Permanent program and abandoned mine land reclamation plan submissions: New Mexico,

[Federal Register: December 3, 1998 (Volume 63, Number 232)]

[Proposed Rules]

[Page 66774-66776]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03de98-27]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 931

[NM-037-FOR]

New Mexico Regulatory Program

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

ACTION: Proposed rule; reopening and extension of public comment period on proposed amendment.

SUMMARY: Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of revisions and additional explanatory information pertaining to previously proposed amendment to the New Mexico regulatory program (hereinafter, the ``New Mexico program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The revisions and additional explanatory information for New Mexico's proposed rules pertain to permit application contents for operations exclusively under reclamation and the timing of backfilling and grading. The amendment is intended to revise the New Mexico program to incorporate the additional flexibility afforded by the revised Federal regulations, as amended, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t. December 18, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to Willis L. Gainer at the address listed below.

Copies of the New Mexico 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.

Willis L. Gainer, Director, Albuquerque Field Office, Office of Surface Mining Reclamation and Enforcement, 505 Marquette Avenue, NW., Suite 1200, Albuquerque, New Mexico 87102 Mining and Minerals Division, New Mexico Energy & Minerals Department 2040 South Pacheco Street, Santa Fe, New Mexico 87505, Telephone: (505) 827-5970

FOR FURTHER INFORMATION CONTACT: Willis L. Gainer, Telephone: (505) 248-5096, Internet address WGAINER@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

1. Background on the New Mexico Program

   On December 31, 1980, the Secretary of the Interior conditionally approved the New Mexico program. General background information on the New Mexico program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the New Mexico program can be found in the December 31, 1980, Federal Register (45 FR 86459). Subsequent actions concerning New Mexico's program and program amendments can be found at 30 CFR 931.11, 931.15, 931.16, and 931.30.

2. Proposed Amendment

   By letter dated March 11, 1996, New Mexico submitted a proposed amendment (administrative record No. NM-773) to its program pursuant to

   [[Page 66775]]

   SMCRA (30 U.S.C. 1201 et seq.). OSM announced receipt of the proposed amendment in the March 26, 1996, Federal Register (61 FR 13117; administrative record No. NM-802), provided an opportunity for a public hearing or meeting on its substantive adequacy, and invited public comment on its adequacy. Because no none requested a public hearing or meeting, none was held. The public comment period ended on April 25, 1996.

   During its review of the amendment, OSM identified concerns relating to the provisions of Coal Surface Mining Commission (CSMC) Rules 80-1-5-23(a) and 80-1-15-11 through 80-1-15-27, minimum requirements for permit applications concerning coal mining operations exclusively under reclamation, and CSMC Rule 80-1-20-101(a)(1) and (3), timing of backfilling and grading. OSM notified New Mexico of the concerns by letter dated May 15, 1996 (administrative record No. NM- 885).

   Please note that by letter dated January 6, 1998, New Mexico submitted a proposed amendment (administrative record No. NM-795) to recodify the New Mexico Surface Coal Mining Regulations. New Mexico recodified its rules from Coal Surface Mining Code Rule 80-1 (CSMC Rule 80-1), sections 1 through 15 and sections 19 through 34, to Title 19 (Natural Resources and Wildlife), Chapter 8, (Coal Mining), Part 2 (Cold Surface Mining) of the New Mexico Administrative Code (19 NMAC 8.2), Subparts 1 through 34. No substantive changes to the text of the rules were proposed. OSM approved the recodification of New Mexico's rules on June 8, 1998 (63 FR 31112, administrative record No. NM-805). For purposes of clarity, OSM will hereinafter give both the recodified and the old citations of New Mexico's proposed revisions that are the subject of this document.

   New Mexico responded in a letter dated November 9, 1998, by submitting a revised amendment and additional explanatory information (administrative record No. NM-803). New Mexico proposes to further revise its program by (1) withdrawing it's proposed revision of 19 NMAC 8.2 505.A (old CSMC Rule 80-1-5-23(a)) and withdrawing in its entirety the proposed addition of Subpart 15 (old CSMC Rules 80-1-15-11 through 80-1-15-27), concerning minimum requirements for permit applications pertaining to coal mining operations exclusively under reclamation, and (2) revising and submitting additional explanatory information for 19 NNMAC 8.2 2054.A (old CSMC Rules 80-1-20-101(a)), concerning the timing of backfilling and grading.

   Specifically, New Mexico proposes to:

   (1) Withdraw it's proposed revision at 19 NMAC 8.2 505.A (old CSMC Rule 80-1-5-23(a)) and withdraw in its entirety the proposed addition of Subpart 15 (old CSMC Rules 80-1-15-11 through 80-1-15-27), concerning minimum requirements for permit applications pertaining to coal mining operations exclusively under reclamation;

   (2) Submit additional explanatory information for 19 NMAC 8.2 2054.A (old CSMC Rules 80-1-20-101(a)), pertaining to timing of backfilling and grading; and

   (3) Further amended proposed 19 NMAC 8.2 2054.A by (a) revising 2054.A(2), pertaining to open pit mining, to allow for an annual backfilling and grading schedule based on either time or distance; (b) revising 2054.A(4), pertaining to surface areas disturbed incidental to underground mining activities, to require backfilling and grading in accordance with an annual time schedule; and (c) adding 2054.A(5), pertaining to any final pit at the completion of mining activities, to require that rough backfilling and grading occur in accordance with a time schedule approved by the Director of the New Mexico program.

3. Public Comment Procedures

   OSM is reopening the comment period on the proposed New Mexico program amendment to provide the public an opportunity to reconsider the adequacy of the proposed amendment in light of the additional materials submitted. 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 New Mexico program.

   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 Alburquerque Field Office will not necessarily be considered in the final rulemaking or included in the administrative record.

4. 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 has 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 sepcific 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.

   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.

      [[Page 66776]]

   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 931

      Intergovermental relations, Surface mining, Underground mining.

      Dated: November 24, 1998. Russell F. Price, Acting Regional Director, Western Regional Coordinating Center

      [FR Doc. 98-32187Filed12-2-98; 8:45 am]

      BILLING CODE 4310-05-M