[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Proposed Rules]
[Pages 58873-58875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22017]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
[CO-033-FOR]
Colorado Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: We are announcing receipt of additional revisions pertaining
to a previously proposed amendment to the Colorado regulatory program
(hereinafter, the ``Colorado program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA or the Act). The additional
revisions were submitted by Colorado July 23, 2003. Colorado proposes
revisions to require a weed management plan as part of the permit
application, and as part of the cropland revegetation success criteria,
to consider crop production for two of the last four years of the
liability period, but not consider crop production prior to year nine
of the liability period and with respect to annual grain crops for
which the cropping cycle may incorporate a summer fallow year, two of
the last four cropping years will be considered.
DATES: We will accept written comments on this amendment until 4 p.m.,
m.d.t. October 18, 2004.
ADDRESSES: You may submit comments, identified by Docket No. CO-033-
FOR, by any of the following methods:
E-mail: [email protected]. Include ``Docket No. CO-033-
FOR'' in the subject line of the message;
Mail: James F. Fulton, Chief, Denver Field Division, OSM,
P.O. Box 46667, Denver, CO 80201-6667;
Hand delivery: James F. Fulton, Chief, Denver Field
Division, OSM, 1999 Broadway, Suite 3320, Denver, CO 80202-5733;
Fax: (303) 844-1545; and
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name and
docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Colorado
program, this amendment, and all written comments received in response
to this document, you must go to the addresses listed below during
normal business hours, Monday through Friday, excluding holidays. You
may receive one free copy of the amendment by contacting OSM's Denver
Field Division.
In addition, you may review a copy of the amendment during regular
business hours by contacting the following individuals at their
respective locations:
James F. Fulton, Chief, Denver Field Division, Office of Surface Mining
Reclamation and Enforcement, P.O. Box 46667, Denver, CO 80201-6667.
(303) 844-1400, extension 1424.
David A. Berry, Coal Program Supervisor, Colorado Division of Minerals
and Geology, 1313 Sherman Street Room 215, Denver, Colorado 80203.
Telephone: (303) 866-3873.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, telephone: (303) 844-
1400, ext. 1424, e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Colorado Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Colorado Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Colorado program on December 15, 1980. You
can find background information on the Colorado program, including the
Secretary's findings, the disposition of comments, and the conditions
of approval of the Colorado program in the December 15, 1980, Federal
Register (45 FR 82173). You can also find later actions concerning
Colorado's program and program amendments at 30 CFR 906.15, 906.16, and
906.30.
II. Description of Proposed Amendment
By letter dated March 27, 2003, Colorado sent us a proposed
[[Page 58874]]
amendment to its program pursuant to SMCRA (State Amendment Tracking
System number C0-033-FOR), administrative record number C0-696-1, under
SMCRA (30 U.S.C. 1201 et seq.). Colorado sent the proposed amendment in
response to the letters that we sent it in accordance with 30 CFR
732.17(c) on May 7, 1986, June 9, 1987, and March 22, 1990. The
amendment concerns prime farmland, revegetation, hydrology,
enforcement, topsoil, historic properties, and bond release
requirements. On April 4, 2003, Colorado sent us an addition to its
March 27, 2003, program amendment. It amended Rule 4.15.8(3)(a);
Revegetation Success Criteria.
In the June 3, 2003, Federal Register (68 FR 33032), we announced
receipt of the March 27, 2003, proposed amendment and its April 4,
2003, addition, provided an opportunity for a public hearing or meeting
on its substantive adequacy, and invited public comment on its
adequacy. Because no one requested a public hearing or meeting, none
was held. The public comment period ended on July 3, 2003. We received
comments from one Federal agency.
By letter dated July 23, 2003, Colorado submitted additional
revisions to the amendment. These proposed revisions added a
requirement for a weed management plan and revised provisions
pertaining to revegetation success for cropland. We announced these
revisions and provided a shortened comment period in the Federal
Register dated November 20, 2003 (68 FR 65422).
By letters dated September 1, 2004, and September 4, 2004, the
Rocky Mountain Director of Public Employees for Environmental
Responsibility (PEER) requested that we reopen the comment period for
the proposed amendment submitted by Colorado on July 23, 2003. PEER
stated that our notice was incorrect in its explanation of the
amendment and that it failed to include the full text of the amendment
as required by 30 CFR 732.17(h) for shortened comment periods. With
this notice, we are publishing the full text of Colorado's July 23,
2003, submission.
In its July 23, 2003, submittal, Colorado proposes revisions to
rule Rule 4.15.1, Weed Management Plan; Rule 4.15.9, Revegetation
Success Criteria: Cropland; and Rule 1.04(78), Definition of Noxious
Weeds. The full text of the proposed revision is as follows, with the
bracketed language to be removed and the italicized language to be
added:
Amend Rule 4.15.1 by adding (5) as follows:
(5) Each operator shall submit a weed management plan that will
become part of the permit requirements. Species to be considered
shall be noxious weeds as set forth in the permit. The plan shall
also address invasion of other weed species that seriously threaten
the continued development of desired vegetation. Weed control
methods shall also be used whenever the inhabitation of the
disturbed area by weeds threatens further spread of weeds to nearby
areas.
Amend Rule 1.04(78) as follows:
``Noxious [plants] weeds'' means species that have been included
on official State or county lists of noxious [plants] weeds.
Amend Rule 4.15.9 as follows:
4.15.9 Revegetation Success Criteria: Cropland. For areas to be
used as cropland, success of revegetation shall be determined on the
basis of crop production from the mined area as compared to approved
reference areas or other approved standard(s). Crop production from
the mined area shall not be less than that of the approved reference
area or standard for [the last] two of the last four years of the
[extended] liability period established in 3.02.3. Crop production
shall not be considered prior to year nine of the liability period.
With respect to annual grain crops for which the cropping cycle may
incorporate a summer fallow year, two of the last four cropping
years will be considered. This liability period shall commence on
the date of initial planting of the crop being grown. Production
shall be considered equal if it is not less than 90% of the
production as determined from the reference area or approved
standard with 90% statistical confidence.
III. Public Comment Procedures
Written Comments
Send your written comments to OSM at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. In the final rulemaking, we will not necessarily
consider or include in the administrative record any comments received
after the time indicated under DATES or at locations other than the
Denver Field Division.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: SATS No. CO-033-FOR'' and your name and return address
in your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Denver Field Division
at (303) 844-1400, ext. 1441.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
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--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 because
each 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.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and
[[Page 58875]]
reclamation operations. One of the purposes of SMCRA is to ``establish
a nationwide program to protect society and the environment from the
adverse effects of surface coal mining operations.'' Section 503(a)(1)
of SMCRA requires that State laws regulating surface coal mining and
reclamation operations be ``in accordance with'' the requirements of
SMCRA, and section 503(a)(7) requires that State programs contain rules
and regulations ``consistent with'' regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: a. does not
have an annual effect on the economy of $100 million; b. will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and c. does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S. based enterprises to compete with foreign-based
enterprises.
This determination is based upon the fact that the State submittal
which is the subject of this rule is based upon counterpart Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation was not considered a major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 906
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 15, 2004.
Allen D. Klein,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 04-22017 Filed 9-30-04; 8:45 am]
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