[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18100-18102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10056]



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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[SPATS No. ND-034-FOR, State Amendment No. XXIII]


North Dakota Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the North Dakota 
regulatory program (hereinafter, the ``North Dakota program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to North Dakota's rules to 
reflect the new name of the U.S. Department of Agriculture's Soil 
Conservation Service (i.e., change it to the Natural Resource 
Conservation Service), revisions to clarify the required scale of 
annual maps, revisions to revegetation success standards for prime 
farmland and lands used for recreational purposes, and revisions to the 
time allowed for implementation of a rule previously approved by OSM as 
an alternative method for determining the required depth of soil 
respreading. The amendment is intended to revise the North Dakota 
program to be consistent with the corresponding Federal regulations as 
well as with SMCRA, incorporate the additional flexibility afforded by 
the revised Federal regulations and SMCRA, and provide additional 
safeguards, clarify ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t., May 24, 
1996. If requested, a public hearing on the proposed amendment will be 
held on May 20, 1996. Requests to present oral testimony at the hearing 
must be received by 4:00 p.m., m.d.t., on May 9, 1996.

ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below.

    Copies of the North Dakota 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

[[Page 18101]]

amendment by contacting OSM's Casper, Wyoming, Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East B. Street, Federal Building, Room 
2128, Casper, Wyoming 82601-1918
Edward J. Englerth, Director, Reclamation Division, North Dakota Public 
Service Commission, Capitol Building, Bismarck, North Dakota, 
Telephone: 701-328-4092

FOR FURTHER INFORMATION CONTACT: Guy Padgett, Telephone: 307-261-6550. 
Internet address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Program

    On December 15, 1980, the Secretary of the Interior conditionally 
approved the North Dakota program. General background information on 
the North Dakota program, including the Secretary's findings, the 
disposition of comments, and conditions of approval of the North Dakota 
program can be found in the December 15, 1980, Federal Register (45 FR 
82214). Subsequent actions concerning North Dakota's program and 
program amendments can be found at 30 CFR 934.15, 934.16 and 934.30.

II. Proposed Amendment

    By letter dated March 20, 1996, North Dakota submitted a proposed 
amendment to its program (amendment No. XXIII, administrative record 
No. ND-Y-01) pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota 
submitted the proposed amendment in response to a letter, dated 
November 22, 1995, from OSM, and the required program amendments at 30 
CFR 934.16 (aa) and (bb). Described below are changes that North Dakota 
proposes to its rules.
    Revision of the following rules to reflect the new name of the 
United States Soil Conservation Service, i.e., the Natural Resource 
Conservation Service: NDAC 69-05.2-01-02, 69-05.2-08-08, 69-05.2-08-09, 
69-05.2-10-01, 69-05.2-10-03, 69-05.2.22-02, and 69-05.2-27-02.
    Revision of the various rules to reflect the new name of the State 
Department of Health and Consolidated Laboratories, i.e., the State 
Department of Health: NDAC 69-05.2-13-05, 69-05.2-13-07, 69-05.2-16-02, 
69-05.2-16-04, 69-05.2-16-05, and 69-05.2-19-02.
    Revision of the rule at NDAC 69-05.2-09-02 to conform more closely 
to 30 CFR 780.14(b)(5) which relates to the disposal of noncoal wastes 
in the permit area, and to provide a cross-reference to the State 
Department of Health solid waste management rules.
    Revision of the rule at NDAC 69-05.2-13-02 to change the standard 
for map scales with the intent of making them easier to produce as well 
as more manageable to use and store.
    Revision of the rule at NDAC 69-05.2-15-04, which extends the 
effective date of the suitable plant growth material option by 2 years, 
to the end of 1998. North Dakota indicated that this will enable it to 
conduct additional research comparing the effectiveness of the option 
with the option of respreading all suitable plant growth material 
inventoried and removed.
    Revision of the rule at NDAC 69-05.2-19-04 to reflect the name 
change to the State Department of Health, to indicate what is meant by 
noncoal wastes as defined by the State Department of Health rules on 
solid waste disposal, to address the disposal of wastes containing 
asbestos, and to show clearly that combustible materials must be 
disposed of as required by the State Department of Health.
    Revision of the performance standards for prime farmland at NDAC 
69-05.2-22-07 with the intent of partly satisfying 30 CFR 934.16(aa). 
This proposed change would require that permittees demonstrate 
restoration of prime farmland productivity before qualifying for third 
stage bond release. In addition, North Dakota proposes to add a new 
subsection with the intent of partly satisfying 30 CFR 934.16(bb). The 
new subsection addresses the stocking and plant establishment standards 
for woody plants in areas to be developed for recreation.
    Revision of the rule at 69-05.2-26-05 to make cross-reference 
corrections and to add the terms, ``average annual'' and ``average'' 
for clarity. Also, language that North Dakota considers superfluous is 
proposed to be deleted.

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 North Dakota 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 Casper Field Office 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 May 9, 1996. 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 specific 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

[[Page 18102]]

(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 of 1969 (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.

List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 17, 1996.
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-10056 Filed 4-23-96; 8:45 am]
BILLING CODE 4310-05-M