[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Proposed Rules]
[Pages 40773-40778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19962]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SPATS No. MS-012-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). The proposed amendment consists of revisions to the
Mississippi Surface Coal Mining and Reclamation Law pertaining to
definitions, reorganization, adoption of rules and regulations, small
operator assistance program, permit applications, permit fees,
reclamation plans, performance bonds, permit issuance, permit
reissuance, permit revision, public participation, public hearings,
formal hearings, confidentiality claims, environmental protection
performance standards, postmining land use, underground coal mining,
mine entrance signs, violation complaints, civil penalties, bond
release, bond forfeiture, suspension and revocation of permits,
designating lands unsuitable for surface coal mining, and creation of a
``Surface Coal Mining and Reclamation Fund.'' The amendment is intended
to revise the Mississippi program to be consistent with SMCRA, clarify
ambiguities, 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., August
29, 1997. If requested, a public hearing on the proposed amendment will
be held on August 25, 1997. Requests to speak at the hearing must be
received by 4:00 p.m., c.d.t. on August 14, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Arthur
[[Page 40774]]
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 address 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.
Mississippi 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 May 6, 1997 (Administrative Record No. MS-0338),
Mississippi submitted a proposed amendment to its program pursuant to
SMCRA. Mississippi submitted the proposed amendment in response to the
required amendment at 30 CFR 924.16. On March 10, 1997, the Governor of
Mississippi signed Senate Bill No. 2725, which contains both
substantive and nonsubstantive changes to the Mississippi Surface Coal
Mining and Reclamation Law (Mississippi Code of 1972). The full text of
the proposed program amendment submitted by Mississippi is available
for public inspection at the locations listed above under ADDRESSES. A
brief discussion of the proposed amendment is presented below.
A. Nonsubstantive Changes to the Mississippi Code of 1972
Mississippi proposes minor wording changes, citation corrections,
revised paragraph notations, and other organizational changes resulting
from this amendment throughout its statutes, including the following
sections: Sec. 53-9-3, Legislative findings and declarations; Sec. 53-
9-5, Purpose; Sec. 53-9-19, Financial interest of persons employed
under this chapter--penalty--monitoring and enforcement; Sec. 53-9-21,
Surface coal mining and reclamation permit--term--extensions--use by
successor in interest--termination; Sec. 53-9-49, Authorized departures
from performance standards; Sec. 53-9-51, Records, reports and
equipment to be maintained by permittees--evaluation of results--
specification of monitoring sites--entry and inspection--release of
materials to public; Sec. 53-9-61, Criminal penalties--resisting,
preventing, impeding, or interfering with performance of duties;
Sec. 53-9-63, Nonexclusivity of penalty provisions; Sec. 53-9-73,
Cooperation with secretary of interior; Sec. 53-9-75, Application of
chapter to public corporations; Sec. 53-9-83, Lease of state coal
deposits; Sec. 53-9-85, Enforcement and protection of water rights; and
Sec. 53-9-87, Training, examination, and certification of persons
responsible for blasting.
B. Statutes Removed From the Mississippi Code of 1972
The following statutes were repealed: Sec. 53-9-13, Creation of
surface mining and reclamation operations section; Sec. 53-9-15,
Creation of surface mining review board; Sec. 53-9-17, Director of
bureau of geology and energy resources--powers and duties; Sec. 53-9-
59, Criminal penalties--failure to make or making of false statement,
representation or certification; Sec. 53-9-79, Review board--judicial
review of decision; and Sec. 53-9-91, Fees.
C. Substantive Changes to the Mississippi Code of 1972
1. Section 53-9-7, Definitions. Mississippi amended its definition
section by deleting old terms, adding new terms, and revising existing
terms as follows:
The following previously approved defined terms were removed:
Sec. 53-9-7(a), Act; Sec. 53-9-7(b), Administrator; Sec. 53-9-7(d),
Bureau; Sec. 53-9-7(e), Chief; Sec. 53-9-7(i), Director; Sec. 53-9-
7(j), Division; Sec. 53-9-7(r), Public Law 95-87; Sec. 53-9-7(t),
Review board; and Sec. 53-9-7(u), Section.
A definition for the term ``Appeal'' was added at Sec. 53-9-7(a) to
mean ``an appeal to an appropriate court of the state taken from a
final decision of the permit board or commission made after a formal
hearing before that body.''
At Sec. 53-9-7(b), the term ``Approximate original contour'' was
revised by adding language which allows water impoundments on reclaimed
areas if the permit board determines that the impoundments are in
compliance with Sec. 53-9-45(2)(g).
At Sec. 53-9-7(c), the terminology ``As recorded in the minutes of
the permit board'' was defined as ``the date of the permit board
meeting at which the action concerned is taken by the permit board.''
At Sec. 39-9-7(d), the term ``Coal'' was revised to mean
``combustible carbonaceous rock, classified as anthracite, bituminous,
subbituminous, or lignite by the American Society of Testing and
Materials.''
At Sec. 53-9-7(e), the term ``Commission'' was revised to mean
``the Mississippi Commission on Environmental Quality.''
At Sec. 53-9-7(f), the term ``Department'' was revised to mean
``the Mississippi Department of Environmental Quality.''
At Sec. 53-9-7(g), the term ``Executive Director'' was defined as
``the executive director of the department.''
At Sec. 53-9-7(i), the term ``Federal Act'' was defined as ``the
Surface Mining Control and Reclamation Act of 1977, as amended, which
is codified as Section 1201 et seq. of Title 30 of the United States
Code.''
At Sec. 53-9-7(j), the term ``Formal hearing'' was defined to mean
``a hearing on the record, as recorded and transcribed by a court
reporter, before the commission or permit board where all parties to
the hearing are allowed to present witnesses, cross-examine witnesses
and present evidence for inclusion into the record, as appropriate
under rules promulgated by the commission or permit board.''
A definition for ``Interested party'' was added at Sec. 53-9-7(l)
to mean ``any person claiming an interest relating to the surface coal
mining operation and who is so situated that the person may be affected
by that operation, or in the matter of regulations promulgated by the
commission, any person who is so situated that the person may be
affected by the action.''
At Sec. 53-9-7(m), the term ``Lignite'' was defined as
``consolidated lignite coal having less than eight thousand three
hundred (8,300) British thermal units per pound, moist and mineral
matter free.''
At Sec. 53-9-7(p), the term ``Permit area'' was revised by adding
the requirement that the permit area be
[[Page 40775]]
covered by the operator's performance bond.
At Sec. 53-9-7(q), the term ``Permit board'' was defined to mean
the permit board created under Section 49-17-28.''
At Sec. 53-9-7(r), the term ``Person'' was revised by adding a
joint venture, cooperative, and any agency, unit or instrumentality of
federal, state or local government, including any publicly owned
utility or publicly owned corporation to those who are considered a
person.
The terms ``Public hearing,'' ``informal hearing,'' or ``public
meeting'' were defined at Sec. 53-9-7(t) to mean ``a public forum
organized by the commission, department or permit board for the purpose
of providing information to the public regarding a surface coal mining
and reclamation operation or regulations proposed by the commission and
at which members of the public are allowed to make comments or ask
questions or both of the commission, department or the permit board.''
At Sec. 53-9-7(v), the term ``Revision'' was defined to mean ``any
change to the permit or reclamation plan that does not significantly
change the effect of the mining operation on either those persons
impacted by the permitted operations or on the environment, including,
but not limited to, incidental boundary changes to the permit area or a
departure from or change within the permit area, incidental changes in
the mining method or incidental changes in the reclamation plan.''
The term ``State geologist'' was defined at Sec. 53-9-7(x) to mean
``the head of the office of geology and energy resources of the
department or a successor office.''
At Sec. 53-9-7(aa), the terminology ``Unwarranted failure to
comply'' was revised to mean ``the failure of a permittee to prevent or
abate the occurrence of any violation of a permit, this chapter or any
regulations promulgated under this chapter due to indifference, lack of
diligence or lack of reasonable care.''
2. Section 53-9-9, General Responsibilities of the Department of
Environmental Quality, the Commission on Environmental Quality, and the
Permit Board. The Department of Environmental Quality is designated as
the agency to administer the Mississippi program. The Commission on
Environmental Quality is designated as the body to enforce the
Mississippi program, including the issuance of penalty orders,
promulgation of regulations, and designation of lands unsuitable for
surface coal mining. The Permit board is designated as the body to
issue, modify, revoke, transfer, suspend, and reissue permits and to
require, modify or release performance bonds.
3. Section 53-9-11, Promulgation of Rules and Regulations by
Commission on Environmental Quality. Section 53-9-11(1) was revised to
clarify the Commission on Environmental Quality's (commission)
authority and responsibilities for rules and regulations. The
commission may adopt, modify, repeal, and promulgate rules and
regulations after notice and hearing and in accordance with the
Mississippi Administrative Procedures Law. The commission may also
enforce rules and regulations and make exceptions to and grant
exemptions and variances from them where not otherwise prohibited by
Federal or State law. No exceptions, exemptions or variances shall be
less stringent than rules and regulations promulgated under SMCRA.
Section 53-9-11(1)(a)(iv) was revised to reflect changes in and add
to the list of State agencies that are to receive notice of the public
hearing that is required before the adoption of any rules and
regulations.
Section 53-9-11(1)(b) was revised by requiring the publication of
the notice of the public hearing in one newspaper instead of three.
Section 53-9-11(2) was revised by adding a provision specifying
that failure of any person to submit comments within the time period
established by the commission would not preclude action by the
commission.
4. Section 53-9-23, Permit Reissuance. Section 53-9-23(3) was
revised by adding a provision that allows an operator, if the
application was timely filed, to continue surface coal mining
operations until the permit board takes action on his reissuance
application.
5. Section 53-9-25, Application fee--contents of application--
Insurance Coverage--Blasting Plan. Section 53-9-25(1)(a) was revised to
require information regarding ownership and performance history of the
applicant. Also required is a statement as to whether the applicant,
subsidiary, affiliate or persons controlled by or under common control
with the applicant had held a mining permit which in the five-year
period before filing of the application had been suspended or revoked
or the performance bond forfeited.
Section 53-9-25(2)(b) was revised to require that the insurance
policy include compensation to persons damaged as a result of surface
coal mining and reclamation operations, including use of explosives,
and entitled to compensation under applicable State law.
Section 53-9-25(3) was added to require the applicant to file a
list of administrative orders or notices of violation issued under the
State act, the law of any state or the United States, any rule or
regulation of any department or agency of any state or the United
States, related to air or water environmental protection, incurred by
the applicant in connection with any surface coal mining operation
during the three-year period preceding the filing date of the
application. The list also must indicate the final resolution of any
orders or notices. This new provision also specifies the conditions and
circumstances for which the Permit board will issue or not issue a
permit after its review of the applicant and operator's violation
history.
6. Section 53-9-27, Filing of Application. Mississippi revised
Sec. 53-9-27 by requiring an applicant to file a copy of the
application for public inspection within 10 days after filing with the
permit board and by clarifying the type of information that the
applicant may omit from the application filed for public inspection if
the commission determines the information to be confidential under
Sec. 53-9-43.
7. Section 53-9-29, Reclamation Plan. Section 53-9-29(1) was
revised by adding the requirement that a reclamation plan include an
identification of lands subject to surface coal mining operations over
the estimated life of those operations.
At Sec. 53-9-29(5), the applicant must also include in the
reclamation plan the steps to be taken to comply with the performance
standards applicable to reclamation.
8. Section 53-9-31, Filing, Deposit, and Adjustment of Bond--
Requirement of Surety--Liability Under Bond. Section 53-9-31(1) was
revised by adding the requirements that the performance bond be filed
before the issuance of a permit and that the amount of the bond be
determined by the permit board after consultation with the state
geologist.
Section 53-9-31(2) was revised by adding ``letters of credit'' to
the types of bond allowed in lieu of a surety bond. The banks which
issue the alternative types of bond must be insured by the Federal
Deposit Insurance Corporation or the Federal Savings and Loan Insurance
Corporation or a similar federal banking or savings and loan insurance
organization.
9. Section 53-9-33, Requisites for Approval of Application for
Permit--Schedule of Notices of Violation--Permit to Mine on Prime
Farmland.
[[Page 40776]]
Section 53-9-33 is amended to authorize the permit board to issue,
deny, or modify a permit based upon a complete application and to
specify general requirements for issuance or modification of a permit,
including public notification and opportunity for public hearing. The
applicant for a permit or modification of a permit shall have the
burden of establishing that the application is in compliance with the
requirements of the Mississippi program.
New subsection 53-9-33(4) specifies that no transfer, assignment or
sale of the rights granted under any permit shall be made without
approval of the permit board.
New subsection 53-9-33(5) requires the permit board to review
outstanding permits and allows the permit board to require reasonable
modification of the permit provisions during the term of the permit.
10. Section 53-9-35, Permit Revisions. This section was revised by
specifying that a decision by the executive director to grant or deny a
revision of a permit shall be subject to formal hearing and appeal.
Existing subsections (2) and (3) were removed and the substantive
provisions added to Sec. 53-9-33.
11. Section 53-9-37, Advertisement of Land Ownership--Public
Comment on Intention to Mine or Objections to Application for Permit--
Informal Conferences--Authority of Administrator to Conduct Hearings.
Several modifications were made to this section regarding the
notification and publication requirements for a permit application and
requirements for public hearings, including the following:
At the time of submission, the applicant shall place the notice of
land ownership and location in a local and regional newspaper of
general circulation in the county in which the proposed mine is to be
located. If no local newspaper of general circulation in the county is
published, notice shall be published in a regional newspaper and in a
newspaper of general statewide circulation published in Jackson,
Mississippi.
The failure of any person to submit comments within the time
established by the commission shall not preclude action by the
commission.
Any interested party may request a public hearing within 45 days
after the last publication of the newspaper notice. The permit board
shall hold a public hearing in the county of the proposed surface coal
mining and reclamation operations within 90 days after receipt of the
first request for a public hearing. The public hearing shall be
advertised once a week for four consecutive weeks with the last notice
being published at least 30 days before the scheduled public hearing
date. Any person requesting transcription of the hearing record shall
bear the costs of the transcription. Upon request by an interested
party who requested a public hearing, the permit board shall arrange
reasonable access to the area of the proposed operation for the purpose
of gathering information relevant to the proceeding. Access may not be
provided before the public hearing if requested in less than one week
of the hearing.
The permit board shall act upon a complete permit application
within 60 days after the date of the public hearing. If no public
hearing is requested or required, the permit board shall act within 60
days after the last publication of the applicant's newspaper notice.
The time frames may be extended if agreed in writing by the department
and the applicant.
12. Section 53-9-39, Disposition of Application for Permit--Manner
of Notifying Interested Parties--Hearing Before Permit Board and
Notification of Decision--Temporary Relief--Right to Judicial Appeal.
Several modifications were made to this section regarding notification
of the action taken by the permit board on a permit application,
administrative review of the action, and appeal of the final action,
including the following:
Within 14 days after issuing or denying a permit or granting or
denying a modification to an existing permit, the permit board shall
notify by mail the applicant, the mayor of each municipality and the
president of the board of supervisors of each county in which the
permit area is located, persons who submitted written comments, and
persons who requested the public hearing. The notification shall
include a description of the permit area and a summary of the mining
and reclamation plan. If the permit board denies the permit, it shall
provide the applicant in writing specific reasons for the denial.
Within 45 days after the action of the permit board, the applicant
or any other interested party may request a formal hearing. If the
permit board fails to take action within the time allowed under
Sec. 53-9-37, any interested party may request a formal hearing on that
failure to act. Any formal hearing shall be conducted within 60 days
after receipt of the first request for a formal hearing. At the
conclusion of the formal hearing or within 30 days after the formal
hearing, the permit board shall enter in its minutes a final decision
affirming, modifying and reversing its prior decision to issue or deny
the permit. The permit board shall mail within seven days after its
final decision a notice of that decision to the applicant and all
persons who participated as a party in the formal hearing. The
deadlines may be extended by written agreement of the parties.
13. Section 53-9-41, Coal Exploration Permit. This section was
modified by deleting language regarding confidential information. The
language on confidential information was added to Sec. 53-9-43.
14. Section 53-9-43, Confidentiality of Information. This section
was modified by removing the existing language regarding issued permits
meeting all applicable performance standards and by adding language on
the confidentiality of information. The deleted language was added to
Sec. 53-9-45. Section 53-9-43 now authorizes the commission to
determine confidentiality claims and to provide penalties for
unauthorized disclosure of confidential information. The applicant must
submit a written confidentiality claim to the commission before the
submission of the information. The commission shall promulgate rules
and regulations consistent with the Mississippi Public Records Act
regarding access to confidential information. A person convicted of
making unauthorized disclosures shall be fined $1,000 and dismissed
from public office or employment.
15. Section 53-9-45, Promulgation of Regulations and Performance
Standards Relating to Surface Mining--Variances. This section was
modified to require surface coal mining and reclamation permits to meet
general environmental protection performance standards by adding the
language from existing Sec. 53-9-43.
It was also amended to make various clarifying language revisions
to the existing provisions concerning the general environmental
protection performance standards that the commission shall promulgate
by regulations, including the following:
At Sec. 53-9-45(2)(c), the regulations shall assure restoration of
the approximate original contour of the land with all highwalls, spoil
piles and depressions eliminated, unless an exception is provided under
Sec. 53-9-45.
At Sec. 53-9-45(2)(g), the operator may elect to impound water to
provide lakes or ponds for wildlife, recreational or water supply
purposes if it is a part of the approved mining and reclamation plan
and if those impoundments are constructed in accordance with applicable
Federal and state laws and regulations.
[[Page 40777]]
At Sec. 53-9-45(2)(h), the regulations shall govern the proper
conduct of augering operations or prohibit those operations under
certain circumstances.
At Sec. 53-9-45(4)(b)(ii), additional criteria was added for a
variance from the requirement to restore to approximate original
contour and to reclaim the land to an industrial, commercial,
residential or public use. Notification must be made to appropriate
Federal, state, and local governmental agencies providing an
opportunity to comment on the proposed use; the proposed postmining
land use must be compatible with adjacent land uses and state and local
and land use planning; and the proposed postmining land use must be
economically practical.
16. Section 53-9-47, Promulgation of Regulations Relating to
Surface Effects of Underground Coal Mining. This section was amended to
make various clarifying language revisions to the existing provisions
concerning the surface effects of underground coal mining operations
that the commission may promulgate by regulations, including the
following:
At Sec. 53-9-47(1), the commission is now given the option of
promulgating regulations regarding the surface effects of underground
coal mining operations.
Section 53-9-47(2)(d) was revised by clarifying the contents of the
waste piles that must be stabilized. The operator must stabilize all
waste piles containing mine wastes, tailings, coal processing wastes,
and other wastes in areas other than the mine workings or excavations.
17. Section 53-9-53, Mine Entrance Sign. This section was revised
by adding additional information that the mine entrance sign must
contain. The signs must also state that questions and complaints
regarding the operation may be directed to the department and it must
show the department's telephone number.
18. Section 53-9-55, Civil Penalties. This section was amended to
add new provisions and make various clarifying language revisions to
the existing provisions concerning administrative enforcement and
assessment of civil penalties, including the following:
Section 53-9-55(1)(a) authorizes the commission to issue a written
compliant for violations of the Mississippi program. It specifies the
content of the written complaint and requires the alleged violator to
appear before the commission not less than 20 days from the date of the
mailing or service of the complaint. Section 53-9-55(1)(b) requires the
commission to offer an opportunity for a formal hearing, and allows the
commission to assess penalties. Section 53-9-55(1)(c) specifies the
requirements for proof of service for notices or other instruments
issued by or under authority of the commission.
Section 53-9-55(2) authorizes the commission, after notice and
opportunity for a formal hearing, to assess a civil penalty not to
exceed $25,000 per violation. If a cessation order is issued under
Section 53-9-69, the commission shall assess a civil penalty.
Section 53-9-55(3) is revised to allow the commission to promulgate
regulations regarding a waiver from the requirement to post a penalty
payment bond upon a showing by the operator of an inability to post the
bond.
Section 53-9-55(5) is revised to also allow civil penalties to be
recovered in a civil action in the chancery or circuit court of any
county in which the surface coal mining and reclamation operation
exists or in which the defendant may be found.
New Sec. 53-9-55(6) specifies that ``provisions of this section and
chapter regarding liability for the costs of clean-up, removal,
remediation or abatement of any pollution, hazardous waste or solid
waste shall be limited as provided in Sec. 49-17-42 and rules
promulgated under that section.''
19. Section 53-9-57, Criminal Penalties. This section was revised
to provide criminal penalties for making false statements,
representations, and certifications.
20. Section 53-9-65, Bond Release and Bond Forfeiture. Section 53-
9-65 was revised to authorize the permit board to release performance
bonds, to clarify the existing public hearing provisions, to provide
for administrative review and appeal of decisions of the permit board,
and to establish a procedure for bond forfeiture.
21. Section 53-9-67, Civil Action. Existing Sec. 53-9-67(b),
regarding a civil action by a person who is injured in his person or
property through a violation by an operator, was removed. New Sec. 53-
9-67(6) specifies that ``provisions of this section and chapter
regarding liability for the costs of clean-up, removal, remediation or
abatement of any pollution, hazardous waste or solid waste shall be
limited as provided in Sec. 49-17-42 and rules promulgated under that
section.''
22. Section 53-9-69, Inspection--Cessation Order--Suspension or
Revocation of Permit--Hearing. This section was amended to revise
existing procedures for inspections; issuance of enforcement orders of
the Commission on Environmental Quality, Executive Director or the
Executive Director's authorized representative; suspension and
revocation of permits by the permit board; formal hearings regarding
enforcement and suspension and revocation of permits; and civil actions
to enforce orders.
23. Section 53-9-71, Designation of Lands as Unsuitable for Surface
Coal Mining Operations. Section 53-9-71 was amended to modify the
procedures for petitioning to designate lands unsuitable for surface
coal mining and reclamation and to revise the provisions for public
hearings and formal hearings.
24. Section 53-9-77, Formal Hearings. This section was amended to
provide for administrative review and appeal of decisions of the permit
board and commission and to provide for the powers of the permit board
and the commission in conducting hearings.
25. Section 53-9-81, Exceptions. The existing provision at Sec. 53-
9-81(c), concerning the extraction of coal incidental to the extraction
of other materials, was removed.
26. Section 53-9-89, Deposit of Funds. Section 53-9-89 was amended
to create the ``Surface Coal Mining and Reclamation Fund''; to create
the ``Surface Coal Mining Program Operations Account'' and the
``Surface Coal Mining Reclamation Account within the fund; to provide
for use of the accounts; and to require certain funds to be deposited
into the fund. Monies in the ``Surface Coal Mining Program Operations
Account'' are to be used to pay the reasonable direct and indirect
costs of administering and enforcing the Mississippi program. Monies in
the ``Surface Coal Mining Reclamation Account'' are to be used to pay
for the reclamation of lands for which bonds or other collateral were
forfeited. The ``Surface Coal Mining Program Operations Account'' may
receive monies from any available public or private source. The
``Surface Coal Mining Reclamation Account'' may receive monies from
fines, penalties, the proceeds from the forfeiture of bonds or other
collateral and interest.
D. Statues Added to the Mississippi Code of 1972
1. Section 53-9-26, Small Operator Assistance Program. This new
section authorizes the Mississippi Department of Environmental Quality
to provide assistance to small operators of surface coal mines.
2. Section 53-9-28, Permit Fees. This new section requires permit
fees for surface coal mining and reclamation permits and authorizes the
Mississippi Commission on Environmental Quality to set those fees.
[[Page 40778]]
3. Section 53-9-32, Application Summary. This new section requires
the State Geologist (head of the Office of Geology and Energy
Resources) to prepare a plain language summary of the proposed surface
coal mining and reclamation operation based on a complete application.
The summary shall be made available to the public.
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.
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 August 14, 1997. 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 regulartory 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 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.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 21, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-19962 Filed 7-29-97; 8:45 am]
BILLING CODE 4310-05-M
