Colorado Regulatory Program

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;

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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]

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