[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Proposed Rules]
[Pages 57504-57505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19961]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 780, 784, 816, and 817

[Docket Number OSM-2007-0007]
RIN 1029-AC04


Excess Spoil, Coal Mine Waste, and Buffers for Waters of the 
United States

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

ACTION: Proposed rule; notice of public hearings and extension of 
comment period.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing a 30-day extension of the comment period on a 
proposed rule published in the August 24, 2007, Federal Register and 
the accompanying draft environmental impact statement (DEIS). This 
notice also provides notice of the dates and locations for the public 
hearings that we will hold on the proposed rule and DEIS. The proposed 
rule concerns buffer zones, stream diversions, siltation structures, 
impoundments, and the creation and disposal of excess spoil and coal 
mine waste.

DATES: We will accept written comments on the proposed rule and DEIS on 
or before November 23, 2007. We will hold public hearings on the 
proposed rule and DEIS on October 24, 2007, at the locations listed in 
the SUPPLEMENTARY INFORMATION section of this notice.

ADDRESSES: Please submit comments by one of the methods listed below. 
We cannot guarantee that comments submitted by other means or to other 
addresses will be included in the docket for this rulemaking.
     Federal eRulemaking Portal: http://www.regulations.gov. 
The proposed rule and DEIS are listed under the agency name ``Office of 
Surface Mining Reclamation and Enforcement.'' The proposed rule has 
been assigned Docket ID: OSM-2007-0007. The DEIS has been assigned 
Docket ID: OSM-2007-0008.
    If you would like to submit comments through the Federal 
eRulemaking Portal, go to www.regulations.gov and do the following. 
Find the blue banner with the words ``Search Documents'' and go to 
``Optional Step 2.'' Select ``Office of Surface Mining Reclamation and 
Enforcement'' from the agency drop-down menu, then click the ``Submit'' 
button at the bottom of the page. The next screen will have the title 
``Document Search Results.'' The proposed rule is listed under the 
Docket ID as OSM-2007-0007. If you click on OSM-2007-0007, you can view 
the proposed rule, add comments, and view comments submitted by other 
persons. The DEIS is listed under the Docket ID as OSM-2007-0008. If 
you click on OSM-2007-0008, you can view the DEIS, add comments, and 
view comments submitted by other persons.
     Mail/Hand-Delivery/Courier: Office of Surface Mining 
Reclamation and Enforcement, Administrative Record, Room 252 SIB, 1951 
Constitution Avenue, NW., Washington, DC 20240.

Reviewing a Copy of the DEIS

    You may review the DEIS at any of the public libraries listed in 
the notice of availability published in the Federal Register on August 
24, 2007 (72 FR 48678-48679) or at the following locations:

Office of Surface Mining Reclamation and Enforcement, Administrative 
Record, Room 101 SIB, 1951 Constitution Avenue, NW., Washington, DC 
20240, 202-208-4264
Office of Surface Mining Reclamation and Enforcement, Appalachian 
Regional Office, Three Parkway Center, Pittsburgh, PA 15220, 412-937-
2909
Office of Surface Mining Reclamation and Enforcement, Mid-Continent 
Regional Office, Alton Federal Building, 501 Belle Street, Room 216, 
Alton, IL 62002, 618-463-6460
Office of Surface Mining Reclamation and Enforcement, Western Regional 
Office, 1999 Broadway, Suite 3320, Denver, CO 80201-6667, 303-844-1401

Public Hearing Locations

    See the SUPPLEMENTARY INFORMATION section of this notice for the 
addresses at which we will hold public hearings on the proposed rule 
and DEIS.

FOR FURTHER INFORMATION CONTACT: Dennis G. Rice, Office of Surface 
Mining Reclamation and Enforcement, U.S. Department of the Interior, 
1951 Constitution Avenue, NW., Washington, DC 20240. Telephone: 202-
208-2829.

SUPPLEMENTARY INFORMATION: On August 24, 2007 (72 FR 48890), we 
published a proposed rule proposing to amend our regulations concerning 
stream buffer zones, stream diversions, siltation structures, 
impoundments, and the creation and disposal of excess spoil and coal 
mine waste. Among other things, this proposed rule would require that 
surface coal mining operations be designed to minimize the creation of 
excess spoil and the adverse environmental impacts of fills constructed 
to dispose of excess spoil and coal mine waste. It would apply the 
buffer requirement to all waters of the United States, not just 
perennial and intermittent streams. The rule would clearly specify the 
activities to which that requirement does and does not apply and the 
limitations on conducting activities within the buffer, either under a 
variance or an exception. It also would specify requirements to protect 
aquatic and other resources when an activity is conducted under either 
a variance or an exception.
    The comment period on the proposed rule and the DEIS was scheduled 
to close October 23, 2007. However, we received numerous requests to 
extend the comment period. After reviewing the requests, we are 
extending the deadline for submission of comments by 30 days. The 
comment period for both the proposed rule and the DEIS will now close 
November 23, 2007.
    We also received numerous requests to hold public hearings on the 
proposed

[[Page 57505]]

rule and DEIS. After reviewing the requests, we have decided to hold 
four public hearings on October 24, 2007, at the following locations:
     Holiday Inn Charleston (Charleston House), 600 Kanawha 
Boulevard East, Charleston, West Virginia.
     Hazard Community & Technical College, Hazard Campus, Jolly 
Center, Room 208, One Community College Drive, Hazard, Kentucky.
     Pellissippi State Technical Community College, Goins 
Auditorium, 10915 Hardin Valley Road, Knoxville, Tennessee.
     Ramada Inn Washington, 1170 West Chestnut Street, 
Washington, Pennsylvania.
    All hearings are scheduled to begin at 6 p.m. and end at 9 p.m. 
They will be open to anyone who would like to attend or testify. If you 
do not sign up to testify initially, but later decide that you wish to 
do so, you will be allowed to testify after all scheduled speakers have 
finished.
    The primary purpose of the hearings is to obtain input on the 
proposed rule and DEIS. A public hearing is not an adversarial process. 
Therefore, we encourage you to limit your testimony to the merits of 
the provisions of the proposed rule and DEIS.
    At the hearing, a court reporter will record and make a written 
record of the statements presented. This written record will be made 
part of the docket for the rule. If you have a written copy of your 
testimony, we encourage you to provide a copy to assist the court 
reporter in preparing the written record. Please do not feel 
intimidated by either the reporter or the formal structure of the 
hearing.
    If you are a disabled individual who needs reasonable accommodation 
to attend a public hearing, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.

    Dated: October 1, 2007.
Foster L. Wade,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. E7-19961 Filed 10-9-07; 8:45 am]
BILLING CODE 4310-05-P