[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Proposed Rules]
[Pages 40773-40778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19962]


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DEPARTMENT OF THE INTERIOR

 Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

[SPATS No. MS-012-FOR]


Mississippi Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Mississippi regulatory program (hereinafter the ``Mississippi 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of revisions to the 
Mississippi Surface Coal Mining and Reclamation Law pertaining to 
definitions, reorganization, adoption of rules and regulations, small 
operator assistance program, permit applications, permit fees, 
reclamation plans, performance bonds, permit issuance, permit 
reissuance, permit revision, public participation, public hearings, 
formal hearings, confidentiality claims, environmental protection 
performance standards, postmining land use, underground coal mining, 
mine entrance signs, violation complaints, civil penalties, bond 
release, bond forfeiture, suspension and revocation of permits, 
designating lands unsuitable for surface coal mining, and creation of a 
``Surface Coal Mining and Reclamation Fund.'' The amendment is intended 
to revise the Mississippi program to be consistent with SMCRA, clarify 
ambiguities, and improve operational efficiency.
    This document sets forth the times and locations that the 
Mississippi program and proposed amendment to that program are 
available for public inspection, the comment period during which 
interested persons may submit written comments on the proposed 
amendment, and the procedures that will be followed regarding the 
public hearing, if one is requested.

DATES: Written comments must be received by 4:00 p.m., c.d.t., August 
29, 1997. If requested, a public hearing on the proposed amendment will 
be held on August 25, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., c.d.t. on August 14, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Arthur

[[Page 40774]]

W. Abbs, Director, Birmingham Field Office, at the address listed 
below.
    Copies of the Mississippi program, the proposed amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document will be available for public 
review at the address 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 Birmingham Field 
Office.
    Arthur W. Abbs, Director, Birmingham Field Office, Office of 
Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 
215, Homewood, Alabama 35209, Telephone: (205) 290-7282.
    Mississippi Department of Environmental Quality, Office of Geology, 
2380 Highway 80 West, P.O. Box 20307, Jackson, Mississippi 39289-1307, 
Telephone: (601) 961-5500.

FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham 
Field Office, Telephone: (205) 290-7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi Program

    On September 4, 1980, the Secretary of the Interior conditionally 
approved the Mississippi program. Background information on the 
Mississippi program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval can be found in 
the September 4, 1980, Federal Register (45 FR 58520). Subsequent 
actions concerning the conditions of approval and program amendments 
can be found at 30 CFR 924.10, 924.12, and 924.16.

II. Description of the Proposed Amendment

    By letter dated May 6, 1997 (Administrative Record No. MS-0338), 
Mississippi submitted a proposed amendment to its program pursuant to 
SMCRA. Mississippi submitted the proposed amendment in response to the 
required amendment at 30 CFR 924.16. On March 10, 1997, the Governor of 
Mississippi signed Senate Bill No. 2725, which contains both 
substantive and nonsubstantive changes to the Mississippi Surface Coal 
Mining and Reclamation Law (Mississippi Code of 1972). The full text of 
the proposed program amendment submitted by Mississippi is available 
for public inspection at the locations listed above under ADDRESSES. A 
brief discussion of the proposed amendment is presented below.

A. Nonsubstantive Changes to the Mississippi Code of 1972

    Mississippi proposes minor wording changes, citation corrections, 
revised paragraph notations, and other organizational changes resulting 
from this amendment throughout its statutes, including the following 
sections: Sec. 53-9-3, Legislative findings and declarations; Sec. 53-
9-5, Purpose; Sec. 53-9-19, Financial interest of persons employed 
under this chapter--penalty--monitoring and enforcement; Sec. 53-9-21, 
Surface coal mining and reclamation permit--term--extensions--use by 
successor in interest--termination; Sec. 53-9-49, Authorized departures 
from performance standards; Sec. 53-9-51, Records, reports and 
equipment to be maintained by permittees--evaluation of results--
specification of monitoring sites--entry and inspection--release of 
materials to public; Sec. 53-9-61, Criminal penalties--resisting, 
preventing, impeding, or interfering with performance of duties; 
Sec. 53-9-63, Nonexclusivity of penalty provisions; Sec. 53-9-73, 
Cooperation with secretary of interior; Sec. 53-9-75, Application of 
chapter to public corporations; Sec. 53-9-83, Lease of state coal 
deposits; Sec. 53-9-85, Enforcement and protection of water rights; and 
Sec. 53-9-87, Training, examination, and certification of persons 
responsible for blasting.

B. Statutes Removed From the Mississippi Code of 1972

    The following statutes were repealed: Sec. 53-9-13, Creation of 
surface mining and reclamation operations section; Sec. 53-9-15, 
Creation of surface mining review board; Sec. 53-9-17, Director of 
bureau of geology and energy resources--powers and duties; Sec. 53-9-
59, Criminal penalties--failure to make or making of false statement, 
representation or certification; Sec. 53-9-79, Review board--judicial 
review of decision; and Sec. 53-9-91, Fees.

C. Substantive Changes to the Mississippi Code of 1972

    1. Section 53-9-7, Definitions. Mississippi amended its definition 
section by deleting old terms, adding new terms, and revising existing 
terms as follows:
    The following previously approved defined terms were removed: 
Sec. 53-9-7(a), Act; Sec. 53-9-7(b), Administrator; Sec. 53-9-7(d), 
Bureau; Sec. 53-9-7(e), Chief; Sec. 53-9-7(i), Director; Sec. 53-9-
7(j), Division; Sec. 53-9-7(r), Public Law 95-87; Sec. 53-9-7(t), 
Review board; and Sec. 53-9-7(u), Section.
    A definition for the term ``Appeal'' was added at Sec. 53-9-7(a) to 
mean ``an appeal to an appropriate court of the state taken from a 
final decision of the permit board or commission made after a formal 
hearing before that body.''
    At Sec. 53-9-7(b), the term ``Approximate original contour'' was 
revised by adding language which allows water impoundments on reclaimed 
areas if the permit board determines that the impoundments are in 
compliance with Sec. 53-9-45(2)(g).
    At Sec. 53-9-7(c), the terminology ``As recorded in the minutes of 
the permit board'' was defined as ``the date of the permit board 
meeting at which the action concerned is taken by the permit board.''
    At Sec. 39-9-7(d), the term ``Coal'' was revised to mean 
``combustible carbonaceous rock, classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials.''
    At Sec. 53-9-7(e), the term ``Commission'' was revised to mean 
``the Mississippi Commission on Environmental Quality.''
    At Sec. 53-9-7(f), the term ``Department'' was revised to mean 
``the Mississippi Department of Environmental Quality.''
    At Sec. 53-9-7(g), the term ``Executive Director'' was defined as 
``the executive director of the department.''
    At Sec. 53-9-7(i), the term ``Federal Act'' was defined as ``the 
Surface Mining Control and Reclamation Act of 1977, as amended, which 
is codified as Section 1201 et seq. of Title 30 of the United States 
Code.''
    At Sec. 53-9-7(j), the term ``Formal hearing'' was defined to mean 
``a hearing on the record, as recorded and transcribed by a court 
reporter, before the commission or permit board where all parties to 
the hearing are allowed to present witnesses, cross-examine witnesses 
and present evidence for inclusion into the record, as appropriate 
under rules promulgated by the commission or permit board.''
    A definition for ``Interested party'' was added at Sec. 53-9-7(l) 
to mean ``any person claiming an interest relating to the surface coal 
mining operation and who is so situated that the person may be affected 
by that operation, or in the matter of regulations promulgated by the 
commission, any person who is so situated that the person may be 
affected by the action.''
    At Sec. 53-9-7(m), the term ``Lignite'' was defined as 
``consolidated lignite coal having less than eight thousand three 
hundred (8,300) British thermal units per pound, moist and mineral 
matter free.''
    At Sec. 53-9-7(p), the term ``Permit area'' was revised by adding 
the requirement that the permit area be

[[Page 40775]]

covered by the operator's performance bond.
    At Sec. 53-9-7(q), the term ``Permit board'' was defined to mean 
the permit board created under Section 49-17-28.''
    At Sec. 53-9-7(r), the term ``Person'' was revised by adding a 
joint venture, cooperative, and any agency, unit or instrumentality of 
federal, state or local government, including any publicly owned 
utility or publicly owned corporation to those who are considered a 
person.
    The terms ``Public hearing,'' ``informal hearing,'' or ``public 
meeting'' were defined at Sec. 53-9-7(t) to mean ``a public forum 
organized by the commission, department or permit board for the purpose 
of providing information to the public regarding a surface coal mining 
and reclamation operation or regulations proposed by the commission and 
at which members of the public are allowed to make comments or ask 
questions or both of the commission, department or the permit board.''
    At Sec. 53-9-7(v), the term ``Revision'' was defined to mean ``any 
change to the permit or reclamation plan that does not significantly 
change the effect of the mining operation on either those persons 
impacted by the permitted operations or on the environment, including, 
but not limited to, incidental boundary changes to the permit area or a 
departure from or change within the permit area, incidental changes in 
the mining method or incidental changes in the reclamation plan.''
    The term ``State geologist'' was defined at Sec. 53-9-7(x) to mean 
``the head of the office of geology and energy resources of the 
department or a successor office.''
    At Sec. 53-9-7(aa), the terminology ``Unwarranted failure to 
comply'' was revised to mean ``the failure of a permittee to prevent or 
abate the occurrence of any violation of a permit, this chapter or any 
regulations promulgated under this chapter due to indifference, lack of 
diligence or lack of reasonable care.''
    2. Section 53-9-9, General Responsibilities of the Department of 
Environmental Quality, the Commission on Environmental Quality, and the 
Permit Board. The Department of Environmental Quality is designated as 
the agency to administer the Mississippi program. The Commission on 
Environmental Quality is designated as the body to enforce the 
Mississippi program, including the issuance of penalty orders, 
promulgation of regulations, and designation of lands unsuitable for 
surface coal mining. The Permit board is designated as the body to 
issue, modify, revoke, transfer, suspend, and reissue permits and to 
require, modify or release performance bonds.
    3. Section 53-9-11, Promulgation of Rules and Regulations by 
Commission on Environmental Quality. Section 53-9-11(1) was revised to 
clarify the Commission on Environmental Quality's (commission) 
authority and responsibilities for rules and regulations. The 
commission may adopt, modify, repeal, and promulgate rules and 
regulations after notice and hearing and in accordance with the 
Mississippi Administrative Procedures Law. The commission may also 
enforce rules and regulations and make exceptions to and grant 
exemptions and variances from them where not otherwise prohibited by 
Federal or State law. No exceptions, exemptions or variances shall be 
less stringent than rules and regulations promulgated under SMCRA.
    Section 53-9-11(1)(a)(iv) was revised to reflect changes in and add 
to the list of State agencies that are to receive notice of the public 
hearing that is required before the adoption of any rules and 
regulations.
    Section 53-9-11(1)(b) was revised by requiring the publication of 
the notice of the public hearing in one newspaper instead of three.
    Section 53-9-11(2) was revised by adding a provision specifying 
that failure of any person to submit comments within the time period 
established by the commission would not preclude action by the 
commission.
    4. Section 53-9-23, Permit Reissuance. Section 53-9-23(3) was 
revised by adding a provision that allows an operator, if the 
application was timely filed, to continue surface coal mining 
operations until the permit board takes action on his reissuance 
application.
    5. Section 53-9-25, Application fee--contents of application--
Insurance Coverage--Blasting Plan. Section 53-9-25(1)(a) was revised to 
require information regarding ownership and performance history of the 
applicant. Also required is a statement as to whether the applicant, 
subsidiary, affiliate or persons controlled by or under common control 
with the applicant had held a mining permit which in the five-year 
period before filing of the application had been suspended or revoked 
or the performance bond forfeited.
    Section 53-9-25(2)(b) was revised to require that the insurance 
policy include compensation to persons damaged as a result of surface 
coal mining and reclamation operations, including use of explosives, 
and entitled to compensation under applicable State law.
    Section 53-9-25(3) was added to require the applicant to file a 
list of administrative orders or notices of violation issued under the 
State act, the law of any state or the United States, any rule or 
regulation of any department or agency of any state or the United 
States, related to air or water environmental protection, incurred by 
the applicant in connection with any surface coal mining operation 
during the three-year period preceding the filing date of the 
application. The list also must indicate the final resolution of any 
orders or notices. This new provision also specifies the conditions and 
circumstances for which the Permit board will issue or not issue a 
permit after its review of the applicant and operator's violation 
history.
    6. Section 53-9-27, Filing of Application. Mississippi revised 
Sec. 53-9-27 by requiring an applicant to file a copy of the 
application for public inspection within 10 days after filing with the 
permit board and by clarifying the type of information that the 
applicant may omit from the application filed for public inspection if 
the commission determines the information to be confidential under 
Sec. 53-9-43.
    7. Section 53-9-29, Reclamation Plan. Section 53-9-29(1) was 
revised by adding the requirement that a reclamation plan include an 
identification of lands subject to surface coal mining operations over 
the estimated life of those operations.
    At Sec. 53-9-29(5), the applicant must also include in the 
reclamation plan the steps to be taken to comply with the performance 
standards applicable to reclamation.
    8. Section 53-9-31, Filing, Deposit, and Adjustment of Bond--
Requirement of Surety--Liability Under Bond. Section 53-9-31(1) was 
revised by adding the requirements that the performance bond be filed 
before the issuance of a permit and that the amount of the bond be 
determined by the permit board after consultation with the state 
geologist.
    Section 53-9-31(2) was revised by adding ``letters of credit'' to 
the types of bond allowed in lieu of a surety bond. The banks which 
issue the alternative types of bond must be insured by the Federal 
Deposit Insurance Corporation or the Federal Savings and Loan Insurance 
Corporation or a similar federal banking or savings and loan insurance 
organization.
    9. Section 53-9-33, Requisites for Approval of Application for 
Permit--Schedule of Notices of Violation--Permit to Mine on Prime 
Farmland.

[[Page 40776]]

Section 53-9-33 is amended to authorize the permit board to issue, 
deny, or modify a permit based upon a complete application and to 
specify general requirements for issuance or modification of a permit, 
including public notification and opportunity for public hearing. The 
applicant for a permit or modification of a permit shall have the 
burden of establishing that the application is in compliance with the 
requirements of the Mississippi program.
    New subsection 53-9-33(4) specifies that no transfer, assignment or 
sale of the rights granted under any permit shall be made without 
approval of the permit board.
    New subsection 53-9-33(5) requires the permit board to review 
outstanding permits and allows the permit board to require reasonable 
modification of the permit provisions during the term of the permit.
    10. Section 53-9-35, Permit Revisions. This section was revised by 
specifying that a decision by the executive director to grant or deny a 
revision of a permit shall be subject to formal hearing and appeal. 
Existing subsections (2) and (3) were removed and the substantive 
provisions added to Sec. 53-9-33.
    11. Section 53-9-37, Advertisement of Land Ownership--Public 
Comment on Intention to Mine or Objections to Application for Permit--
Informal Conferences--Authority of Administrator to Conduct Hearings. 
Several modifications were made to this section regarding the 
notification and publication requirements for a permit application and 
requirements for public hearings, including the following:
    At the time of submission, the applicant shall place the notice of 
land ownership and location in a local and regional newspaper of 
general circulation in the county in which the proposed mine is to be 
located. If no local newspaper of general circulation in the county is 
published, notice shall be published in a regional newspaper and in a 
newspaper of general statewide circulation published in Jackson, 
Mississippi.
    The failure of any person to submit comments within the time 
established by the commission shall not preclude action by the 
commission.
    Any interested party may request a public hearing within 45 days 
after the last publication of the newspaper notice. The permit board 
shall hold a public hearing in the county of the proposed surface coal 
mining and reclamation operations within 90 days after receipt of the 
first request for a public hearing. The public hearing shall be 
advertised once a week for four consecutive weeks with the last notice 
being published at least 30 days before the scheduled public hearing 
date. Any person requesting transcription of the hearing record shall 
bear the costs of the transcription. Upon request by an interested 
party who requested a public hearing, the permit board shall arrange 
reasonable access to the area of the proposed operation for the purpose 
of gathering information relevant to the proceeding. Access may not be 
provided before the public hearing if requested in less than one week 
of the hearing.
    The permit board shall act upon a complete permit application 
within 60 days after the date of the public hearing. If no public 
hearing is requested or required, the permit board shall act within 60 
days after the last publication of the applicant's newspaper notice. 
The time frames may be extended if agreed in writing by the department 
and the applicant.
    12. Section 53-9-39, Disposition of Application for Permit--Manner 
of Notifying Interested Parties--Hearing Before Permit Board and 
Notification of Decision--Temporary Relief--Right to Judicial Appeal. 
Several modifications were made to this section regarding notification 
of the action taken by the permit board on a permit application, 
administrative review of the action, and appeal of the final action, 
including the following:
    Within 14 days after issuing or denying a permit or granting or 
denying a modification to an existing permit, the permit board shall 
notify by mail the applicant, the mayor of each municipality and the 
president of the board of supervisors of each county in which the 
permit area is located, persons who submitted written comments, and 
persons who requested the public hearing. The notification shall 
include a description of the permit area and a summary of the mining 
and reclamation plan. If the permit board denies the permit, it shall 
provide the applicant in writing specific reasons for the denial.
    Within 45 days after the action of the permit board, the applicant 
or any other interested party may request a formal hearing. If the 
permit board fails to take action within the time allowed under 
Sec. 53-9-37, any interested party may request a formal hearing on that 
failure to act. Any formal hearing shall be conducted within 60 days 
after receipt of the first request for a formal hearing. At the 
conclusion of the formal hearing or within 30 days after the formal 
hearing, the permit board shall enter in its minutes a final decision 
affirming, modifying and reversing its prior decision to issue or deny 
the permit. The permit board shall mail within seven days after its 
final decision a notice of that decision to the applicant and all 
persons who participated as a party in the formal hearing. The 
deadlines may be extended by written agreement of the parties.
    13. Section 53-9-41, Coal Exploration Permit. This section was 
modified by deleting language regarding confidential information. The 
language on confidential information was added to Sec. 53-9-43.
    14. Section 53-9-43, Confidentiality of Information. This section 
was modified by removing the existing language regarding issued permits 
meeting all applicable performance standards and by adding language on 
the confidentiality of information. The deleted language was added to 
Sec. 53-9-45. Section 53-9-43 now authorizes the commission to 
determine confidentiality claims and to provide penalties for 
unauthorized disclosure of confidential information. The applicant must 
submit a written confidentiality claim to the commission before the 
submission of the information. The commission shall promulgate rules 
and regulations consistent with the Mississippi Public Records Act 
regarding access to confidential information. A person convicted of 
making unauthorized disclosures shall be fined $1,000 and dismissed 
from public office or employment.
    15. Section 53-9-45, Promulgation of Regulations and Performance 
Standards Relating to Surface Mining--Variances. This section was 
modified to require surface coal mining and reclamation permits to meet 
general environmental protection performance standards by adding the 
language from existing Sec. 53-9-43.
    It was also amended to make various clarifying language revisions 
to the existing provisions concerning the general environmental 
protection performance standards that the commission shall promulgate 
by regulations, including the following:
    At Sec. 53-9-45(2)(c), the regulations shall assure restoration of 
the approximate original contour of the land with all highwalls, spoil 
piles and depressions eliminated, unless an exception is provided under 
Sec. 53-9-45.
    At Sec. 53-9-45(2)(g), the operator may elect to impound water to 
provide lakes or ponds for wildlife, recreational or water supply 
purposes if it is a part of the approved mining and reclamation plan 
and if those impoundments are constructed in accordance with applicable 
Federal and state laws and regulations.

[[Page 40777]]

    At Sec. 53-9-45(2)(h), the regulations shall govern the proper 
conduct of augering operations or prohibit those operations under 
certain circumstances.
    At Sec. 53-9-45(4)(b)(ii), additional criteria was added for a 
variance from the requirement to restore to approximate original 
contour and to reclaim the land to an industrial, commercial, 
residential or public use. Notification must be made to appropriate 
Federal, state, and local governmental agencies providing an 
opportunity to comment on the proposed use; the proposed postmining 
land use must be compatible with adjacent land uses and state and local 
and land use planning; and the proposed postmining land use must be 
economically practical.
    16. Section 53-9-47, Promulgation of Regulations Relating to 
Surface Effects of Underground Coal Mining. This section was amended to 
make various clarifying language revisions to the existing provisions 
concerning the surface effects of underground coal mining operations 
that the commission may promulgate by regulations, including the 
following:
    At Sec. 53-9-47(1), the commission is now given the option of 
promulgating regulations regarding the surface effects of underground 
coal mining operations.
    Section 53-9-47(2)(d) was revised by clarifying the contents of the 
waste piles that must be stabilized. The operator must stabilize all 
waste piles containing mine wastes, tailings, coal processing wastes, 
and other wastes in areas other than the mine workings or excavations.
    17. Section 53-9-53, Mine Entrance Sign. This section was revised 
by adding additional information that the mine entrance sign must 
contain. The signs must also state that questions and complaints 
regarding the operation may be directed to the department and it must 
show the department's telephone number.
    18. Section 53-9-55, Civil Penalties. This section was amended to 
add new provisions and make various clarifying language revisions to 
the existing provisions concerning administrative enforcement and 
assessment of civil penalties, including the following:
    Section 53-9-55(1)(a) authorizes the commission to issue a written 
compliant for violations of the Mississippi program. It specifies the 
content of the written complaint and requires the alleged violator to 
appear before the commission not less than 20 days from the date of the 
mailing or service of the complaint. Section 53-9-55(1)(b) requires the 
commission to offer an opportunity for a formal hearing, and allows the 
commission to assess penalties. Section 53-9-55(1)(c) specifies the 
requirements for proof of service for notices or other instruments 
issued by or under authority of the commission.
    Section 53-9-55(2) authorizes the commission, after notice and 
opportunity for a formal hearing, to assess a civil penalty not to 
exceed $25,000 per violation. If a cessation order is issued under 
Section 53-9-69, the commission shall assess a civil penalty.
    Section 53-9-55(3) is revised to allow the commission to promulgate 
regulations regarding a waiver from the requirement to post a penalty 
payment bond upon a showing by the operator of an inability to post the 
bond.
    Section 53-9-55(5) is revised to also allow civil penalties to be 
recovered in a civil action in the chancery or circuit court of any 
county in which the surface coal mining and reclamation operation 
exists or in which the defendant may be found.
    New Sec. 53-9-55(6) specifies that ``provisions of this section and 
chapter regarding liability for the costs of clean-up, removal, 
remediation or abatement of any pollution, hazardous waste or solid 
waste shall be limited as provided in Sec. 49-17-42 and rules 
promulgated under that section.''
    19. Section 53-9-57, Criminal Penalties. This section was revised 
to provide criminal penalties for making false statements, 
representations, and certifications.
    20. Section 53-9-65, Bond Release and Bond Forfeiture. Section 53-
9-65 was revised to authorize the permit board to release performance 
bonds, to clarify the existing public hearing provisions, to provide 
for administrative review and appeal of decisions of the permit board, 
and to establish a procedure for bond forfeiture.
    21. Section 53-9-67, Civil Action. Existing Sec. 53-9-67(b), 
regarding a civil action by a person who is injured in his person or 
property through a violation by an operator, was removed. New Sec. 53-
9-67(6) specifies that ``provisions of this section and chapter 
regarding liability for the costs of clean-up, removal, remediation or 
abatement of any pollution, hazardous waste or solid waste shall be 
limited as provided in Sec. 49-17-42 and rules promulgated under that 
section.''
    22. Section 53-9-69, Inspection--Cessation Order--Suspension or 
Revocation of Permit--Hearing. This section was amended to revise 
existing procedures for inspections; issuance of enforcement orders of 
the Commission on Environmental Quality, Executive Director or the 
Executive Director's authorized representative; suspension and 
revocation of permits by the permit board; formal hearings regarding 
enforcement and suspension and revocation of permits; and civil actions 
to enforce orders.
    23. Section 53-9-71, Designation of Lands as Unsuitable for Surface 
Coal Mining Operations. Section 53-9-71 was amended to modify the 
procedures for petitioning to designate lands unsuitable for surface 
coal mining and reclamation and to revise the provisions for public 
hearings and formal hearings.
    24. Section 53-9-77, Formal Hearings. This section was amended to 
provide for administrative review and appeal of decisions of the permit 
board and commission and to provide for the powers of the permit board 
and the commission in conducting hearings.
    25. Section 53-9-81, Exceptions. The existing provision at Sec. 53-
9-81(c), concerning the extraction of coal incidental to the extraction 
of other materials, was removed.
    26. Section 53-9-89, Deposit of Funds. Section 53-9-89 was amended 
to create the ``Surface Coal Mining and Reclamation Fund''; to create 
the ``Surface Coal Mining Program Operations Account'' and the 
``Surface Coal Mining Reclamation Account within the fund; to provide 
for use of the accounts; and to require certain funds to be deposited 
into the fund. Monies in the ``Surface Coal Mining Program Operations 
Account'' are to be used to pay the reasonable direct and indirect 
costs of administering and enforcing the Mississippi program. Monies in 
the ``Surface Coal Mining Reclamation Account'' are to be used to pay 
for the reclamation of lands for which bonds or other collateral were 
forfeited. The ``Surface Coal Mining Program Operations Account'' may 
receive monies from any available public or private source. The 
``Surface Coal Mining Reclamation Account'' may receive monies from 
fines, penalties, the proceeds from the forfeiture of bonds or other 
collateral and interest.

D. Statues Added to the Mississippi Code of 1972

    1. Section 53-9-26, Small Operator Assistance Program. This new 
section authorizes the Mississippi Department of Environmental Quality 
to provide assistance to small operators of surface coal mines.
    2. Section 53-9-28, Permit Fees. This new section requires permit 
fees for surface coal mining and reclamation permits and authorizes the 
Mississippi Commission on Environmental Quality to set those fees.

[[Page 40778]]

    3. Section 53-9-32, Application Summary. This new section requires 
the State Geologist (head of the Office of Geology and Energy 
Resources) to prepare a plain language summary of the proposed surface 
coal mining and reclamation operation based on a complete application. 
The summary shall be made available to the public.

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 Mississippi program.

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 Birmingham Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t. on August 14, 1997. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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. If no one requests an opportunity to speak 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak 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

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).

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, to the extent allowed by law, 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 regulartory 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 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.

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)).

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 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 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. 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.

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 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 21, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-19962 Filed 7-29-97; 8:45 am]
BILLING CODE 4310-05-M