Colorado Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 906

[SPATS No. CO-034-FOR]

Colorado 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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Office of Surface Mining Reclamation and Enforcement (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, in addition to several nonsubstantive editorial

revisions, revisions to Colorado's rules pertaining to (1) the

applicability of Colorado's rules and language identifying where

referenced material may be viewed; (2) definitions; (3) the requirement

to repeal any State rule required by a Federal law or rule which is

repealed; (4) the operations plan permit application requirements; (5)

experimental practices; (6) the right of successive permit renewal; (7)

transfer, assignment or sale of permit rights; (8) terms and conditions

of an irrevocable letter of credit; (9) performance standards for

sedimentation ponds; (10) embankment design for sedimentation ponds;

(11) sign and markers for temporary and permanent cessation of

operations; (12) availability of records; and (13) a permittee's

failure to abate a violation. The amendment is intended to revise the

Colorado program to clarify ambiguities and improve operational

efficiency.

DATES: Written comments must be received by 4:00 p.m., M.D.T., April

14, 1997. If requested, a public hearing on the proposed amendment will

be held on April 7, 1997. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., M.D.T., on March 28, 1997.

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 Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Office of Surface Mining

Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver,

Colorado 80202-5733

Michael B. Long, Director, Division of Minerals and Geology, Department

of Natural Resources, 1313 Sherman St., Room 215, Denver, Colorado

80203, Telephone: (303) 866-3567

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-

1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program

On December 15, 1980, the Secretary of the Interior conditionally

approved

[[Page 11806]]

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, and 906.16.

II. Proposed Amendment

By letter dated February 25, 1997, Colorado submitted a proposed

amendment (administrative record No. CO-683) to its program pursuant to

SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed

amendment at its own initiative. Colorado proposed to revise the

following provisions of the Colorado Surface Coal Mining Reclamation

Act, Colorado Revised Statutes (C.R.S.):

C.R.S. 34-33-1.01 and 1.01(9), concerning applicability of

Colorado's rules, to include the statements, respectively, that ``[a]

written statement on the basis and purpose of the amendments to these

Rules adopted by the Board on December 18, 1996 is hereby incorporated

in these Rules by reference pursuant to C.R.S. 1995, 24-4-103(4) and is

available at the Office of the Mined Land Reclamation Board'' and

``[a]ll materials [cited in these rules] incorporated by reference are

available for inspection at State Publications Depository Libraries,

through inter-library loan, and at the Division office located in Room

215, Centennial Building, 1313 Sherman Street, Denver, Colorado 80203.

The Division Director can provide further information regarding how the

incorporated material may be obtained or examined;''

C.R.S. 34-33-104(4), concerning the definition of ``[a]ctive mining

area,'' to remove the parenthetical reference stating ``as used in

4.05.2(7);''

C.R.S. 34-33-1.04(21), concerning definition of ``[c]oal,'' to

remove language identifying where material incorporated by reference

may be viewed;

C.R.S. 34-33-104(41), concerning the definition of ``[e]mployee,''

to add the parenthetical statement ``regarding employee financial

interests in Section 1.10;''

C.R.S. 34-33-1.13, concerning the requirement to repeal any State

rule required by a Federal law or rule which is repealed, to require

that the repeal of the State rule become effective ninety, rather than

sixty, days after publication of the repeal of the Federal rule in the

Federal Register;

C.R.S. 34-33-2.05.3(3)(b)(i)(D), concerning the operations plan

permit application requirements for mine facilities, to remove a

reference to ``design requirements'' where discussing exemptions for

existing structures at 2.07.6;

C.R.S. 34-33-2.05.3(3)(c)(ii), concerning the operations plan

permit application requirements for mine facilities, to correct the

referenced citations to performance standards for roads, conveyors, or

road systems;

C.R.S. 34-33-2.06.2(3), concerning experimental practices, to

require the approval of the Director of OSM as the authorized

representative of the Secretary of the United States Department of

Interior;

C.R.S. 34-33-2.06.6(2)(a)(i), concerning requirements for permit

applications involving prime farmlands, to delete language identifying

where referenced material may be viewed;

C.R.S. 34-33-2.08.5(2)(b)(ii), concerning the right of successive

permit renewal, to require that a copy of the newspaper notice to be

placed in a local newspaper in accordance with the requirements of

2.07.3(2) with proof of publication made a part of the renewal

application not later than 4 weeks after the last date of publication;

C.R.S. 34-33-2.08.6(6), concerning transfer, assignment or sale of

permit rights, to require that (1) the Division shall initially notify

the appropriate parties of its ``proposed'' decision, (2) if no

informal hearing is requested, the Division shall issue and implement

the proposed decision as final within 5 days after the close of the 30

day period provided for the filing of a request for a formal hearing,

and (3) no permit shall be transferred until the applicant has filed a

performance bond with the Division and the Division has approved it;

C.R.S. 34-33-3.02.4(2)(d)(i), concerning terms and conditions of an

irrevocable letter of credit, to provide that the letter of credit may

be issued by a bank not located in the State of Colorado if the letter

is confirmed by a bank located in the State, or if, at the Board's

discretion, the letter is determined to be an acceptable letter of

credit;

C.R.S. 34-33-4.02.2(2) and 4.30.1(3) and 2(3), concerning signs and

markers and cessation of operations, respectively, to (1) notify OSM

that it never promulgated previously proposed and approved language

requiring the mine identification sign to include the name, address,

and telephone number of the Division office where the mining and

reclamation permit is filed, and (2) require that as soon as a

temporary cessation extends beyond 30 days or when operations have

permanently ceased, the operator shall modify the mine identification

sign to include the name, address, and telephone number of the Division

office where the mining and reclamation permit is filed, until such

time as the Division terminates jurisdiction over the surface coal

mining operation;

C.R.S 34-33-4.05.6(6)(a), concerning performance standards for

sedimentation ponds, to require that a pond meeting the size criteria

of 4.05.6(12) be designed to control, at a minimum, the probable

maximum precipitation of a 25-year 24-hour event, rather than a 24-hour

event;

C.R.S. 34-33-4.05.6(11)(h), concerning embankment design for

sedimentation ponds, to correct the referenced citation for size

criteria;

C.R.S. 34-33-5.02.4(1), concerning availability of records, to

require that (1) all but confidential information be available to the

public at the Division office and at a convenient place in the area of

mining to which the information pertains until ``the Division has

terminated jurisdiction at the surface coal mining operation, pursuant

to 3.03.3(1), and (2) after the Division has terminated jurisdiction,

copies of all but confidential information will be maintained and

available for public review, or provided promptly by mail at the

request of interested parties, for at least 5 years after the

expiration of the period during which the subject operation is active

or is covered by any portion of a reclamation bond, whichever is later;

and

C.R.S. 34-33-5.03.3(5), concerning a permittee's failure to abate a

violation, to correct the referenced citation for an order to show

cause.

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 Denver Field Office will not

necessarily be considered in the final rulemaking or included in the

administrative record.

[[Page 11807]]

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 March 28, 1997. 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 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 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 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.

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 906

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 5, 1997.

Richard J. Seibel,

Regional Director, Western Regional Coordinating Center.

[FR Doc. 97-6352 Filed 3-12-97; 8:45 am]

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