[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Proposed Rules]
[Pages 28852-28854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11656]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SATS No. MO-042-FOR; Docket ID: OSM-2014-0002;
S1D1SSS08011000SX066A00067F144S180110;
S2D2SSS08011000SX066A00033F14XS501520]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Missouri
regulatory program (Missouri program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposes
revisions to its coal Ownership and Control Rules. Missouri intends to
revise its program to be no less effective than the Federal regulations
and to improve operational efficiency.
This document gives the times and locations that the Missouri
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.
DATES: We will accept written comments on this amendment until 4:00
p.m., c.d.t., June 19, 2014. If requested, we will hold a public
hearing on the amendment on June 16, 2014. We will accept requests to
speak at a hearing until 4:00 p.m., c.d.t. on June 4, 2014.
ADDRESSES: You may submit comments, identified by SATS No. MO-042-FOR,
by any of the following methods:
Mail/ Hand Delivery: Len Meier, Division Chief, Alton
Field Division, Office of Surface Mining Reclamation and Enforcement,
501 Belle Street, Suite 216, Alton, IL 62002.
Fax: (618) 463-6470
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and
[[Page 28853]]
docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Missouri
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, you
must go to the address listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting OSMRE's Alton Field Division or the
full text of the program amendment is available for you to read at
www.regulations.gov. Len Meier, Division Chief, Alton Field Division,
Office of Surface Mining Reclamation and Enforcement, 501 Belle Street,
Suite 216, Alton, IL 62002, Telephone: (618) 463-6460, Email: lmeier@
osmre.gov.
In addition, you may review a copy of the amendment during regular
business hours at the following location: Department of Natural
Resources, Land Reclamation Program, 1738 East Elm Street, Jefferson
City, Missouri 65101, Telephone: (573) 751-4041.
FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460.
Email: lmeier@ osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Missouri Program
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, ``. . . 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 Missouri program on November 21, 1980. You
can find background information on the Missouri program, including the
Secretary's findings, the disposition of comments, and conditions of
approval, in the November 21, 1980, Federal Register (45 FR 77027). You
can also find later actions concerning the Missouri program and program
amendments at 30 CFR 925.10, 925.12, 925.15, and 925.16.
II. Description of the Proposed Amendment
By letter dated February 18, 2014 (Administrative Record No. MO-
679), Missouri sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Missouri submitted the proposed amendment in
response to a September 30, 2009, letter (Administrative Record No. MO-
670A) that OSMRE sent to Missouri in accordance with 30 CFR 732.17(c)
and to improve operational efficiency. Below is a summary of Missouri's
proposed changes. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES or at
www.regulations.gov.
Missouri proposes to make changes to its Code of State Regulations
at Title 10, Division 40 (10 CSR 40) in the following chapters:
A. For Permitting Requirements for Surface and Underground Coal Mining
and Reclamation Operations and Coal Exploration: Chapter 6.030, 6.070
and 6.100
Missouri proposes to change terms, add clarifying language, make
grammar changes, and correct reference errors. The items below list the
affected rule sections and proposed changes.
1. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information.
Clarifies ``owner'' as persons that own, of record, ten percent of
applicant or operator. Adds requirement to list the operator's partners
or principal shareholders. Adds ``of the outside right-of-way'' to the
one hundred feet (100') of a public road requirement in section (4)(C).
2. 10 CSR 40-6.070--Review, Public Participation and Approval of
Permit Applications and Permit Terms and Conditions. Adds ``operator''
throughout the chapter as an additional requirement with the term
``applicant''. Lists what applications for proposed remining operations
must contain in new sections (8)(M)1, 2, 3, and (N).
Adds verbiage when the regulatory authority will consider a
provisionally issued permit to be improvidently issued, and under what
conditions the permits will be suspended or rescinded at section
(11)(A)4.
Adds ``suspension'' to the section title of (11)(B), Rescission
Procedures and throughout the section. Adds posting requirements for
the notice of proposed suspension and rescission. Changes the time
frame for the suspension notice from ``not to exceed ninety (90) days .
. .'' to ``will provide sixty (60) days notice . . .''
3. 10 CSR 40-6.100--Underground Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information.
Clarifies ``owner'' as persons that own, of record, ten percent of
applicant or operator. Adds requirement to list the operator's partners
or principal shareholders.
B. For Definitions and General Requirements: Chapters 8.030 and 8.040
Missouri proposes to change terms, add clarifying language, make
grammar changes, and correct reference errors. The items below list the
affected rule sections and proposed changes.
1. 10 CSR 40-8.030--Permanent Program Inspection and Enforcement.
Clarifies requirements under (6) Enforcement of Cessation Orders by
adding requirements in section (G) requiring the regulatory authority
to notify any persons listed under 10 CSR 40-6.070(12)(E) or 10 CSR 40-
6.030(1)(C) and (D), and 10 CSR 40-6.100(1)(C) and (D) that the
cessation order was issued, and that the person has been identified as
an owner or controller of the operation. Adds subsection (H), Post-
permit issuance information requirements for permittees.
2. 10 CSR 40-8.040--Penalty Assessment. Increases the civil penalty
under section (5) Assessment of Separate Violations for Each Day,
subsection (B) from not less than $750 to not less than $1025.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments: If you submit written or electronic comments on
the proposed rule during the 30-day comment period, they should be
specific, should be confined to issues pertinent to the notice, and
should explain the reason for your recommendation(s). We may not be
able to consider or include in the Administrative Record comments
delivered to an address other than the one listed above (see
ADDRESSES).
[[Page 28854]]
Electronic Comments: Please submit Internet comments as an ASCII,
WordPerfect, or Word file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: SATS NO. MO-042-
FOR'' and your name and return address in your Internet message. If you
do not receive a confirmation that we have received your Internet
message, contact the Alton Field Division at (618) 463-6460.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
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.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on
June 4, 2014. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
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.
Public Meeting
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 FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 2, 2014.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2014-11656 Filed 5-19-14; 8:45 am]
BILLING CODE 4310-05-P