Mississippi Regulatory Program

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.

-----------------------------------------------------------------------

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