[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Proposed Rules]
[Pages 18173-18177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9769]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-013-FOR]


Mississippi Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Mississippi regulatory program (hereinafter the ``Mississippi 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). Mississippi is proposing to replace all of its currently 
approved regulations for surface coal mining and reclamation operations 
with new regulations. The amendment is intended to revise the 
Mississippi program to be consistent with the corresponding Federal 
regulations, provide additional safeguards, and improve operational 
efficiency.
    This document sets forth the times and locations that the 
Mississippi program and proposed amendment to that program are 
available for public inspection, the comment period during which 
interested persons may submit written comments on the proposed 
amendment, and the procedures that will be followed regarding the 
public hearing, if one is requested.

DATES: Written comments must be received by 4:00 p.m., c.d.t., May 14,

[[Page 18174]]

1998. If requested, a public hearing on the proposed amendment will be 
held on May 11, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m, c.d.t. on April 29, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Arthur W. Abbs, Director, Birmingham 
Field Office, at the address listed below.
    Copies of the Mississippi program, the proposed amendment, a 
listing of any scheduled public hearings, 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 Birmingham 
Field Office.
    Arthur W. Abbs, Director, Birmingham Field Office, Office of 
Surface Mining Reclamation and Enforcement, 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.

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi Program

    On September 4, 1980, the Secretary of the Interior conditionally 
approved the Mississippi program. Background information on the 
Mississippi program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval can be found in 
the September 4, 1980, Federal Register (45 FR 58520). Subsequent 
actions concerning the conditions of approval and program amendments 
can be found at 30 CFR 924.10, 924.12, and 924.16.

II. Description of the Proposed Amendment

    By letter dated March 26, 1998 (Administrative Record No. MS-0355), 
Mississippi submitted a proposed amendment to its program pursuant to 
SMCRA. Mississippi submitted the proposed amendment in response to 
letters dated May 20, 1996, January 6, 1997, and June 17, 1997 
(Administrative Record Nos. MS-0333, MS-0336, and MS-0339, 
respectively) that OSM sent to Mississippi in accordance with 30 CFR 
732.17(c); in response to the required program amendments at 30 CFR 
924.16(a) and (e); and at its own initiative. Mississippi proposes to 
amend its program by replacing the Mississippi Surface Coal Mining 
Regulations at Parts 100 through 250 with the State of Mississippi 
Surface Coal Mining Regulations at Subpart I, Chapters 1 through 7; 
Subpart II, Chapters 9 through 15; Subpart III, Chapters 17 through 37; 
Subpart IV, Chapters 39 through 47; and Subpart V, Chapters 49 through 
71. The full text of the proposed program amendment submitted by 
Mississippi is available for public inspection at the locations listed 
above under ADDRESSES. Following is the table of contents for the 
proposed Mississippi regulations.

Subpart I. General Information

Chapter 1. General

Sec.
101  Authority
103  Responsibility
105  Definitions
107  Applicability
109  Petitions to Initiate Rulemaking
111  Notice of Citizen Suits
113  Availability of Records
115  Computation of Time

Chapter 3. Permanent Regulatory Program

Sec.
301  Authority
303  Applicability

Chapter 4. Exemption of Coal Extraction of Other Minerals

Sec.
401  Scope
403  Definitions
405  Application Requirements and Procedures
407  Contents for Application for Exemption
409  Public Availability of Information
411  Requirements for Exemptions
413  Conditions of Exemption and Right of Inspection and Entry
415  Stockpiling of Minerals
417  Revocation and Enforcement
419  Reporting Requirements

Chapter 5. Restriction of Financial Interests of Employees

Sec.
501  Authority
503  Responsibility
505  Penalties
507  Who Shall File
509  When to File
511  Where to File
513  What to Report
515  Gifts and Gratuities
517  Resolving Prohibited Interest
519  Appeals Procedure

Chapter 7. Exemption for Coal Extraction Incident to Government-
financed Highway or Other Construction

Sec.
701  Responsibility
703  Applicability
705  Information to be Maintained on Site

Subpart II. Areas Unsuitability for Mining

Chapter 9. General

Sec.
901  Authority
903  Responsibility

Chapter 11. Areas Designated by Act of Congress

Sec.
1101  Authority
1103  Responsibility
1105  Areas Where Mining Is Prohibited or Limited
1107  Procedures

Chapter 13. Criteria For Designating Lands as Unsuitable for 
Surface Coal Mining Operations

Sec.
1301  Responsibility
1303  Criteria For Designating Lands as Unsuitable
1305  Land Exempt From Designation as Unsuitable for Surface Coal 
Mining Operations
1307  Exploration or Development on Land Designated as Unsuitable 
for Surface Coal Mining Operations

Chapter 15. State Process For Designating Areas Unsuitable for 
Surface Coal Mining Operations

Sec.
1501  Procedures: Petitions
1503  Procedures: Initial Processing, Record Keeping, and 
Notification Requirements
1505  Procedures: Hearing Requirements
1507  Procedures: Decision
1509  Data Base and Inventory System Requirements
1511  Public Information
1513  Responsibility for Implementation

Subpart III. Surface Coal Mining and Reclamation Operations Permits and 
Coal Exploration and Development Procedures Systems

Chapter 17. General Requirements for Permit or Exploration 
Procedure Systems

Sec.
1701  Responsibilities
1703  Applicability
1705  Coordination with Requirements Under Other Laws

Chapter 19. General Requirements for Permits and Permit 
Applications

Sec.
1901  General Requirements for Permits: Operators
1903  Compliance with Permits
1905  Permit Filing Application Deadlines
1907  Permit Applications: General Requirements for Format and 
Contents
1909  Permit Fees
1911  Verification of Application

Chapter 21. Coal Exploration and Development

Sec.
2101  Notice Requirements for Exploration Removing 250 Tons of Coal 
or Less
2103  Permit Requirements for Exploration Removing More than 250 
Tons of Coal, or Occurring on Lands Designated as Unsuitable for 
Surface Coal Mining Operations.
2105  Coal Exploration Compliance Duties
2107  Commercial Use or Sale
2109  Public Availability of Information

[[Page 18175]]

Chapter 23. Surface Mining and Permit Applications: Minimum 
Requirements for Legal, Financial, Compliance and Related 
Information

Sec.
2301  Responsibility
2303  Applicability
2305  Identification of Interests
2307  Compliance Information
2309  Right of Entry and Operation Information
2311  Relationship to Areas Designated Unsuitable for Mining
2313  Permit Term Information
2315  Personal Injury and Property Damage Insurance Information
2317  Identification of Other Licenses and Permits
2319  Identification of Location of Public Office for Filing of 
Application
2321  Newspaper Advertisement and Proof of Publication
2323  Facilities or Structures Used in Common
2325  Additional Information

Chapter 25. Surface Mining and Permit Applications: Minimum 
Requirements for Information on Environmental Resources

Sec.
2501  Responsibilities
2503  General Requirements
2505  General Environmental Resources Information
2507  Description of Hydrology and Geology: General Requirements
2509  Geology Description
2511  Groundwater Information
2513  Surface-water Information
2515  Supplemental Information
2517  Baseline Cumulative Impact Area Information
2519  Modeling
2521  Alternative Water Source Information
2523  Probable Hydrologic Consequences Determination
2525  Cumulative Hydrologic Impact Assessment
2527  Climatological Information
2529  Vegetation Information
2531  Soil Resources Information
2533  Land Use Information
2535  Maps: General Requirements
2537  Cross-sections, Maps and Plans
2539  Prime Farmland Investigation

Chapter 27. Surface Mining Permit Applications: Minimum 
Requirements for Reclamation and Operation

Sec.
2701  Responsibilities
2703  Operation Plan: General Requirements
2705  Operation Plan: Existing Structures
2707  Operation Plan: Blasting
2709  Operation Plan: Maps and Plans
2711  Air Pollution Control Plan
2713  Fish and Wildlife Plan
2715  Reclamation Plan: General Requirements
2717  Reclamation Plan: Protection of Hydrologic Balance
2719  Groundwater Monitoring Plan
2721  Surface-water Monitoring Plan
2723  Reclamation Plan: Post-mining Land Uses
2725  Reclamation Plan: Siltation Structures, Impoundments, Banks, 
Dams and Embankments
2727  Reclamation Plan: Surface Mining near Underground Mining
2729  Diversions
2731  Protection of Public Parks and Historic Places
2733  Relocation or Use of Public Roads
2735  Disposal of Excess Spoil
2737  Road Systems
2739  Support Facilities

Chapter 29. Requirements for Permits for Special Categories of 
Mining

Sec.
2901  Experimental Practices Mining
2903  Steep Slope Mining
2905  Permits Incorporating Alternatives from Approximately Original 
Contour Restoration Requirements for Steep Slope Mining
2907  Prime Farmlands
2909  Coal Processing Plants or Support Facilities Not Located 
Within the Permit Area of a Specified Mine
2911  In Situ Processing Activities

Chapter 31. Public Participation, Approval of Permit Applications 
and Permit Terms and Conditions

Sec.
3101  Responsibilities
3103  Public Notices of Filing of Permit Applications
3104  Revisions of Permits
3105  Opportunity for Submission of Written Comments on Permit 
Applications
3107  Right to File Written Objections
3109  Public Hearings
3111  Public Availability of Information in Permit Applications on 
File with the Office
3113  Review of Permit Applications
3115  Criteria for Permit Approval or Denial
3117  Criteria for Permit Approval or Denial: Existing Structures
3119  Permit Approval or Denial Actions
3121  Permit Terms
3123  Conditions of Permits: General and Right of Entry
3125  Conditions of Permits: Environmental, Public Health and Safety
3127  Improvidently Issued Permits: General Procedures
3129  Improvidently Issued Permits: Revocation Procedures
3131  Verification of Ownership or Control Application Information
3133  Review of Ownership or Control and Violation Information
3135  Procedures for Challenging Ownership or Control Links Shown in 
AVS
3137  Standards for Challenging Ownership or Control Links and the 
Status of Violations

Chapter 33. Administrative and Judicial Review of Permit Decisions

Sec.
3301  Formal Hearing
3303  Judicial Review

Chapter 35. Permit Reviews and Renewals, and Transfer, Sale and 
Assignment of Rights Granted Under Permits

Sec.
3501  Responsibilities
3503  Department Review of Outstanding Permits
3505  Permit Modifications and Revisions
3507  Permit Renewals: General Requirements
3509  Permit Renewals: Completed Applications
3511  Permit Renewals: Terms
3513  Permit Renewals: Approval or Denial
3515  Transfer, Assignment or Sale of Permit Rights: General 
Requirements
3517  Transfer, Assignment or Sale of Permit Rights: Obtaining 
Approval

Chapter 37. Small Operator Assistance

Sec.
3701  Authority
3703  Responsibilities: General
3705  Eligibility for Assistance
3707  Filing for Assistance
3709  Application Approval and Notice
3711  Program Services and Data Requirements
3713  Qualified Laboratories
3715  Assistance Funding
3717  Applicant Liability

Subpart IV. Bond and Insurance Requirements for Surface Coal Mining and 
Reclamation Operations

Chapter 39. General Requirements of Bonding of Surface Coal Mining 
and Reclamation Operations Under Regulatory Program

Sec.
3901  Requirements to File a Bond
3903  Requirements to File Certificate of Liability Insurance
3905  Responsibilities

Chapter 41. Amount and Duration of Performance Bond

Sec.
4101  Determination of Bond Amount
4103  Minimum Amount
4105  Period of Liability
4107  Adjustment of Amount

Chapter 43. Form, Conditions and Terms of Performance Bonds and 
Liability Insurance

Sec.
4301  Form and Performance of Bond
4303  Terms and Condition of the Bond
4305  Self Bonding
4307  Replacement of Bonds
4309  Terms and Conditions for Liability Insurance

Chapter 45. Procedures, Criteria and Schedule for Release of 
Performance Bond

Sec.
4501  Procedures for Seeking Release of Performance Bond
4503  Criteria and Schedule for Release of Performance Bond

Chapter 47. Performance Bond Forfeiture Criteria and Procedures

Sec.
4701  General
4703  Procedures
4705  Criteria for Forfeiture
4707  Determination of Forfeiture Amount

[[Page 18176]]

Subpart V. Permanent Program Performance Standard

Chapter 49. Permanent Program Performance Standards: General 
Provisions

Sec.
4901  Responsibility

Chapter 51. Permanent Program Performance Standards: Coal 
Exploration and Development Operations

Sec.
5101  General Responsibility of Persons Conducting Coal Exploration 
or Development
5103  Required Documents
5105  Performance Standards for Coal Exploration or Development

Chapter 53. Permanent Program Performance Standards for Surface 
Mining Activities

Sec.
5301  Signs and Markers
5303  Casing and Sealing of Drilled Holes: General Requirements
5305  Casing and Sealing of Drilled Holes: Temporary
5307  Casing and Sealing of Drilled Holes: Permanent
5309  Topsoil: General Requirements
5311  Topsoil and Subsoil
5313  Hydrologic Balance: General Requirements
5315  Hydrologic Balance: Water Quality Standards and Effluent 
Limitations
5317  Hydrologic Balance: Diversions
5319  Hydrologic Balance: Sediment Control Measures
5321  Hydrologic Balance: Siltation Structures
5323  Hydrologic Balance: Discharge Structures
5325  Hydrologic Balance: Acid-forming and Toxic-forming Materials
5327  Hydrologic Balance: Impoundments
5329  Hydrologic Balance: Groundwater Protection
5331  Hydrologic Balance: Surface-water Protection
5333  Hydrologic Balance: Surface- and Ground-water Monitoring
5335  Hydrologic Balance: Transfer of Wells
5337  Hydrologic Balance: Water Rights and Replacement
5339  Hydrologic Balance: Discharges into an Underground Mine
5341  Hydrologic Balance: Post-mining Rehabilitation of 
Sedimentation Ponds, Diversions, Impoundments and Treatment 
Facilities
5343  Hydrologic Balance: Stream Buffer Zones
5345  Coal Recovery
5347  Use of Explosives: General Requirements
5349  Use of Explosives: Pre-blasting Survey
5351  Use of Explosives: Blasting Schedule
5353  Use of Explosives: Blasting Signs, Warnings and Access Control
5355  Use of Explosives: Control of Adverse Effects
5357  Use of Explosives: Records of Blasting Operations
5359  Disposal of Excess Spoil: General Requirements
5361  Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills
5363  Disposal of Excess Spoil: Durable Rock Fills
5365  Disposal of Excess Spoil: Preexisting Benches
5367  Protection of Underground Mining
5369  Coal Mine Waste: General Requirements
5371  Coal Mine Waste: Refuse Piles
5373  Coal Processing Waste: Burning and Burned Waste Utilization
5375  Disposal of Noncoal Wastes
5377  Coal Mine Waste: Impounding Structures
5379  Stabilization of Surface Areas
5381  Air Resources Protection
5383  Protection of Fish, Wildlife and Related Environmental Values
5385  Slides and Other Damages
5387  Contemporaneous Reclamation
5389  Backfilling and Grading: Time and Distance Requirements
5391  Backfilling and Grading: General Grading Requirements
5393  Backfilling and Grading: Thin Overburden
5395  Backfilling and Grading: Thick Overburden
5397  Revegetation: General Requirements
5399  Revegetation: Timing
53101  Revegetation: Mulching and Other Soil Stabilizing Practices
53103  Revegetation: Standards for Success
53105  Cessation of Operations: Temporary
53107  Cessation of Operations: Permanent
53109  Post-mining Land Use
53111  Roads: General
53113  Primary Roads
53115  Utility Installations
53117  Support Facilities

Chapter 55. Special Permanent Program Performance Standards: 
Operations on Prime Farmland

Sec.
5501  Prime Farmland: Scope and Purpose
5503  Prime Farmland: Soil Removal and Stockpiling
5505  Prime Farmland: Soil Replacement
5507  Prime Farmland: Revegetation and Restoration of Soil 
Productivity

Chapter 57. Special Permanent Program Performance Standards: 
Operations on Steep Slopes

Sec.
5701  Applicability
5703  Steep Slopes: Backfilling and Grading: Steep Slopes

Chapter 59. Special Permanent Program Performance Standards: Coal 
Preparation Plants and Support Facilities Not Located at or Near 
the Minesite or Not Within the Permit Area for a Mine

Sec.
5901  Applicability
5903  Coal Plants: Performance Standards

Chapter 61. Special Permanent Program Performance Standards: in 
Situ Processing

Sec.
6101  In Situ Processing: Performance Standards
6103  In Situ Processing: Monitoring

Chapter 63. Inspections

Sec.
6301  Inspections
6303  Citizens' Requests for Inspections
6305  Right of Entry
6307  Review of Adequacy and Completeness of Inspection
6309  Review of Decisions Not to Inspect or Enforce
6311  Availability of Records

Chapter 65. Enforcement

Sec.
6501  Cessation Orders
6503  Notice of Violation
6505  Suspension or Revocation of Permits
6507  Service of Notices of Violation and Cessation Orders
6509  Termination of Order
6511  Formal Review of Citations
6513  Failure to Give Notice and Lack of Information
6515  Inability to Comply
6517  Compliance Conference
6519  Enforcement Actions at Abandoned Sites

Chapter 67. Civil Penalties

Sec.
6701  How Assessments Are Made
6703  When Penalty Will Be Assessed
6705  Point System for Penalties
6707  Determination of Amount of Penalty
6709  Assessments of Separate Violations for Each Day
6711  Waiver of Use of Formula to Determine Civil Penalty
6713  Procedures for Assessment of Civil Penalties

Chapter 69. Individual Civil Penalties

Sec.
6901  When an Individual Civil Penalty May Be Assessed
6903  Amount of Individual Civil Penalty
6905  Procedure for Assessment of Individual Civil Penalty
6907  Payment of Penalty

Chapter 71. Petitions for Award of Costs and Expenses

Sec.
7101  Who May File
7103  Where to File: Time for Filing
7105  Contents of Petition
7107  Answer
7109  Who May Receive an Award
7111  Awards
7113  Appeal

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 Mississippi program.

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 Birmingham Field Office will 
not necessarily be considered in the final rulemaking or included in 
the Administrative Record.

[[Page 18177]]

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t. on April 29, 1998. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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. If no one requests an opportunity to speak 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end 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. 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

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).

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 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 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.

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)).

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 
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 determinations as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Unfunded Mandates

    OSM has determined and certifies pursuant to 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: April 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-9769 Filed 4-13-98; 8:45 am]
BILLING CODE 4310-05-M