[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50177-50179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25116]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 934

[ND-038-FOR, Amendment NO. XXVII]


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: 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 the addition of the: definition of water 
supply, and revision of existing rules on: rulemaking notices, 
consolidation of information in permits, water management design plans, 
annual maps, wildlife monitoring reports, subsoil removal approvals, 
soil respreading requirements, sedimentation pond performance 
standards, and noncoal waste disposal. In addition to the above, the 
U.S. Office of Surface Mining is proposing to: remove the program 
requirement at 30 CFR 934.16(n) concerning the submission of specific 
fish and wildlife resource information.
    The amendment is intended to revise the North Dakota program to be 
consistent with the corresponding Federal regulations and incorporate 
the additional flexibility afforded by the revised Federal regulations 
and provide additional safeguards, and clarify ambiguities, and improve 
operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.d.t. October 
21, 1998. If requested, a public hearing on the proposed amendment will 
be held on October 16, 1998. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t. on October 6, 1998.

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

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amendment by contacting OSM's Casper 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, Telephone: 307/261-6550
Jim Deutsch, Director, Reclamation Division, North Dakota Public 
Service Commission, Capitol Building, 600 E. Boulevard Ave., Bismarck, 
North Dakota 58505-0480, Telephone: 701/328-2251

FOR FURTHER INFORMATION CONTACT:
Guy Padgett, Telephone: 307/261-6550; Internet: [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 and 934.16.

II. Proposed Amendment

    By letter dated September 2, 1998, North Dakota submitted a 
proposed amendment to its program pursuant to SMCRA (Amendment number 
XXVII, administrative record No. ND-BB-01, 30 U.S.C. 1201 et seq.). 
North Dakota submitted the proposed amendment in response to a July 17, 
1997 letter (administrative record No. ND-BB-02) that OSM sent to North 
Dakota in accordance with 30 CFR 732.17(c), and in response to the 
required program amendments at 30 CFR 934.16(cc) and at its own 
initiative. The provisions of the North Dakota Administrative Code 
(NDAC) that North Dakota proposed to revise and add were: (1) NDAC 69-
05.2-01-02.90, Replacement of water supply; (2) NDAC 69-05.2-01-03, 
publication of hearing notices; (3) NDAC 69.05.2-05-09, Permit 
Applications--Consolidation for multiple permit operations; (4) NDAC 
69-05.2-09-09, Permit applications--Operation plans--Surface water 
management--Ponds, impoundments, banks, dams, embankments, and 
diversions; (5) NDAC 69-05.2-13-02, Performance standards--General 
requirements--Annual map; (6) NDAC 69-05.2-13-08, Performance 
standards--General requirements Protection of fish, wildlife, and 
related environmental values; (7) NDAC 69-05.2-15-02, Performance 
standards--Suitable plant growth material--Removal; (8) NDAC 69-05.2-
15-04, Performance standards--Suitable plant growth material--
Redistribution; (9) NDAC 69-05.2-16-09, Performance standards--
Hydrologic balance--Sedimentation ponds; and (10) NDAC 69-05.2-19-04, 
Performance standards--Waste materials--Disposal of noncoal wastes. In 
addition, the U.S. Office of Surface Mining is proposing to remove the 
program requirement at 30 CFR 934.16(n) which would have revised NDAC 
69-05.2-08-15(3)(a), to require the submission of site-specific fish 
and wildlife resource information when the permit or adjacent areas are 
likely to include species listed or proposed to be listed by North 
Dakota under State statutes similar to the Endangered Species Act.

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 October 6, 1998. 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 requested 
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 12988

    The Department of the Interior had conducted the reviews required 
by section 3 of Executive Order 12988 (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 State 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))

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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 date and 
assumptions for the counterpart Federal regulations.

6. Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 934

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 10, 1998.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-25116 Filed 9-18-98; 8:45 am]
BILLING CODE 4310-05-M