Daily Rules, Proposed Rules, and Notices of the Federal Government
This document gives the times and locations of the Mississippi program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Sherry Wilson, Director, Birmingham Field Office, Office of Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209, Telephone: (205) 290-7282, Email:
In addition, you may review a copy of the amendment during regular business hours at the following location: Mississippi Office of Geology, Department of Environmental Quality, 700 N. State Street, Jackson, Mississippi 39202, Telephone: (601) 961-5519.
Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, “a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.” See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Mississippi program effective September 4, 1980. You can find background information on the Mississippi program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Mississippi program in the September 4, 1980,
By email dated July 26, 2012 (Administrative Record No. MS-0423), Mississippi sent us an amendment to its Program under SMCRA (30 U.S.C. 1201
Mississippi proposes to revise its Surface Coal Mining Regulations in the following sections:
Mississippi proposes to modify this section by changing language, adding new language, or deleting language for
Mississippi proposes to add additional language requiring the identification of interests for the applicant and operator, and the entry of the applicants information into the Applicant/Violator System (AVS).
Mississippi proposes to add a new section regarding lands eligible for remining.
Mississippi proposes to add a new section regarding permit eligibility determination.
Mississippi proposes to renumber section § 3113 as § 3112.
Mississippi proposes to add this new section regarding an applicant's eligibility for a provisionally issued permit.
Mississippi proposes to add new language regarding permit approval for remining operations.
Mississippi proposes to delete old language regarding general procedures for improvidently issued permits and insert new language regarding initial review and finding requirements for improvidently issued permits.
Mississippi has proposed to add a new section regarding the notice requirements for improvidently issued permits.
Mississippi proposes to change the language of this section regarding suspension and rescission requirements for improvidently issued permits.
Mississippi proposes to add this new section regarding unanticipated events or conditions at remining sites.
Mississippi proposes to change language in this section regarding the determination of additional owners or controllers and their identification information for entry into AVS if the applicant or operators do not have previous mining experience.
Mississippi proposes to delete language in this section regarding the review of ownership or control and violation information, and add language regarding who may challenge an ownership or control listing or finding.
Mississippi proposes to delete language in this section regarding procedures for challenging ownership or control links in AVS and add language regarding how to challenge ownership or control listings or findings.
Mississippi proposes to delete language from this section regarding written agency decisions on challenges to ownership or control listings or findings and add new language regarding the burden of proof for ownership or control challenges.
Mississippi proposes to delete language from this section regarding standards for challenging ownership or control links and the status of violations, and add new language regarding written agency decisions on challenges to ownership or control listings or findings.
Mississippi proposes to add this new section regarding post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information.
Mississippi proposes to add this new section regarding post-permit issuance requirements for permittees.
Mississippi proposes to add this new section regarding backfilling and grading requirements on previously mined areas.
Mississippi proposes to add this new chapter regarding alternative enforcement by adding new sections § 7301 Scope, § 7303 General Provisions, § 7305 Criminal Penalties, and § 7307 Civil Actions for Relief.
Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether Mississippi's proposed amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of Mississippi's State Program.
If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications.
We cannot ensure that comments received after the close of the comment period (see
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
If you wish to speak at the public hearing, contact the person listed under
To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard.
If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under
This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866.
When a State submits a program amendment to OSM for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the
Intergovernmental relations, Surface mining, Underground mining.