[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Proposed Rules]
[Page 57504-57505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc07-17]
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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 http://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