[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Proposed Rules]
[Pages 13858-13860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6226]



      

[[Page 13857]]

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Part VII





Department of the Interior





_______________________________________________________________________



Office of Surface Mining Reclamation and Enforcement



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30 CFR Part VII



Establishment of an Advisory Committee to Negotiate Regulations; 
Proposed Rule

  Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / 
Proposed Rules   
[[Page 13858]] 

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part VII


Establishment of an Advisory Committee to Negotiate Regulations

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

ACTION: Proposed rule.

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SUMMARY: Notice is hereby given that the Secretary of the Interior is 
administratively establishing an advisory committee to be known as the 
Office of Surface Mining Reclamation and Enforcement Negotiated 
Rulemaking Committee on Coal Refuse Disposal. This notice is published 
in accordance with the Federal Advisory Committee Act (FACA), and the 
Negotiated Rulemaking Act of 1990. The notice is attached as an 
appendix.
    The Office of Surface Mining Reclamation and Enforcement (OSM) 
seeks comments on the establishment of the advisory committee chartered 
to negotiate a rule on Coal Refuse Disposal, and nominations for its 
membership. Issues to be considered by the advisory committee include 
general permits, baseline hydrologic studies and hydrologic 
requirements at refuse sites, the application of valid existing rights 
to coal refuse sites, the collection of Abandoned Mine Land fees from 
companies processing coal refuse for reuse, and other environmental 
protection standards. OSM anticipates that the negotiation process will 
help resolve at least some of these outstanding issues.

DATES: Interested parties may file comments and/or nominations for 
Committee Membership on or before April 13, 1995.

ADDRESSES: Written Comments: Hand-deliver to the Office of Surface 
Mining Reclamation and Enforcement, Administrative Record, room 660, 
800 North Capitol Street, Washington, DC: or mail to the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record, room 
660 NC, 1951 Constitution Avenue NW., Washington, DC 20240. Comments 
may also be sent electronically through the Internet to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Melanie Wilson, Office of Surface 
Mining Reclamation and Enforcement, 1951 Constitution Avenue NW., room 
52, Washington, DC 20240, (202) 208-4609. For the hearing impaired, 
contact TTD (202) 208-2737.

SUPPLEMENTARY INFORMATION:

I. Negotiated Rulemaking
II. Subject and Scope of Rule for Negotiated Rulemaking
III. How Does Negotiated Rulemaking Work?
IV. What is the Purpose of the Committee?
V. How are Committee Members Selected?
VI. Who Has Been Contacted to Participate in this Process?
VII. Will All of These Groups Participate in the Regulatory 
Negotiation Process?
VIII. How Can You Participate in the Process?

I. Negotiated Rulemaking

    The purpose of a negotiated rulemaking committee (or ``reg neg'' as 
it is frequently called) is to develop a consensus on a proposed rule. 
Before establishing such a committee, Sec. 583(a) of the Negotiated 
Rulemaking Act directs the head of an agency to consider whether--
     There is a need for the rule
     There are a limited number of identifiable interests that 
will be affected by the rule
     There is a reasonable likelihood that a committee can be 
convened with a balanced representation of persons who can adequately 
represent those interests and are willing to negotiate in good faith to 
reach a consensus on a proposed rule
     There is a reasonable likelihood that a committee will 
reach consensus on the proposed rule within a fixed period of time
     The negotiated rulemaking will not unreasonably delay the 
notice of proposed rulemaking and the issuance of the final rule
     The agency has adequate resources and is willing to commit 
such resources, including technical assistance, to the committee, and
     The agency, to the maximum extent possible consistent with 
the legal obligations, will use the consensus of the committee with 
respect to the proposed rule as the basis for the rule proposed by the 
agency for notice and comment.
    ``Consensus'' in tern means the unanimous concurrence among the 
interests represented on the negotiated rulemaking committee unless the 
committee explicitly adopts some other definition. Thus, under the 
Negotiated Rulemaking Act, each interest on the committee has a veto: 
nothing can be adopted by the committee over the dissent of an 
interest. That has served to provide important protection for the 
parties and to help the parties focus on developing an entire 
regulation. This definition also means that the agency itself 
participates in the negotiations in a manner similar to that of any 
other party.
    Negotiated rulemaking has been used quite successfully to address 
highly controversial subjects in a practical manner. For that reason, 
OSM thought it would be an appropriate process to use for the coal 
refuse rule.

II. Subject and Scope of Rule for Negotiated Rulemaking

    Numerous coal refuse piles exist throughout the coal fields in the 
eastern United States. These piles are a major source of aesthetic and 
environmental degradation. A significant number of these piles, 
however, still contain large, potentially marketable quantities of 
coal. Modern technology enables the recovery of the coal in these 
piles, and in some cases the direct utilization of the material, for 
example in refuse burning power plants, electric power generation and 
co-generation facilities.
    Under current law and policies, permitting and performance 
standards are the same for refuse pile operations as for any other 
mining operations. Section 2503 of the Energy Policy Act of 1992 
requires the publication of new regulations on permitting and 
performance standards that distinguish between (1) operations that 
reprocess abandoned coal refuse on-site and (2) those that completely 
remove abandoned coal refuse from a site for the direct use of such 
coal refuse or for the reprocessing of such coal refuse at another 
location. These standards must recognize the distinct differences 
between these operations and other surface coal mining operations.
    The committee will try to reach consensus on the major issues that 
could not be resolved in the draft rulemaking, specifically:
     Environmental protection standards
     Permits
     The application of valid existing rights to coal refuse 
sites
     Abandoned mine land fees
    If the committee is able to reach consensus on these issues, the 
committee will propose a rule on coal refuse.
    In addition, the committee may also address other appropriate 
remining issues that may arise from the discussion of coal refuse.

III. How Does Negotiated Rulemaking Work?

    Negotiated Rulemaking typically occurs in two stages:
    1. The Convening Stage. During this stage, an outside neutral party 
assists the agency in selecting participants to ensure balanced 
representation and helps the agency identify which specific issues 
should be negotiated. He or she educates the participants about the 
[[Page 13859]] negotiation process and attempts to get the parties to 
commit to the product that will be produced. Convening typically takes 
one or two months.
    2. The Negotiation Stage. This stage typically takes six to eight 
months. Again, a neutral outside party is often used to facilitate 
group meetings, which are generally held once a month. The goal of this 
stage is to produce regulatory language and, if possible, preamble 
text.

IV. What is the Purpose of the Committee?

    The purpose of the Committee is to provide a forum to discuss the 
regulatory and reclamation issues of concern to the public, primacy 
States which regulate surface coal mining, environmental groups, coal 
mine region residents, industry, the Congress, and other State and 
Federal agencies.

V. How Are Committee Members Selected?

    The Secretary of the Interior will appoint 20-25 members to the 
Committee to represent a cross-section of those who are interested in 
and directly affected by this proposed rulemaking. OSM has sought the 
advice of an outside neutral professional convener in an effort to 
carefully monitor membership to ensure that there is a balance among 
those interests affected by the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1201 et seq.). Members will represent the 
following segments of the population in appropriate mix and balance for 
the task at hand.

Categories of Members

     Environmental groups
     Representatives from the coal refuse removal and 
reprocessing industry
     Primary states with responsibility for regulating surface 
coal mining operations
     General coal mining industry
     Citizens/residents of areas with significant deposits of 
coal refuse

VI. Who Has Been Contacted to Participate in this Process?

    The following parties were identified as potentially affected 
interests and were contacted during the convening stage of the process.

Environmental Groups

Citizen's Coal Council
Kentucky Resources Council, Inc.
National Wildlife Federation
Western Pennsylvania Land Conservancy
West Virginia Highlands Conservancy
Armstrong Conservation District

Industry

Inter-Power/AHICon Partners
Western Kentucky Coal Association
Kentucky Coal Association
Pennsylvania Coal Association
WV Mining & Reclamation Assoc.
Gilberton Power Company
Inter-Power Development Corporation
National Coal Association
American Mining Congress
Consol, Inc.

States

Interstate Mining Compact Commission
West Virginia Department of Environmental Protection
Pennsylvania Department of Reclamation
Illinois Division of Land Reclamation
Abandoned Mine Lands Reclamation Council
Kentucky Department for Surface Mining

Federal

Office of Surface Mining
Environmental Protection Agency

VII. Will All of These Groups Participate in the Regulatory Negotiation 
Process?

    No. First, the Secretary of the Interior will select committee 
members based on whether the entity will be substantially affected by 
this rule. Second, some of the groups, for various reasons, may decide 
not to participate in this specific regulatory negotiation.

VIII. How Can You Participate in the Process?

    If you believe that your interests may not have been adequately 
represented by any of the parties listed above you may apply for, or 
nominate another entity for membership on the committee to represent 
your interests. Each application for nomination must include:
    1. The name of the applicant or nominee and a description of the 
interests the entity will represent.
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interests the entity proposes to 
represent.
    3. A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration.
    4. The reasons that the entities specified above do not adequately 
represent the interests of the entity submitting the application or 
nomination.
    The OSM will advise the Secretary whether that entity should be 
added to the group. The decision will be based on whether the entity 
would be substantially affected by the rule and whether that entity is 
already adequately represented in the negotiating group.

IX. What Happens After the Committee Members are Selected?

    Once membership in the Committee has been selected, an 
organizational meeting will be held to develop the specific issues and 
groundrules for how the negotiation will be conducted. The location and 
dates of future meetings will be published in the Federal Register. 
Meetings will be open to the public unless specifically noted as being 
closed in the Federal Register, as authorized by FACA.

X. Conclusion

    OSM requests public comment on whether: (1) It should establish a 
Federal Advisory Commission, (2) it has properly identified the 
interests that are significantly affected by the key issues listed 
above, (3) the suggested committee membership reflects a balanced 
representation of these interests, and (4) regulatory negotiation is 
appropriate for this rulemaking.

    Dated: March 2, 1995.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

Appendix

    This notice is published in accordance with Section 9(a) (2) of 
the Federal Advisory Committee Act (FACA), 5 U.S.C. App. (1988). 
Following consultation with the General Services Administration and 
the Office of the Management and Budget, notice is hereby given that 
the Secretary of the Interior is administratively establishing an 
advisory committee to be known as the Office of Surface Mining 
Reclamation and Enforcement Negotiated Rulemaking Committee on Coal 
Refuse Disposal.
    The purpose of the Committee is to provide a forum to discuss a 
variety of regulatory and reclamation issues of concern to the 
public, primacy States which regulate surface coal mining, 
environmental groups, coal mine region residents, industry, the 
Congress, and other State and Federal agencies.
    The Secretary of the Interior will appoint 20-25 members to the 
Committee to represent a cross-section of those who are interested 
in and directly affected by regulatory and reclamation activities. 
OSM has sought the advice of an outside neutral professional 
convener in an effort to carefully monitor membership to ensure that 
there is a balance among those interests affected by the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 
Members will represent the following segments of the population in 
appropriate mix and balance for the task at hand.
    Categories of Members:

    * Environmental groups; [[Page 13860]] 
    * Representatives from the coal refuse removal and reprocessing 
industry;
    * Primacy States with responsibility for regulating surface coal 
mining operations;
    * General coal mining industry; and
    * Citizens/residents of areas with significant deposits of coal 
refuse.

Certification

    I hereby certify that the administrative establishment of the 
Office of Surface Mining Reclamation and Enforcement Negotiated 
Rulemaking Committee on Coal Refuse Disposal is necessary and in the 
public interest in connection with the performance of duties imposed 
on the Department of the Interior by the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1201 et. seq.).

    Dated: August 18, 1994.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 95-6226 Filed 3-13-95; 8:45 am]
BILLING CODE 4310-05-M