[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Proposed Rules]
[Pages 38773-38775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18550]



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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; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: 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 revisions to rules pertaining to 
definitions; the applicability of Colorado's rules; permit application 
requirements for legal, financial, and related information; permit 
application requirements for operation and reclamation plans; 
requirements for special categories of mining; public participation and 
approval of permit applications; performance standards for 
revegetation; and performance standards for subsidence control. The 
amendment is intended to revise the Colorado program to be consistent 
with the corresponding Federal regulations and improve operational 
efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t. August 
28, 1995. If requested, a public hearing on the proposed amendment will 
be held on August 22, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t. on August 14, 1995.

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 Western Regional Coordinating Center.

James F. Fulton, Chief, Denver Field Division, Western Regional 
Coordinating Center, Office of Surface Mining Reclamation and 
Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202
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:
James F. Fulton, 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 July 12, 1995, Colorado submitted a proposed 
amendment to its program (administrative record No. CO-670) pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed 
amendment at its own initiative and in response to a February 7, 1990, 
letter (administrative record No. CO-484) that OSM sent to Colorado in 
accordance with 30 CFR 732.17(c). The provisions of 2 Code of Colorado 
Regulations 407-2, the rules and regulations of the Colorado Mined Land 
Reclamation Board for Coal Mining, that Colorado proposes to revise 
are: Rule 1.04, definitions; Rule 1.05, applicability of Colorado's 
rules; Rule 2.03, permit application requirements for legal, financial, 
and related information; Rule 2.05, permit application requirements for 
operation and reclamation plans; Rule 2.06, requirements for special 
categories of mining; Rule 2.07, public participation and approval of 
permit applications; Rule 4.15, performance standards for revegetation; 
and Rule 4.20, performance standards for subsidence control.
    Specifically, Colorado proposes to revise:
    Rule 1.04(21), the definition of ``coal,'' to indicate that the 
referenced publication of the American Society of Testing and Materials 
is incorporated as it existed on the date of promulgation of these 
revisions;
    Rule 1.04(80), the definition of ``operator,'' to replace the term 
``refuse pile'' with ``mine waste disposal facility;''
    Rule 1.04(92), the definition of ``person,'' to be consistent with 
the definition of ``person'' in the Colorado Surface Coal Mining 
Reclamation Act;
    Rule 1.05.1(b), to remove an exemption from the Colorado program 
for operations which affect 2 acres or less;

[[Page 38774]]

    Rule 2.03.3(4), to indicate that the referenced edition of 
``Standard Methods for the Examination of Water and Wastewater'' is 
incorporated as it existed on the date of promulgation of these 
revisions;
    Rule 2.03.7(1), permit application information concerning the 
relationship of a proposed permit area to areas designated as 
unsuitable for mining, to reference 30 CFR 769, which concerns the 
petition process for designation of Federal lands as unsuitable for all 
or certain types of surface coal mining operations, rather than 30 CFR 
765, which does not exist;
    Rule. 2.05.3(3)(c)(iv), concerning a description of measures to be 
taken to protect the inlet end of a ditch relief culvert, to reference 
Rule 4.03.1(4)(e)(vi)(C) for approval of haul road culverts;
    Rule 2.05.3(8)(c), permit application information concerning the 
design of coal processing waste dams and embankments, to reference the 
performance standards at Rule 4.11.5, which are specific to dams and 
embankments constructed of or impounding coal mine waste, rather than 
the general performance standards applicable to coal mine waste at Rule 
4.11;
    Rule 2.05.6(2)(a)(iii)(A), to correct the citation of Colorado's 
statute for protection of Nongame, Endangered and Threatened Species 
Conservation Act;
    Rule 2.06.6(2)(a)(i), to indicate that the referenced U.S.D.A. 
National Soils Handbook is incorporated as it existed on the date of 
promulgation of these revisions;
    Rule 2.06.8(5)(c) (i) through (iii), to specify methods for 
evaluating whether a mining operation will damage the water system of 
an alluvial valley floor;
    Rule 2.07.2, to refer to Rule 2.07 rather than Rule 2.07.2 in the 
title line for the statement of objectives;
    Rule 4.15.1(2)(d), to correct the reference to requirements for 
fish and wildlife at Rule 4.18(5)(i) rather than Rule 4.18(4)(i); and
    Rule 4.20.3(2) (a) through (c), to specify the performance 
standards for mitigation of structures or facilities that may be 
damaged as a result of subsidence due to underground mining operations.

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 Western Regional 
Coordinating Center will not necessarily be considered in the final 
rulemaking or included in the administrative record.

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 August 14, 1995. 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 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 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 

[[Page 38775]]
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.

List of Subjects in 30 CFR Part 906

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 19, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-18550 Filed 7-27-95; 8:45 am]
BILLING CODE 4310-05-M