Mississippi Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-013-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.

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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). Mississippi is proposing to replace all of its currently

approved regulations for surface coal mining and reclamation operations

with new regulations. The amendment is intended to revise the

Mississippi program to be consistent with the corresponding Federal

regulations, provide additional safeguards, 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., May 14,

[[Page 18174]]

1998. If requested, a public hearing on the proposed amendment will be

held on May 11, 1998. Requests to speak at the hearing must be received

by 4:00 p.m, c.d.t. on April 29, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Arthur 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 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 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.

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 March 26, 1998 (Administrative Record No. MS-0355),

Mississippi submitted a proposed amendment to its program pursuant to

SMCRA. Mississippi submitted the proposed amendment in response to

letters dated May 20, 1996, January 6, 1997, and June 17, 1997

(Administrative Record Nos. MS-0333, MS-0336, and MS-0339,

respectively) that OSM sent to Mississippi in accordance with 30 CFR

732.17(c); in response to the required program amendments at 30 CFR

924.16(a) and (e); and at its own initiative. Mississippi proposes to

amend its program by replacing the Mississippi Surface Coal Mining

Regulations at Parts 100 through 250 with the State of Mississippi

Surface Coal Mining Regulations at Subpart I, Chapters 1 through 7;

Subpart II, Chapters 9 through 15; Subpart III, Chapters 17 through 37;

Subpart IV, Chapters 39 through 47; and Subpart V, Chapters 49 through

71. The full text of the proposed program amendment submitted by

Mississippi is available for public inspection at the locations listed

above under ADDRESSES. Following is the table of contents for the

proposed Mississippi regulations.

Subpart I. General Information

Chapter 1. General

Sec.

101 Authority

103 Responsibility

105 Definitions

107 Applicability

109 Petitions to Initiate Rulemaking

111 Notice of Citizen Suits

113 Availability of Records

115 Computation of Time

Chapter 3. Permanent Regulatory Program

Sec.

301 Authority

303 Applicability

Chapter 4. Exemption of Coal Extraction of Other Minerals

Sec.

401 Scope

403 Definitions

405 Application Requirements and Procedures

407 Contents for Application for Exemption

409 Public Availability of Information

411 Requirements for Exemptions

413 Conditions of Exemption and Right of Inspection and Entry

415 Stockpiling of Minerals

417 Revocation and Enforcement

419 Reporting Requirements

Chapter 5. Restriction of Financial Interests of Employees

Sec.

501 Authority

503 Responsibility

505 Penalties

507 Who Shall File

509 When to File

511 Where to File

513 What to Report

515 Gifts and Gratuities

517 Resolving Prohibited Interest

519 Appeals Procedure

Chapter 7. Exemption for Coal Extraction Incident to Government-

financed Highway or Other Construction

Sec.

701 Responsibility

703 Applicability

705 Information to be Maintained on Site

Subpart II. Areas Unsuitability for Mining

Chapter 9. General

Sec.

901 Authority

903 Responsibility

Chapter 11. Areas Designated by Act of Congress

Sec.

1101 Authority

1103 Responsibility

1105 Areas Where Mining Is Prohibited or Limited

1107 Procedures

Chapter 13. Criteria For Designating Lands as Unsuitable for

Surface Coal Mining Operations

Sec.

1301 Responsibility

1303 Criteria For Designating Lands as Unsuitable

1305 Land Exempt From Designation as Unsuitable for Surface Coal

Mining Operations

1307 Exploration or Development on Land Designated as Unsuitable

for Surface Coal Mining Operations

Chapter 15. State Process For Designating Areas Unsuitable for

Surface Coal Mining Operations

Sec.

1501 Procedures: Petitions

1503 Procedures: Initial Processing, Record Keeping, and

Notification Requirements

1505 Procedures: Hearing Requirements

1507 Procedures: Decision

1509 Data Base and Inventory System Requirements

1511 Public Information

1513 Responsibility for Implementation

Subpart III. Surface Coal Mining and Reclamation Operations Permits and

Coal Exploration and Development Procedures Systems

Chapter 17. General Requirements for Permit or Exploration

Procedure Systems

Sec.

1701 Responsibilities

1703 Applicability

1705 Coordination with Requirements Under Other Laws

Chapter 19. General Requirements for Permits and Permit

Applications

Sec.

1901 General Requirements for Permits: Operators

1903 Compliance with Permits

1905 Permit Filing Application Deadlines

1907 Permit Applications: General Requirements for Format and

Contents

1909 Permit Fees

1911 Verification of Application

Chapter 21. Coal Exploration and Development

Sec.

2101 Notice Requirements for Exploration Removing 250 Tons of Coal

or Less

2103 Permit Requirements for Exploration Removing More than 250

Tons of Coal, or Occurring on Lands Designated as Unsuitable for

Surface Coal Mining Operations.

2105 Coal Exploration Compliance Duties

2107 Commercial Use or Sale

2109 Public Availability of Information

[[Page 18175]]

Chapter 23. Surface Mining and Permit Applications: Minimum

Requirements for Legal, Financial, Compliance and Related

Information

Sec.

2301 Responsibility

2303 Applicability

2305 Identification of Interests

2307 Compliance Information

2309 Right of Entry and Operation Information

2311 Relationship to Areas Designated Unsuitable for Mining

2313 Permit Term Information

2315 Personal Injury and Property Damage Insurance Information

2317 Identification of Other Licenses and Permits

2319 Identification of Location of Public Office for Filing of

Application

2321 Newspaper Advertisement and Proof of Publication

2323 Facilities or Structures Used in Common

2325 Additional Information

Chapter 25. Surface Mining and Permit Applications: Minimum

Requirements for Information on Environmental Resources

Sec.

2501 Responsibilities

2503 General Requirements

2505 General Environmental Resources Information

2507 Description of Hydrology and Geology: General Requirements

2509 Geology Description

2511 Groundwater Information

2513 Surface-water Information

2515 Supplemental Information

2517 Baseline Cumulative Impact Area Information

2519 Modeling

2521 Alternative Water Source Information

2523 Probable Hydrologic Consequences Determination

2525 Cumulative Hydrologic Impact Assessment

2527 Climatological Information

2529 Vegetation Information

2531 Soil Resources Information

2533 Land Use Information

2535 Maps: General Requirements

2537 Cross-sections, Maps and Plans

2539 Prime Farmland Investigation

Chapter 27. Surface Mining Permit Applications: Minimum

Requirements for Reclamation and Operation

Sec.

2701 Responsibilities

2703 Operation Plan: General Requirements

2705 Operation Plan: Existing Structures

2707 Operation Plan: Blasting

2709 Operation Plan: Maps and Plans

2711 Air Pollution Control Plan

2713 Fish and Wildlife Plan

2715 Reclamation Plan: General Requirements

2717 Reclamation Plan: Protection of Hydrologic Balance

2719 Groundwater Monitoring Plan

2721 Surface-water Monitoring Plan

2723 Reclamation Plan: Post-mining Land Uses

2725 Reclamation Plan: Siltation Structures, Impoundments, Banks,

Dams and Embankments

2727 Reclamation Plan: Surface Mining near Underground Mining

2729 Diversions

2731 Protection of Public Parks and Historic Places

2733 Relocation or Use of Public Roads

2735 Disposal of Excess Spoil

2737 Road Systems

2739 Support Facilities

Chapter 29. Requirements for Permits for Special Categories of

Mining

Sec.

2901 Experimental Practices Mining

2903 Steep Slope Mining

2905 Permits Incorporating Alternatives from Approximately Original

Contour Restoration Requirements for Steep Slope Mining

2907 Prime Farmlands

2909 Coal Processing Plants or Support Facilities Not Located

Within the Permit Area of a Specified Mine

2911 In Situ Processing Activities

Chapter 31. Public Participation, Approval of Permit Applications

and Permit Terms and Conditions

Sec.

3101 Responsibilities

3103 Public Notices of Filing of Permit Applications

3104 Revisions of Permits

3105 Opportunity for Submission of Written Comments on Permit

Applications

3107 Right to File Written Objections

3109 Public Hearings

3111 Public Availability of Information in Permit Applications on

File with the Office

3113 Review of Permit Applications

3115 Criteria for Permit Approval or Denial

3117 Criteria for Permit Approval or Denial: Existing Structures

3119 Permit Approval or Denial Actions

3121 Permit Terms

3123 Conditions of Permits: General and Right of Entry

3125 Conditions of Permits: Environmental, Public Health and Safety

3127 Improvidently Issued Permits: General Procedures

3129 Improvidently Issued Permits: Revocation Procedures

3131 Verification of Ownership or Control Application Information

3133 Review of Ownership or Control and Violation Information

3135 Procedures for Challenging Ownership or Control Links Shown in

AVS

3137 Standards for Challenging Ownership or Control Links and the

Status of Violations

Chapter 33. Administrative and Judicial Review of Permit Decisions

Sec.

3301 Formal Hearing

3303 Judicial Review

Chapter 35. Permit Reviews and Renewals, and Transfer, Sale and

Assignment of Rights Granted Under Permits

Sec.

3501 Responsibilities

3503 Department Review of Outstanding Permits

3505 Permit Modifications and Revisions

3507 Permit Renewals: General Requirements

3509 Permit Renewals: Completed Applications

3511 Permit Renewals: Terms

3513 Permit Renewals: Approval or Denial

3515 Transfer, Assignment or Sale of Permit Rights: General

Requirements

3517 Transfer, Assignment or Sale of Permit Rights: Obtaining

Approval

Chapter 37. Small Operator Assistance

Sec.

3701 Authority

3703 Responsibilities: General

3705 Eligibility for Assistance

3707 Filing for Assistance

3709 Application Approval and Notice

3711 Program Services and Data Requirements

3713 Qualified Laboratories

3715 Assistance Funding

3717 Applicant Liability

Subpart IV. Bond and Insurance Requirements for Surface Coal Mining and

Reclamation Operations

Chapter 39. General Requirements of Bonding of Surface Coal Mining

and Reclamation Operations Under Regulatory Program

Sec.

3901 Requirements to File a Bond

3903 Requirements to File Certificate of Liability Insurance

3905 Responsibilities

Chapter 41. Amount and Duration of Performance Bond

Sec.

4101 Determination of Bond Amount

4103 Minimum Amount

4105 Period of Liability

4107 Adjustment of Amount

Chapter 43. Form, Conditions and Terms of Performance Bonds and

Liability Insurance

Sec.

4301 Form and Performance of Bond

4303 Terms and Condition of the Bond

4305 Self Bonding

4307 Replacement of Bonds

4309 Terms and Conditions for Liability Insurance

Chapter 45. Procedures, Criteria and Schedule for Release of

Performance Bond

Sec.

4501 Procedures for Seeking Release of Performance Bond

4503 Criteria and Schedule for Release of Performance Bond

Chapter 47. Performance Bond Forfeiture Criteria and Procedures

Sec.

4701 General

4703 Procedures

4705 Criteria for Forfeiture

4707 Determination of Forfeiture Amount

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Subpart V. Permanent Program Performance Standard

Chapter 49. Permanent Program Performance Standards: General

Provisions

Sec.

4901 Responsibility

Chapter 51. Permanent Program Performance Standards: Coal

Exploration and Development Operations

Sec.

5101 General Responsibility of Persons Conducting Coal Exploration

or Development

5103 Required Documents

5105 Performance Standards for Coal Exploration or Development

Chapter 53. Permanent Program Performance Standards for Surface

Mining Activities

Sec.

5301 Signs and Markers

5303 Casing and Sealing of Drilled Holes: General Requirements

5305 Casing and Sealing of Drilled Holes: Temporary

5307 Casing and Sealing of Drilled Holes: Permanent

5309 Topsoil: General Requirements

5311 Topsoil and Subsoil

5313 Hydrologic Balance: General Requirements

5315 Hydrologic Balance: Water Quality Standards and Effluent

Limitations

5317 Hydrologic Balance: Diversions

5319 Hydrologic Balance: Sediment Control Measures

5321 Hydrologic Balance: Siltation Structures

5323 Hydrologic Balance: Discharge Structures

5325 Hydrologic Balance: Acid-forming and Toxic-forming Materials

5327 Hydrologic Balance: Impoundments

5329 Hydrologic Balance: Groundwater Protection

5331 Hydrologic Balance: Surface-water Protection

5333 Hydrologic Balance: Surface- and Ground-water Monitoring

5335 Hydrologic Balance: Transfer of Wells

5337 Hydrologic Balance: Water Rights and Replacement

5339 Hydrologic Balance: Discharges into an Underground Mine

5341 Hydrologic Balance: Post-mining Rehabilitation of

Sedimentation Ponds, Diversions, Impoundments and Treatment

Facilities

5343 Hydrologic Balance: Stream Buffer Zones

5345 Coal Recovery

5347 Use of Explosives: General Requirements

5349 Use of Explosives: Pre-blasting Survey

5351 Use of Explosives: Blasting Schedule

5353 Use of Explosives: Blasting Signs, Warnings and Access Control

5355 Use of Explosives: Control of Adverse Effects

5357 Use of Explosives: Records of Blasting Operations

5359 Disposal of Excess Spoil: General Requirements

5361 Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills

5363 Disposal of Excess Spoil: Durable Rock Fills

5365 Disposal of Excess Spoil: Preexisting Benches

5367 Protection of Underground Mining

5369 Coal Mine Waste: General Requirements

5371 Coal Mine Waste: Refuse Piles

5373 Coal Processing Waste: Burning and Burned Waste Utilization

5375 Disposal of Noncoal Wastes

5377 Coal Mine Waste: Impounding Structures

5379 Stabilization of Surface Areas

5381 Air Resources Protection

5383 Protection of Fish, Wildlife and Related Environmental Values

5385 Slides and Other Damages

5387 Contemporaneous Reclamation

5389 Backfilling and Grading: Time and Distance Requirements

5391 Backfilling and Grading: General Grading Requirements

5393 Backfilling and Grading: Thin Overburden

5395 Backfilling and Grading: Thick Overburden

5397 Revegetation: General Requirements

5399 Revegetation: Timing

53101 Revegetation: Mulching and Other Soil Stabilizing Practices

53103 Revegetation: Standards for Success

53105 Cessation of Operations: Temporary

53107 Cessation of Operations: Permanent

53109 Post-mining Land Use

53111 Roads: General

53113 Primary Roads

53115 Utility Installations

53117 Support Facilities

Chapter 55. Special Permanent Program Performance Standards:

Operations on Prime Farmland

Sec.

5501 Prime Farmland: Scope and Purpose

5503 Prime Farmland: Soil Removal and Stockpiling

5505 Prime Farmland: Soil Replacement

5507 Prime Farmland: Revegetation and Restoration of Soil

Productivity

Chapter 57. Special Permanent Program Performance Standards:

Operations on Steep Slopes

Sec.

5701 Applicability

5703 Steep Slopes: Backfilling and Grading: Steep Slopes

Chapter 59. Special Permanent Program Performance Standards: Coal

Preparation Plants and Support Facilities Not Located at or Near

the Minesite or Not Within the Permit Area for a Mine

Sec.

5901 Applicability

5903 Coal Plants: Performance Standards

Chapter 61. Special Permanent Program Performance Standards: in

Situ Processing

Sec.

6101 In Situ Processing: Performance Standards

6103 In Situ Processing: Monitoring

Chapter 63. Inspections

Sec.

6301 Inspections

6303 Citizens' Requests for Inspections

6305 Right of Entry

6307 Review of Adequacy and Completeness of Inspection

6309 Review of Decisions Not to Inspect or Enforce

6311 Availability of Records

Chapter 65. Enforcement

Sec.

6501 Cessation Orders

6503 Notice of Violation

6505 Suspension or Revocation of Permits

6507 Service of Notices of Violation and Cessation Orders

6509 Termination of Order

6511 Formal Review of Citations

6513 Failure to Give Notice and Lack of Information

6515 Inability to Comply

6517 Compliance Conference

6519 Enforcement Actions at Abandoned Sites

Chapter 67. Civil Penalties

Sec.

6701 How Assessments Are Made

6703 When Penalty Will Be Assessed

6705 Point System for Penalties

6707 Determination of Amount of Penalty

6709 Assessments of Separate Violations for Each Day

6711 Waiver of Use of Formula to Determine Civil Penalty

6713 Procedures for Assessment of Civil Penalties

Chapter 69. Individual Civil Penalties

Sec.

6901 When an Individual Civil Penalty May Be Assessed

6903 Amount of Individual Civil Penalty

6905 Procedure for Assessment of Individual Civil Penalty

6907 Payment of Penalty

Chapter 71. Petitions for Award of Costs and Expenses

Sec.

7101 Who May File

7103 Where to File: Time for Filing

7105 Contents of Petition

7107 Answer

7109 Who May Receive an Award

7111 Awards

7113 Appeal

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.

[[Page 18177]]

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 April 29, 1998. 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 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 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 determinations 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

OSM has determined and certifies pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, state, or

tribal governments or private entities.

List of Subjects in 30 CFR Part 924

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 6, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-9769 Filed 4-13-98; 8:45 am]

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