PROPOSED REGULATIONS

	Proposed Regulations

Following is a listing of recent proposed rules for implementation of the Surface Mining Law. For a complete listing of all proposed regulations and notices see the Federal Register, or see the Office of Surface Mining list of Federal Register notices containing final rules

Proposed rule on Excess Spoil, Stream Buffer Zones, and Diversions comment period extended and hearings planned In a Federal Register Notice on February 26, 2004, the Office of Surface Mining extended the comment period on the proposed Excess Spoil, Stream Buffer Zones, and Diversions rule published on January 7, 2004. The comment period on the proposed rule scheduled to close on March 8, 2004, is being extended by 30 days and written comments will be accept on the proposed rule until April 7, 2004 in order to afford the public more time to comment and to allow enough time to hold five public hearings.

Proposed regulation on Excess Spoil, Stream Buffer Zones, and Diversions Published The Office of Surface Mining has issued proposed regulations to accomplish two basic goals: Minimizing the adverse environmental effects stemming from the construction of excess spoil fills; and clarifying the circumstances in which mining activities, such as the construction of excess spoil fills, may be allowed within the stream buffer zone, i.e., within 100 feet of a perennial or intermittent stream. These changes will also reduce conflicts and improve consistency between regulation under the Surface Mining Law and the Clean Water Act. Electronic or written comments are requested and must be received by March 8, 2004. An Environmental Analysis on this rulemaking is also available. (Environmental Analysis Appendix).

Proposed Ownership and Control rules published The Office of Surface Mining has proposed rules that would revise and clarify its ownership and control regulations and related rules addressing, among other things, permit application information requirements, permit eligibility, and alternative enforcement. The proposed rule, satisfies an agreement entered into to settle the National Mining Association’s lawsuit that sought to overturn certain aspects of the 2000 final ownership and control rule. The 2000 rule, which took effect for federal programs on January 18, 2001, primarily addresses ownership or control of surface coal mining operations under section 510(c) of the Surface Mining Law. Under section 510(c), a permit applicant is not eligible to receive a permit if it owns or controls any surface coal mining operation that is in violation of the Surface Mining Law or other applicable laws. The proposed rules would, revise the definitions of ownership and control, make permit application information requirements more objective and concrete, streamline coal industry information reporting burdens, and provide for specific evidentiary standards and additional due process with respect to the Office of Surface Mining’s regulatory processes. The public has 60 days to comment on the proposed rule change. Interested persons may submit comments on this proposed rule by one of three methods. Comments may be mailed or hand carried to the Office of Surface Mining, Administrative Record, Room 101, 1951 Constitution Avenue, NW, Washington, DC 20240, or comments may be sent via electronic mail to OSMRULES@OSMRE.GOV. Comments must be received by February 27, 2004.

Proposed rules for approving state program amendments The Office of Surface Mining has issued proposed regulations to revise regulations governing the processing of state program amendments submitted by states for approval under the Surface Mining Law. When a state with an approved program fails to amend its program as directed, the existing regulations require the Office of Surface Mining to begin proceedings to either enforce that part of the state program that should have been amended, or withdraw approval in whole or in part and implement a federal program. This rule would provide the Office of Surface Mining with the discretion to consider the entire performance of the state in effectively implementing its program before determining that proceedings leading to federal enforcement are warranted. The comment period is open until February 2, 2004.

Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov