operator,'' to replace the term
``refuse pile'' with ``mine waste disposal facility;''
Rule 1.04(92), the definition of ``person,'' to be consistent with
the definition of ``person'' in the Colorado Surface Coal Mining
Reclamation Act;
Rule 1.05.1(b), to remove an exemption from the Colorado program
for operations which affect 2 acres or less;
[[Page 38774]]
Rule 2.03.3(4), to indicate that the referenced edition of
``Standard Methods for the Examination of Water and Wastewater'' is
incorporated as it existed on the date of promulgation of these
revisions;
Rule 2.03.7(1), permit application information concerning the
relationship of a proposed permit area to areas designated as
unsuitable for mining, to reference 30 CFR 769, which concerns the
petition process for designation of Federal lands as unsuitable for all
or certain types of surface coal mining operations, rather than 30 CFR
765, which does not exist;
Rule. 2.05.3(3)(c)(iv), concerning a description of measures to be
taken to protect the inlet end of a ditch relief culvert, to reference
Rule 4.03.1(4)(e)(vi)(C) for approval of haul road culverts;
Rule 2.05.3(8)(c), permit application information concerning the
design of coal processing waste dams and embankments, to reference the
performance standards at Rule 4.11.5, which are specific to dams and
embankments constructed of or impounding coal mine waste, rather than
the general performance standards applicable to coal mine waste at Rule
4.11;
Rule 2.05.6(2)(a)(iii)(A), to correct the citation of Colorado's
statute for protection of Nongame, Endangered and Threatened Species
Conservation Act;
Rule 2.06.6(2)(a)(i), to indicate that the referenced U.S.D.A.
National Soils Handbook is incorporated as it existed on the date of
promulgation of these revisions;
Rule 2.06.8(5)(c) (i) through (iii), to specify methods for
evaluating whether a mining operation will damage the water system of
an alluvial valley floor;
Rule 2.07.2, to refer to Rule 2.07 rather than Rule 2.07.2 in the
title line for the statement of objectives;
Rule 4.15.1(2)(d), to correct the reference to requirements for
fish and wildlife at Rule 4.18(5)(i) rather than Rule 4.18(4)(i); and
Rule 4.20.3(2) (a) through (c), to specify the performance
standards for mitigation of structures or facilities that may be
damaged as a result of subsidence due to underground mining operations.
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 Colorado 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 Western Regional
Coordinating Center 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 August 14, 1995. 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 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 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 (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
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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 906
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 19, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-18550 Filed 7-27-95; 8:45 am]
BILLING CODE 4310-05-M
