Colorado Regulatory Program

SUMMARY: OSM is announcing receipt of additional explanatory

information pertaining to a previously proposed amendment to the

Colorado regulatory program (hereinafter, the ``Colorado program'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The additional explanatory information pertains to effluent limit

enforcement provisions of Colorado's proposed memorandum of

understanding (MOU) between the Division of Minerals and Geology (DMG)

of the Colorado Department of Natural Resources and the Water Quality

Control Division (WQCD) of the Colorado Department of Health for water

quality management at coal mines. The amendment is intended to revise

the Colorado program to be consistent with SMCRA and the implementing

Federal regulations.

DATES: Written comments must be received by 4:00 p.m., m.d.t., August

15, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to

Thomas E. Ehmett 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 Albuquerque Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of

Surface Mining Reclamation and Enforcement, 505 Marquette Avenue NW.,

Suite 1200, Albuquerque, New Mexico 87102

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:

Thomas E. Ehmett, 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 March 18, 1994, Colorado submitted a proposed

amendment to its program pursuant to SMCRA (administrative record No.

CO-604). Colorado submitted the proposed amendment in response to a

letter dated April 7, 1993 (administrative record No. CO-539), that OSM

sent to Colorado in accordance with 30 CFR 732.17(c). The amendment

consisted of a proposed MOU between the Colorado Department of Natural

Resources (DNR) and the Colorado Department of Health (DOH) for water

quality management at coal mines.

OSM announced receipt of the proposed amendment in the April 7,

1994, Federal Register (59 FR 16578), provided an opportunity for a

public hearing or meeting on its substantive adequacy, and invited

public comment on its adequacy (administrative record No. CO-606).

Because no one requested a public hearing or meeting, none was held.

The public comment period closed on May 9, 1994.

During its review of the proposed amendment, OSM identified (1) an

apparent contradiction between item No. 2 of the Enforcement section of

the proposed MOU and paragraphs 5.1.b and c and paragraph 5.2.b of an

August 28, 1990, memorandum of agreement (MOA) between WQCD and the

Mined Land Reclamation Board (the regulatory board of the Mined Land

Reclamation Division that has been reorganized as DMG) as to whether

DMG or WQCD was responsible for enforcing the effluent limits of 40 CFR

Part 434 (including coal mining point source discharge limitations) and

(2) a concern that 2 Code of Colorado Regulations 407.2, Rule 4.05, did

not serve as an adequate regulatory basis for DMG to enforce the 40 CFR

Part 434 effluent limitations addressed by item No. 2 of the

Enforcement section of the proposed MOU.

OSM notified Colorado of the concerns by letter dated June 16,

1994, (administrative record No. CO-627). Colorado responded in a

letter dated June 23, 1994, by submitting additional explanatory

information (administrative record No. CO-629).

Colorado indicated that the proposed MOU and MOA do not contradict

each other because item No. 2 of the Enforcement section of the

proposed MOU states that DMG is responsible for enforcing the point

source discharge effluent limitations of 40 CFR Part 434, whereas

paragraphs 5.1.b and 5.2.b of the MOA state that WQCD is responsible

for enforcing Colorado Discharge Permit System conditions, including

point source surface water discharge conditions.

Colorado also stated that it does not agree with OSM's finding that

Rule 4.05 does not provide a sufficient basis for enforcing the

effluent limitations of 40 CFR Part 434, but it did agree to include a

reference in its rules to 40 CFR Part 434 in a forthcoming State

program amendment.

III. Public Comment Procedures

Written Comments

OSM is reopening the comment period on the proposed Colorado

program amendment to provide the public an opportunity to reconsider

the adequacy of the proposed amendment in light of the additional

materials submitted. 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.

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 Albuquerque Field Office

will not necessarily be considered in the final rulemaking or included

in 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 12550) 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 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.

V. List of Subjects in 30 CFR Part 906

Intergovernmental relations, Surface mining, Underground mining.

Dated: July 21, 1994.

Peter A. Rutledge,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-18501 Filed 7-28-94; 8:45 am]

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