[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50177-50179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25116]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[ND-038-FOR, Amendment NO. XXVII]
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.
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SUMMARY: 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 the addition of the: definition of water
supply, and revision of existing rules on: rulemaking notices,
consolidation of information in permits, water management design plans,
annual maps, wildlife monitoring reports, subsoil removal approvals,
soil respreading requirements, sedimentation pond performance
standards, and noncoal waste disposal. In addition to the above, the
U.S. Office of Surface Mining is proposing to: remove the program
requirement at 30 CFR 934.16(n) concerning the submission of specific
fish and wildlife resource information.
The amendment is intended to revise the North Dakota program to be
consistent with the corresponding Federal regulations and incorporate
the additional flexibility afforded by the revised Federal regulations
and provide additional safeguards, and clarify ambiguities, and improve
operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t. October
21, 1998. If requested, a public hearing on the proposed amendment will
be held on October 16, 1998. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t. on October 6, 1998.
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
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amendment by contacting OSM's Casper 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, Telephone: 307/261-6550
Jim Deutsch, Director, Reclamation Division, North Dakota Public
Service Commission, Capitol Building, 600 E. Boulevard Ave., Bismarck,
North Dakota 58505-0480, Telephone: 701/328-2251
FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: 307/261-6550; Internet: [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 and 934.16.
II. Proposed Amendment
By letter dated September 2, 1998, North Dakota submitted a
proposed amendment to its program pursuant to SMCRA (Amendment number
XXVII, administrative record No. ND-BB-01, 30 U.S.C. 1201 et seq.).
North Dakota submitted the proposed amendment in response to a July 17,
1997 letter (administrative record No. ND-BB-02) that OSM sent to North
Dakota in accordance with 30 CFR 732.17(c), and in response to the
required program amendments at 30 CFR 934.16(cc) and at its own
initiative. The provisions of the North Dakota Administrative Code
(NDAC) that North Dakota proposed to revise and add were: (1) NDAC 69-
05.2-01-02.90, Replacement of water supply; (2) NDAC 69-05.2-01-03,
publication of hearing notices; (3) NDAC 69.05.2-05-09, Permit
Applications--Consolidation for multiple permit operations; (4) NDAC
69-05.2-09-09, Permit applications--Operation plans--Surface water
management--Ponds, impoundments, banks, dams, embankments, and
diversions; (5) NDAC 69-05.2-13-02, Performance standards--General
requirements--Annual map; (6) NDAC 69-05.2-13-08, Performance
standards--General requirements Protection of fish, wildlife, and
related environmental values; (7) NDAC 69-05.2-15-02, Performance
standards--Suitable plant growth material--Removal; (8) NDAC 69-05.2-
15-04, Performance standards--Suitable plant growth material--
Redistribution; (9) NDAC 69-05.2-16-09, Performance standards--
Hydrologic balance--Sedimentation ponds; and (10) NDAC 69-05.2-19-04,
Performance standards--Waste materials--Disposal of noncoal wastes. In
addition, the U.S. Office of Surface Mining is proposing to remove the
program requirement at 30 CFR 934.16(n) which would have revised NDAC
69-05.2-08-15(3)(a), to require the submission of site-specific fish
and wildlife resource information when the permit or adjacent areas are
likely to include species listed or proposed to be listed by North
Dakota under State statutes similar to the Endangered Species Act.
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 October 6, 1998. 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 requested
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 12988
The Department of the Interior had conducted the reviews required
by section 3 of Executive Order 12988 (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 State 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))
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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 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 date and
assumptions for the counterpart Federal regulations.
6. 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 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 10, 1998.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-25116 Filed 9-18-98; 8:45 am]
BILLING CODE 4310-05-M
