[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8338]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
Colorado Permanent Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Colorado permanent regulatory program (hereinafter, the ``Colorado
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of changes to a memorandum of
understanding (MOU) between the Division of Minerals and Geology (DMG)
of the Colorado Department of Natural Resources and the Water Quality
Control Division (WQCD) of the Colorado Department of Health that
addresses water quality management at coal mines. The revised MOU
provides for the collection of water quality samples by DMG for
analysis when DMG suspects an unpermitted discharge, clarifies that
WQCD is solely responsible for enforcement of the Colorado Discharge
Permit System (CDPS) program, and provides for the issuance of a
cessation order by DMG in those instances of imminent danger to health
or safety or significant environmental harm. The amendment is intended
to revise the Colorado program to be consistent with the Federal
regulations and SMCRA.
DATES: Written comments must be received by 4 p.m., m.d.t. May 9, 1994.
If requested, a public hearing on the proposed amendment will be held
on May 2, 1994. Requests to present oral testimony at the hearing must
be received by 4 p.m., m.d.t. on April 22, 1994. Any disabled
individual who has a need for a special accommodation to attend a
public hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT.
ADDRESSES: Written comment should be mailed or hand delivered to Robert
H. Hagen at the address listed below.
Copies of the Colorado 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 amendment by
contacting OSM's Albuquerque Field Office:
Robert H. Hagen, Director, Albuquerque Field Office, Office of Surface
Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., Suite
1200, Albuquerque, NM 87102, Telephone: (505) 766-1486.
Colorado Division of Minerals and Geology, Department of Natural
Resources, 215 Centennial Building, 1313 Sherman Street, Denver,
Colorado 80203, Telephone: (303) 866-3567.
FOR FURTHER INFORMATION CONTACT: Robert H. Hagen, Telephone: (505) 766-
1486.
SUPPLEMENTARY INFORMATION:
I. Background on the Colorado Program
II. Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Colorado Program
On December 15, 1980, the Secretary of the Interior conditionally
approved the Colorado program. General background information on the
Colorado program, including the Secretary's findings, the disposition
of comments, and an explanation of the conditions of approval of the
Colorado program can be found in the December 15, 1980, Federal
Register (45 FR 82173). Actions taken subsequent to approval of the
Colorado program are codified at 30 CFR 906.15, 906.16, and 906.30.
II. Proposed Amendment
By letter dated March 18, 1994, Colorado submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
CO-604). Colorado submitted the proposed amendment in response to a
letter dated April 7, 1993 (administrative record No. CO-539), that OSM
sent to Colorado in accordance with 30 CFR 732.17(c). The concerns
raised by OSM in its 30 CFR part 732 letter pertained to a January 1985
MOU between the Colorado Department of Natural Resources (DNR) and the
Colorado Department of Health (DOH) which Colorado intended to
supersede a December 15, 1980, MOU between the two agencies. Whereas,
OSM had approved the 1980 MOU, Colorado had not submitted the 1985 MOU
to OSM, and OSM had not approved it in accordance with 30 CFR 732.15
and 732.17. The 1980 MOU provided that both DOH and DNR would inspect
coal mines for compliance with effluent limitations and specified that
should either agency determine that a water quality violation existed,
either agency could take the appropriate enforcement action in
accordance with its own regulations. The 1985 MOU stated that, ``as a
matter of general practice, DNR will be responsible for enforcing water
quality protection pertaining to the requirements for design and
maintenance of structures and the requirements to minimize disturbance
to the hydrologic balance from sources other than the point of
discharge,'' while DOH ``will be responsible for enforcing water
quality control standards at the point of discharge.''
In its 30 CFR part 732 letter, OSM notified Colorado that the
revised MOU was inconsistent with both SMCRA and the approved Colorado
program because under the division of responsibilities in the revised
MOU, only DOH has the authority to enforce effluent limitations, and
that if and when DOH decides to exercise that authority, enforcement
action is taken only under the provisions of the Colorado Discharge
Elimination System (CDES). The CDES is the State's water pollution
control program approved pursuant to the Federal Clean Water Act and is
not the coal mining regulatory program approved pursuant to SMCRA.
Since the enforcement provisions of the CDES program do not require the
citation of all violations and do not include sanctions and procedures
similar to those set forth in SMCRA, the Colorado program is not in
compliance with section 512(d) of SMCRA, which requires that a State
program incorporate sanctions no less stringent than SMCRA and contain
the same or similar procedural requirements.
Colorado proposes to add new language to the section titled
``Inspections, Monitoring and Sample Analysis'' to provide that in
those instances where DMG suspects an unpermitted discharge, DMG shall
collect a water quality sample for analysis. Colorado proposes to add
new language in the section titled ``Enforcement'' to provide that: (1)
WQCD shall be solely responsible for enforcement of the CDPS permit
program against point source discharges of pollutants into the State's
surface waters that are conducted without an effective CDPS permit and
for the enforcement of CDPS permit conditions and (2) DMG will issue a
cessation order if during a coal mine inspection, DMG determines that
there is imminent danger to the health or safety of the public or
significant environmental harm to land, air or water resources.
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 Colorado 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 Albuquerque 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 p.m., m.d.t.
on April 22, 1994. 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 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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 12550) 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 (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 906
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 1, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-8338 Filed 4-6-94; 8:45 am]
BILLING CODE 4310-05-M