Mississippi Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-015-FOR]

Mississippi Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of an amendment to the Mississippi regulatory

program (Mississippi program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Mississippi proposes revisions to

regulations concerning formal hearings; bond release; hydrologic

balance; cessation orders; formal review of citations; definitions;

areas where mining is prohibited or limited; performance bonds; pre-

blasting surveys; permitting; inspections; coal exploration; qualified

laboratories; disposal of excess spoil; coal mine waste impounding

structures; backfilling and grading; roads; and coal preparation plant

performance standards. The State also proposes to correct typographical

errors and make other non-substantive revisions. Mississippi intends to

revise its program to be consistent with the corresponding Federal

regulations.

This document gives the times and locations that the Mississippi

program and the amendment to that program are available for your

inspection, the comment period during which you may submit written

comments on the amendment, and the procedures that will be followed for

the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August

25, 1999. If requested, we will hold a public hearing on the amendment

on August 20, 1999. We will accept requests to speak at the hearing

until 4:00 p.m., c.d.t. on August 10, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to Arthur W. Abbs, Director,

Birmingham Field Office, at the address listed below.

You may review copies of the Mississippi program, the amendment, a

listing of any scheduled public hearings, and all written comments

received in response to this document at the addresses listed below

during normal business hours, Monday through Friday, excluding

holidays. You may receive one free copy of the amendment by contacting

OSM's Birmingham Field Office.

Arthur W. Abbs, Director, Birmingham Field Office, Office of

Surface Mining, 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. Internet:

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi Program

On September 4, 1980, the Secretary of the Interior approved the

Mississippi program. You can find background information on the

Mississippi program, including the Secretary's findings and the

disposition of comments, in the September 4, 1980, Federal Register (45

FR 58520). You can find later actions on the program at 30 CFR 924.10,

924.15, 924.16, and 924.17.

II. Description of the Proposed Amendment

By letter dated July 1, 1999 (Administrative Record No. MS-0373),

Mississippi sent us an amendment to its program pursuant to SMCRA.

Mississippi sent the amendment in response to required program

amendments at 30 CFR 924.16(f)-(h), (j), (k), (m), and (n). The

amendment also includes changes made at Mississippi's own initiative.

Mississippi proposes to amend the Mississippi Surface Coal Mining

Regulations. Below is a summary of the changes proposed by Mississippi.

The full text of the program amendment is available for your inspection

at the locations listed above under ADDRESSES.

A. Revisions required by 30 CFR 924.16(f)-(n)

1. Section 3301. Formal Hearing

Mississippi proposes to revise paragraph (b) to read as follows:

Any party may file a petition for temporary relief from the

Permit Board's action in conjunction with the filing of the request

for a formal hearing or at any time before a final decision is

issued by the Permit Board after a formal hearing.

2. Section 4501. Procedures for Seeking Release of Performance Bond

Mississippi proposes to revise paragraph (c) to clarify that

Federal, State, and local governmental agencies which have special

expertise with respect to any environmental, social, or economic impact

involved in the coal mining operation are allowed to file written

objections to the proposed bond release and to request public hearings.

3. Section 5333. Hydrologic Balance: Surface- and Ground-Water

Monitoring

Mississippi proposes to revise paragraph (b)(3)(A) to require the

operator to demonstrate that the coal mining operation has minimized

[[Page 40327]]

disturbance to the hydrologic balance in the permit and adjacent areas.

4. Section 6501. Cessation Orders

Mississippi proposes to revise paragraph (c)(4) to replace a

reference to Sec. 53-9-69 with a reference to Sec. 6509.

5. Section 6511. Formal Review of Citations

a. Mississippi proposes to revise paragraph (a) to require

interested parties to request formal reviews within 30 days of the date

the Commission, the Executive Director, or the Executive Director's

authorized representative took the action that is being contested

during the formal review. Mississippi also proposes to add a

requirement that the Commission notify parties in writing of the time

and place of the hearing at least five working days before the hearing

date.

b. Mississippi proposes to revise paragraph (l)(1) by changing the

reference from Sec. 6511(e) to Sec. 6511(a).

c. Mississippi proposes to revise paragraph (n)(9) to read as

follows:

(9) Any party desiring to appeal a decision of the Commission

granting or denying an application for expedited review may appeal

to and seek relief from the appropriate chancery court pursuant to

Sec. 53-9-77.

B. Revisions Made at Mississippi's Own Initiative

1. Section 105. Definitions

Mississippi proposes to revise the definition for performance bond

to read as follows:

Performance Bond--a surety bond, collateral bond, letter or

letters of credit, or self-bond, or a combination thereof, by which

a permittee assures faithful performance of all the requirements of

the act, these regulations, this program and the requirements of the

permit and reclamation plan.

2. Section 1105. Areas Where Mining is Prohibited or Limited

Mississippi proposes to revise paragraph (c) to read as follows:

(c) on any lands which will adversely affect any publicly owned

park or any place included on the National Register of Historic

Places, unless approved jointly by the Permit Board and the federal,

state or local agency with jurisdiction over the park or place;

3. Section 4301. Form of the Performance Bond

Mississippi proposes to add ``a letter or letters of credit'' to

the list of acceptable forms of performance bond.

4. Section 4303. Terms and Conditions of the Bond

Mississippi proposes to revise paragraph (g)(6) by placing the term

``indemnity agreement'' with the term ``letter of credit.''

5. Section 4701. General

Mississippi proposes to revise paragraph (a) to read as follows:

(a) Except as in compliance with Sec. 4701(b), the Commission

shall proceed to cause the forfeiture of all or part of a bond or

other collateral accepted pursuant to Chapter 43 for any permit

where required or authorized by Sec. 4705.

6. Correction of Typographical Errors

a. Mississippi assigned an incorrect section number (Section 5343)

to its regulatory provisions for ``Use of Explosives: Pre-blasting

Survey.'' Mississippi proposes to change this incorrect section number

to Section 5349.

b. Mississippi proposes to correct typographical errors and other

non-substantive revisions in the following sections: Section 105.

Definitions; Section 407. Contents of Application for Exemption;

Section 413. Conditions of Exemption and Right of Inspection and Entry;

Section 1105. Areas Where Mining is Prohibited or Limited; Section

2103. Permit Requirements for Exploration Removing More Than 250 Tons

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

Coal Mining Operations; Section 2105. Coal Exploration Compliance

Duties; Section 2313. Permit Term Information; 3113. Review of Permit

Applications; Section 3119. Permit Approval or Denial Actions; Section

3121. Permit Terms; Section 3509. Permit Renewals: Completed

Applications; Section 3713. Qualified Laboratories; Section 5359.

Disposal of Excess Spoil: General Requirements; Section 5377. Coal mine

waste: Impounding structures; Section 5391. Backfilling and Grading:

General Grading Requirements; Section 5393. Backfilling and grading:

Thin Overburden; Section 53111. Roads: General; Section 5703. Steep

Slopes: Backfilling and grading: Steep slopes; and Section 5903.

Coal Preparation Plants: Performance Standards.

III. Public Comment Procedures

Under the provisions of 30 CFR 732.17(h), we are requesting

comments on whether the amendment satisfies the applicable program

approval criteria of 30 CFR 732.15. If we approve the amendment, it

will become part of the Mississippi program.

Written Comments

Your written comments should be specific and pertain only to the

issues proposed in this rulemaking. You should explain the reason for

any recommended change. In the final rulemaking, we will not

necessarily consider or include in the Administrative Record any

comments received after the time indicated under DATES or at locations

other than the Birmingham Field Office.

Public Hearing

If you wish to speak at the public hearing, contact the person

listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on

August 10, 1999. We will arrange the location and time of the hearing

with those persons requesting the hearing. If you are disabled and need

special accommodations to attend a public hearing, contact the

individual listed under FOR FURTHER INFORMATION CONTACT. The hearing

will not be held if no one requests an opportunity to speak at the

public hearing.

You should file a written statement at the time you request the

hearing. This will allow us 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. If

you are in the audience and have not been scheduled to speak and wish

to do so, you will be allowed to speak after those who have been

scheduled. We will end the hearing 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. If you wish

to meet with us to discuss the amendment, request a meeting by

contacting the person listed under FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public and, if possible, we will post

notices of meetings at the locations listed under ADDRESSES. We also

make a written summary of each meeting a part of the Administrative

Record.

IV. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review 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

[[Page 40328]]

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 State regulatory programs and program

amendments 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

This rule does not require an environmental impact statement since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on 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

corresponding 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. Therefore, this rule will ensure that existing requirements

previously published 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 corresponding Federal regulations.

Unfunded Mandates

OSM has determined and certifies under 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: July 15, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-18947 Filed 7-23-99; 8:45 am]

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