[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32174]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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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; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of additional explanatory 
information pertaining to a previously proposed amendment to the 
Colorado regulatory program (hereinafter, the ``Colorado program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The additional explanatory information pertains to a memorandum of 
understanding (MOU) between the Division of Minerals and Geology (DMG) 
of the Colorado Department of Natural Resources and the Water Quality 
Control Division (WQCD) of the Colorado Department of Health for water 
quality management at coal mines. The amendment is intended to revise 
the Colorado program to be consistent with SMCRA and the implementing 
Federal regulations.

DATES: Written comments must be received by 4:00 p.m., m.s.t., January 
17, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to 
Thomas E. Ehmett 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 Albuquerque Field Office.

Thomas E. Ehmett, Acting Director, Albuquerque Field Office, Office of 
Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., 
Suite 1200, Albuquerque, New Mexico 87102.
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:
Thomas E. Ehmett, 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 March 18, 1994, Colorado submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
CO-604). Colorado submitted a proposed MOU in response to a letter 
dated April 7, 1993 (administrative record No. CO-539), that OSM sent 
to Colorado in accordance with 30 CFR 732.17(c). The provisions of the 
MOU that Colorado proposed to revise pertain to the respective 
responsibilities of DMG and WQCD regarding coal mining activities as 
they impact the hydrologic balance.
    OSM announced receipt of the proposed amendment in the April 7, 
1994, Federal Register (59 FR 16578), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. CO-606). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period closed on May 9, 1994.
    During its review of the proposed MOU, OSM identified concerns 
relating to (1) the provisions of item No. 2 of the Enforcement section 
of the proposed MOU, which appeared to be contradicted by an August 28, 
1990, memorandum of agreement between WQCD and the Mined Land 
Reclamation Board (the regulatory board of the Mined Land Reclamation 
Division that has been reorganized as DMG) and (2) referenced 2 Code of 
Colorado Regulations 407.2, Rule 4.05, which does not serve as an 
adequate basis for ensuring protection of the hydrologic balance. OSM 
notified Colorado of the concerns by letter dated June 16, 1994 
(administrative record No. CO-627). Colorado responded in a letter 
dated June 23, 1994, by submitting additional explanatory information 
(administrative record No. CO-629).
    Based upon the additional explanatory information for the proposed 
program amendment submitted by Colorado, OSM reopened the public 
comment period in the July 29, 1994, Federal Register (59 FR 38575; 
administrative record No. CO-637). The public comment period ended on 
August 15, 1994.
    During its review of the additional explanatory information for the 
proposed MOU, OSM identified concerns relating to (1) enforcement of 
effluent standards and the division of responsibility between DMG and 
WQCD, and (2) standards for effluent limits. OSM notified Colorado of 
the concerns by letter dated September 16, 1994 (administrative record 
No. CO-646). Colorado responded in a letter dated December 7, 1994, by 
submitting additional explanatory information (administrative record 
No. CO-651).
    Colorado proposes additional explanatory information indicating 
that, because WQCD has primacy for Colorado's Discharge Permit System 
program, DMG will enforce Federal, but not State, water quality 
discharge standards under the proposed MOU. Colorado has also provided 
an opinion by the State's attorney general's office that DMG has 
authority to enforce the Federal effluent limitation standards at 40 
CFR Part 434. Lastly, Colorado also proposes additional explanatory 
information indicating that if WQCD approves fundamentally different 
factors or variances under an approved National Pollutant Discharge 
Elimination System program, the State will propose to revise the MOU in 
a proposed amendment.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Colorado 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. 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.
    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 Albuquerque Field Office 
will not necessarily be considered in the final rulemaking or included 
in 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 12550) 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.

V. List of Subjects in 30 CFR Part 906

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: December 21, 1994.

Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-32174 Filed 12-29-94; 8:45 am]
BILLING CODE 4310-05-M