[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Rules and Regulations]
[Pages 78657-78664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31674]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SATS No. MO-041-FOR; Docket ID: OSM-2013-0008; S1D1S SS08011000
SX064A000 167S180110; S2D2S SS08011000 SX064A000 16XS501520]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Missouri regulatory program
(Missouri program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). Missouri proposed revisions to its
regulations concerning several topics regarding: Valid Existing Rights;
Protection of Hydrologic Balance; Post-mining Land Use; Permit
Applications; and Air Resource Protection. Missouri intends to revise
its program to be no less effective than the Federal regulations, to
clarify ambiguities, and to improve operational efficiency.
DATES: Effective Date: December 17, 2015.
FOR FURTHER INFORMATION CONTACT: Len Meier, Director Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Suite 216, Alton, IL 62002, Telephone: (618) 463-6460,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. 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 State 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 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 77017). You
can find later actions concerning the Missouri program and program
amendments at 30 CFR 925.10, 925.12, 925.15, and 925.16.
II. Submission of the Amendment
By letter dated August 12, 2013 (Administrative Record No. MO-678),
Missouri sent us an amendment to its Program under SMCRA (30 U.S.C.
1201 et seq.). Missouri sent the amendment in response to a January 31,
2008, letter (Administrative Record No. MO-669) we sent to Missouri in
accordance with 30 CFR 732.17(c) concerning changes to valid existing
rights requirements. Missouri also made changes to eliminate required
program amendments recorded at 30 CFR 925.16(p)(4), (p)(20) and (v);
and program disapprovals at 30 CFR 925.12(d). Missouri revised other
sections of its regulations at its own initiative. Missouri proposed
revisions to title 10 of its Code of State Regulations (CSR) under
Division 40 Land Reclamation Commission. The specific sections of 10
CSR 40 in Missouri's amendment are discussed in Part III OSMRE's
Findings. Missouri intends to revise its program to be no less
effective than the Federal regulations, to clarify ambiguities, and
improve operational efficiency.
[[Page 78658]]
We announced receipt of the proposed amendment in the October 25,
2013, Federal Register (78 FR 63909). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended November 24, 2013. We did not receive any public
comments.
III. OSMRE's Findings
We are approving the amendment as described below. The following
are the findings we made concerning Missouri's amendment under SMCRA
and the Federal regulations at 30 CFR 732.15 and 732.17. Any revisions
that we do not specifically discuss below concerning non-substantive
wording or editorial changes can be found in the full text of the
program amendment available at www.regulations.gov.
1. Missouri proposed to revise the sections listed below to make
numerous non-substantive edits for clarity and update its rules to
current editions of the Missouri Statutes:
Minor Reference Change Table
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10 CSR Title
------------------------------------------------------------------------
40-3.040.......................... Requirements for Protection of the
Hydrologic Balance.
40-3.060.......................... Requirements for the Disposal of
Excess Spoil.
40-3.170.......................... Signs and Markers for Underground
Operations.
40-3.180.......................... Casing and Sealing of Exposed
Underground Openings.
40-3.200.......................... Requirements for the Protection of
the Hydrologic Balance for
Underground Operations.
40-3.210.......................... Requirements for the Use of
Explosives for Underground
Operations.
40-3.220.......................... Disposal of Underground Development
Waste and Excess Spoil.
40-3.230.......................... Requirements for the Disposal of
Coal Processing Waste for
Underground Operations.
40-3.240.......................... Air Resource Protection.
40-3.260.......................... Requirements for Backfilling and
Grading for Underground Operations.
40-3.300.......................... Postmining Land Use Requirements for
Underground Operations.
40-5.010.......................... Prohibitions and Limitations on
Mining in Certain Areas.
40-5.020.......................... State Designation of Areas as
Unsuitable for Mining.
40-6.020.......................... General Requirement for Coal
Exploration, Permits.
40-6.030.......................... Surface Mining Permit Applications--
Minimum Requirements for Legal,
Financial, Compliance, and Related
Information.
40-6.040.......................... Surface Mining Permit Applications--
Minimum Requirements for
Information on Environmental
Resources.
40-6.050.......................... Surface Mining Permit Applications--
Minimum Requirements for
Reclamation and Operations Plan.
40-6.060.......................... Requirements for Permits for Special
Categories of Surface Coal Mining
and Reclamation Operations.
40-6.070.......................... Review, Public Participation and
Approval of Permit Applications and
Permit Terms and Conditions.
40-6.100.......................... Underground Mining Permit
Applications--Minimum Requirements
for Legal, Financial, Compliance,
and Related Information.
40-6.110.......................... Underground Mining Permit
Applications--Minimum Requirements
for Information on Environmental
Resources.
40-6.120.......................... Underground Mining Permit
Applications--Minimum Requirements
for Reclamation and Operations
Plan.
40-7.050.......................... Requirements, Conditions and Terms
of Liability Insurance.
40-8.010.......................... Definitions.
40-8.020.......................... Exemption for Coal Extraction
Incident to Government-Financed
Highway or Other Construction.
40-8.070.......................... Applicability and General
Requirements.
------------------------------------------------------------------------
We find that Missouri's proposed revisions will make its
regulations no less effective than the Federal regulations. Therefore,
we are approving Missouri's revisions.
2. 10 CSR 40-3.040 Requirements for Protection of the Hydrologic
Balance (6)(A)1., (6)(R), and (6)(U) Siltation Structures and 10 CSR
40-3.200 Underground Mining (6)(A)1., (6)(R), and (6)(U) Siltation
Structures
Missouri proposed to replace the word ``pond'' with ``structure''
at 10 CSR 40-3.040 (6)(A)1., (6)(R), and (6)(U) Siltation Structures
and at 10 CSR 40-3.200 (6)(A)1., (6)(R), and (6)(U) Siltation
Structures. The corresponding Federal Regulations at 30 CFR 816.46 and
817.46 uses the same term. We find that Missouri's proposed revision
will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
3. 10 CSR 40-3.040 Requirements for Protection of the Hydrologic
Balance (10)(B)5. and 10 CSR 40-3.200 Requirements for Protection of
the Hydrologic Balance for Underground Operations (6)(T) and (10)(B)5.
Permanent and Temporary Impoundments
Missouri proposed to revise these sections to clarify that
requirements for impoundments that meet the size or other criteria of
the MSHA, 30 CFR 77.216(a) are contained in United States Soil
Conservation Service Technical Release No. 60, Earth Dams and
Reservoirs, July 2005, incorporated by reference. Requirements for
impoundments that do not meet the size or other criteria contained in
30 CFR 77.216(a) are contained in United States Natural Resources
Conservation Service, Conservation Practice Standard, POND, No. CODE
378, January 2004, by reference. The corresponding Federal Regulation
at 30 CFR 780.25(a)(2)(i) provides similar requirements. We find that
Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
4. 10 CSR 40-3.040 Requirements for Protection of the Hydrologic
Balance (10)(O)3.C. and 10 CSR 40-3.200 Requirements for Protection of
the Hydrologic Balance for Underground Operations (10)(O)3.C. Permanent
and Temporary Impoundments and Spillways
Missouri removes these design requirements in response to the
disapproval recorded at 30 CFR 925.12(d) in order to be no less
effective than the counterpart Federal regulations for surface mining
at 30 CFR 780.25(c) and for underground mining at 30 CFR 784.16(c).
Therefore, we are approving Missouri's revision and removing the
disapproval at 30 CFR 925.12(d).
5. 10 CSR 40-3.060 Requirements for the Disposal of Excess Spoil
(1)(K)2. Fill Inspection and 10 CSR 40-3.220
[[Page 78659]]
Disposal of Underground Development Waste and Excess Spoil (1)(L)
Certified Report
Missouri proposed to revise these sections to require a registered
professional engineer or other qualified professional specialist under
the direction of a registered professional engineer to provide the
director with a certified report stating that the fill has been
constructed as specified in the design approved in the permit and plan.
The corresponding Federal Regulation at 30 CFR 816.71(i)(2) contains a
similar requirement. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
6. 10 CSR 40-3.180 Casing and Sealing of Exposed Underground Openings
(3) Permanent Casing and Sealing of Underground Openings
Missouri proposed to revise this section to correct various
regulatory citations and to include a reference to the Wellhead
Protection Section, Division of Geology and Land Survey at 10 CSR 23
Chapter 6 for approval of water well transfers. We find that Missouri's
proposed revision will make its regulations no less effective than the
Federal regulations.
However, OSMRE received a letter from the Mining Safety and Health
Administration (MSHA) on October 25, 2013 (Missouri Administrative
Record No. 678.09), which noted that the MSHA citation referenced (30
CFR 75.1771) was incorrect. The correct MSHA regulation is 30 CFR
75.1711. We are approving the amendment with the condition that
Missouri correct this typographical error through their State
administrative process.
7. 10 CSR 40-3.200 Requirements for Protection of the Hydrologic
Balance for Underground Operations (12)(A)1.(A) Groundwater Monitoring
Missouri proposed to revise this section to correct the references
for remedial measures taken by the operator when analysis of any
groundwater sample indicates noncompliance with the permit conditions
to 10 CSR 40-6.070(14) and 10 CSR 40-6.120(5). The corresponding
Federal Regulation at 30 CFR 816.41 provides similar requirements. We
find that Missouri's proposed revision will make its regulations no
less effective than the Federal regulations. Therefore, we are
approving Missouri's revision.
8. 10 CSR 40-3.200 Requirements for Protection of the Hydrologic
Balance for Underground Operations (17)(B) Stream Buffer Zones
Missouri proposed to revise this section to correct the references
for the marking of stream buffer zones that are not to be disturbed to
meet the regulatory requirements at 10 CSR 40-3.170(6). The
corresponding Federal Regulation at 30 CFR 817.11 provides similar
requirements. We find that Missouri's proposed revision will make its
regulations no less effective than the Federal regulations. Therefore,
we are approving Missouri's revision.
9. 10 CSR 40-3.220 Disposal of Underground Development Waste and Excess
Spoil (1)(K) and (L) General Requirements
Missouri proposed to revise these sections to clarify at (K) that
fill be inspected by or under the direction of a professional engineer
and at (L) only the registered engineer shall provide the certified
report by removing the ``. . . or other qualified professional
specialist . . .'' verbiage from their rule. The corresponding Federal
Regulation at 30 CFR 817.71(h)(2) provides similar requirements. We
find that Missouri's proposed revision will make its regulations no
less effective than the Federal regulations. Therefore, we are
approving Missouri's revision.
10. 10 CSR 40-3.230 Requirements for the Disposal of Coal Processing
Waste for Underground Operations (1)(A) General Requirements
Missouri proposed to revise this section to state that all coal
processing waste disposed of in an area other than the mine workings or
excavations shall be hauled or conveyed and placed for final placement
in new or existing disposal areas approved in the permit and plan for
this purpose. The corresponding Federal Regulation at 30 CFR 817.81(a)
provides similar requirements. We find that Missouri's proposed
revision will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
11. 10 CSR 40-3.230 Requirements for the Disposal of Coal Processing
Waste for Underground Operations (3)(D) Water Control Measures
Missouri proposed to revise this section to correct the references
to regulatory requirements that discharges of all water from a coal
processing waste bank shall comply with 10 CSR 40-3.200(15). The
corresponding Federal Regulation at 30 CFR 817.41(h) provides similar
requirements. We find that Missouri's proposed revision will make its
regulations no less effective than the Federal regulations. Therefore,
we are approving Missouri's revision.
12. 10 CSR 40-3.240 Air Resource Protection (1)
On May 8, 1984, OSMRE notified Missouri in the Federal Register (49
FR 19476 as amended at 64 FR 57981) and recorded at 30 CFR 925.16(p)(4)
that this requirement must be revised to provide performance standards
that address air quality in a manner no less effective than the Federal
regulations at 30 CFR 817.95(a). Missouri proposed to revise this
section to require that all exposed surface areas be protected and
stabilized to effectively control erosion and air pollution attendant
to erosion according to 10 CSR 40-3.200(5)(A). The corresponding
Federal Regulation at 30 CFR 817.95(a) provides similar requirements.
We find that Missouri's proposed revision will make its regulations no
less effective than the Federal regulations. Therefore, we are
approving Missouri's revision and removing the required program
amendment at 30 CFR 925.16(p)(4).
13. 10 CSR 40-3.260 Requirements for Backfilling and Grading for
Underground Operations (4) Regrading or Stabilizing Rills and Gullies
Missouri proposed to revise this section to replace the existing
requirements with more specific guidelines, including time frames, for
regrading or stabilizing rills and gullies. Missouri proposed to add a
section on regrading or stabilizing rills and gullies on areas that
have been previously mined. The corresponding Federal Regulation at 30
CFR 816.95(b) provides similar, but less specific requirements. We find
that Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
14. 10 CSR 40-3.300 Postmining Land Use Requirements for Underground
Operations
Missouri proposed to revise subsection (3) of this section to
correct the references to regulatory requirements at this section to
require that prior to the release of lands from the permit area in
accordance with 10 CSR 40-7.021(2)(C), the permit area shall be
restored, in a timely manner, either to conditions capable of
supporting the uses they were capable of supporting before any mining
or to conditions capable of supporting approved alternative land uses.
Although there is no Federal Equivalent under the requirements for
postmining land use, the corresponding Federal regulation for bond
release at 30 CFR 800.40(c) provides similar requirements
[[Page 78660]]
to the Missouri citation. We find that Missouri's proposed revision
will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
15. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (1)(A) Definition of Valid Existing Rights
Missouri proposed to revise this section to replace the definition
of Valid Existing Rights with language that is consistent with the
corresponding Federal regulation at 30 CFR 761.5. We find that
Missouri's proposed revision will make its regulations substantively
the same as the Federal regulations. Therefore, we are approving
Missouri's revision.
16. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (2) Areas Where Mining is Prohibited or Limited
Missouri proposed to revise this section to require that surface
coal mining operations may not be conducted on the following lands,
unless the permit applicant either has valid existing rights as
determined under section (7) or qualifies for the exception for
existing operations under section (3). Missouri also revises this
section at 10 CSR 40-5.010 (2)(E)2. to state that concerning the
prohibition within 300 feet measured horizontally from an occupied
dwelling, the prohibition does not apply when the part of the operation
to be located closer than 300 feet to the dwelling is an access or haul
road that connects with an existing public road on the side of the
public road opposite the dwelling.
The corresponding Federal regulation at 30 CFR 761.11 provides
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
17. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (3) Exception for Existing Operations
Missouri proposed to revise this section to require that the
prohibitions and limitations of section (2) do not apply to surface
coal mining operations for which a valid permit, issued under 10 CSR
40-6, exists when the land within the permit area comes under the
protection of section 444.890.4, Revised Statute of Missouri (RSMo), or
this rule. The corresponding Federal regulation at 30 CFR 761.12
provides similar requirements. We find that Missouri's proposed
revision will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
18. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (4) Procedures for Compatibility Findings for Surface Coal Mining
Operations on Federal Lands in National Forests
Missouri proposed to revise this section at (4)(A) to correct
references to the Federal regulations at 30 CFR 761.13 concerning
Federal lands in a national forest. Missouri added language at (4)(B)
that the applicant may submit a request to the regional director of
OSMRE for a determination before preparing and submitting an
application for a permit or boundary revision. Additionally, the
applicant must explain how the proposed operation would not damage the
values listed in the definition of ``significant recreational, timber,
economic, or other values incompatible with surface coal mining
operations'' in subsection (1)(B) and must include a map and sufficient
information about the nature of the proposed operation for the
Secretary of the Interior to make adequately documented findings.
Missouri proposed to revise section (4)(C) to require that when a
proposed surface coal mining operation or proposed boundary revision
for an existing surface coal mining operation includes Federal lands
within a national forest, the commission or director may not issue the
permit or approve the boundary revision before the Secretary of the
Interior makes the findings required by subsection (2)(B).
The corresponding Federal regulation at 30 CFR 761.13, provides
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
19. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (5) Procedures for Relocating or Closing a Public Road or Waiving
the Prohibition on Surface Coal Mining Operations Within the Buffer
Zone of a Public Road
Missouri proposed to revise this section at (5)(A) to emphasize
that the requirements of this section do not apply to lands for which a
person has valid existing rights, that are within the scope of existing
operations as defined in Section (3), or roads that join an existing
public road.
Missouri proposed to revise the section at (5)(B)(3) to provide a
public comment period if a mining operation may affect a right-of-way
or public road.
The corresponding Federal regulation at 30 CFR 761.14 provides
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
20. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (6) Procedures for Waiving the Prohibition on Surface Coal Mining
Operations within the Buffer Zone of an Occupied Dwelling
Missouri proposed to revise this section to identify three
situations where this section does not apply, and to require waivers to
clarify who has a legal right to deny mining and knowingly waived that
right. The waiver will act as consent for the mining. Missouri adds
language similar to the requirements in the corresponding Federal
regulation at 30 CFR 761.15. We find that Missouri's proposed revision
will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
21. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (7) Submission and Processing of Requests for Valid Existing
Rights Determinations
Missouri proposed to revise this section to require that an
applicant must request a valid existing rights determination from OSMRE
for Federal lands and for those features on Federal lands protected
under subsections (2)(C) through (G). An applicant must request a valid
existing rights determination for non-Federal lands and for those
features on non-Federal lands protected under subsections (2)(C)
through (G) from the regulatory authority. The regulatory authority
must use the Federal definition of valid existing rights at 30 CFR
761.5 when making a determination for non-Federal lands and the
definition of valid existing rights at subsection (1)(A) when making a
determination for those features protected under subsections (2)(C)
through (G).
At (7)(B), Missouri requires that an applicant must request a valid
existing rights determination from the appropriate agency under
subsection (7)(A) if the applicant intends to conduct surface coal
mining operations on the basis of valid existing rights under section
(2) or wishes to confirm the right to do so. The applicant may submit
this request before preparing and submitting an application for a
permit or boundary revision for the land. If OSMRE is the appropriate
agency, the applicant must request the determination in accordance with
the requirements of the Federal regulations
[[Page 78661]]
at 30 CFR 761.16. If the regulatory authority is the appropriate
agency, the applicant must request the determination in accordance with
the requirements of 10 CSR 40-5.010.
The corresponding Federal regulation at 30 CFR 761.16, provides
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
22. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain
Areas (8) Regulatory Authority Obligations at Time of Permit
Application Review
Missouri proposed to revise this section at (8)(A) to require that
the commission or director review the application to determine whether
the proposed surface coal mining operation would be located on any
lands protected under section 444.890.4, RSMo., or Missouri
regulations.
At (8)(B), Missouri requires that the commission or director reject
any portion of the application that would locate surface coal mining
operations on land protected under section 444.890.4, RSMo., or
Missouri regulation, unless: the site qualifies for the exception for
existing operations under section (3); a person has valid existing
rights; the applicant obtains a waiver or exception from the
prohibitions of section 444.890.4, RSMo., or Missouri regulation; and
for lands protected by subsection (2)(C), both the commission or
director and the agency with jurisdiction over the park or place
jointly approve the proposed operation in accordance with subsection
(8)(D).
At (8)(C), Missouri added language to this section that if the
commission or director has difficulty determining whether an
application includes land within an area specified in subsection
(2)(A), the commission or director shall request that the Federal,
state, or local governmental agency verify the location.
At (8)(D), if the commission or director determines that the
proposed surface coal mining operation will adversely affect any
publicly-owned park or any place included in the National Register of
Historic Places, the director shall request that the Federal, state, or
local agency with jurisdiction over the park or place either approve or
object to the proposed operation. The regulations contain requirements
on how this request will be submitted and processed.
The corresponding Federal regulation at 30 CFR 761.17 provides
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
23. 10 CSR 40-5.020 State Designation of Areas as Unsuitable for Mining
(3) Applicability to Lands Designated as Unsuitable by Congress; and
(4) Exploration on Land Designated as Unsuitable for Surface Coal
Mining Operations
Missouri proposed new language at section (3) Applicability to
Lands Designated as Unsuitable by Congress; pursuant to appropriate
petitions, lands listed under 10 CSR 40-5.010(2) are subject to
designation as unsuitable for all or certain types of surface coal
mining operations under this rule. Missouri's proposed new language is
consistent with the corresponding Federal regulation at 30 CFR 762.14.
Therefore, we find that Missouri's new language is no less effective
than the Federal regulation. Therefore, we are approving Missouri's new
language.
Additionally, Missouri proposed to revise section (4) by adding a
new title: Exploration on Land Designated as Unsuitable for Surface
Coal Mining Operations and added the word ``unsuitable'' in this
section. Missouri's proposed revisions are consistent with
corresponding Federal regulation at 30 CFR 762.15. We find that
Missouri's revisions are no less effective than the corresponding the
Federal regulation. Therefore, we are approving Missouri's revisions.
24. 10 CSR 40-6.020 General Requirements for Coal Exploration Permits
(3)(B)14. Permit requirements for explorations removing more than two
hundred fifty tons of coal or where explorations will substantially
disturb the natural land surface
Missouri proposed to revise this section to require that for any
lands listed in 10 CSR 40-5.010(2), a demonstration that the proposed
exploration activities have been designed to minimize interference with
the values for which those lands were designated as unsuitable for
surface coal mining operations. The corresponding Federal regulation at
30 CFR 772.12(b)(14) provides similar requirements. We find that
Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
25. 10 CSR 40-6.020 General Requirements for Coal Exploration Permits
(3)(D) Decisions on Applications for Exploration Removing More Than Two
Hundred Fifty Tons of Coal
Missouri proposed to add paragraph 2.D. to this section requiring
minimal interference, to the extent possible, with the values for which
those lands were designated as unsuitable for surface coal mining with
exploration activities. This section also requires reasonable
opportunity for comment by the owner or agency with primary
jurisdiction over the feature causing the land to come under the
protection of 10 CSR 40-5.010(2) on whether the finding by the
commission under (3)(D)1 and 2 is appropriate.
The corresponding Federal regulation at 30 CFR 772.12(d)(2)(iv),
provides similar requirements. We find that Missouri's proposed
revision will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
26. 10 CSR 40-6.030 Surface Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information
(4)(C) Relationship to Areas Designated Unsuitable for Mining
Missouri proposed to revise this subsection to require that if an
applicant proposed to conduct surface mining activities within one
hundred feet (100') of the outside right-of-way of a public road or
within three hundred feet (300') of an occupied dwelling, the
application shall meet the requirements of 10 CSR 40-5.010(5) or (6),
respectively. The corresponding Federal regulation at 30 CFR 778.16(c),
provides similar requirements. We find that Missouri's proposed
revision will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
27. 10 CSR 40-6.050 Surface Mining Permit Applications--Minimum
Requirements for Reclamation and Operations Plan (14)(B) Protection of
Public Parks and Historic Places
Missouri proposed to revise this section to correct the references
to regulatory requirements to make it similar to the provisions of the
corresponding Federal regulation at 30 CFR 780.31(a). We find that
Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
28. 10 CSR 40-6.050 Surface Mining Permit Applications--Minimum
Requirements for Reclamation and Operations Plan (15) Relocation or Use
of Public Roads
Missouri proposed to revise this section to correct the references
to regulatory requirements to make it similar to the provisions of the
[[Page 78662]]
corresponding Federal regulation at 30 CFR 780.33. We find that
Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
29. 10 CSR 40-6.060 Requirements for Permits for Special Categories of
Surface Coal Mining and Reclamation Operations
Missouri proposed to revise this section to correct the address of
the Land Reclamation Program at (4)(C)1.A. and references to regulatory
requirements to make it similar to the provisions of the corresponding
Federal regulation at 30 CFR 785.17(e)(2). We find that Missouri's
proposed revision will make its regulations no less effective than the
Federal regulations. Therefore, we are approving Missouri's revision.
30. 10 CSR 40-6.070 Review, Public Participation and Approval of Permit
Applications and Permit Terms and Conditions (2)(A)5. Public Notices of
Filing of Permit Applications
Missouri proposed to revise this subsection to require that if an
applicant seeks a permit to mine within one hundred feet (100') of the
outside right-of-way of a public road or to relocate a public road, a
concise statement describing the mine-related activities must be
submitted. The corresponding Federal regulation at 30 CFR
773.6(a)(1)(v) provides similar requirements. We find that Missouri's
proposed revision will make its regulations no less effective than the
Federal regulations. Therefore, we are approving Missouri's revision.
Additionally, Missouri proposed to revise this section to add
``mine-related activities'' to the concise statement requirement if an
applicant seeks a permit under this section of the rule. The
corresponding Federal regulation at 30 CFR 773.15(c)(2), provides
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
31. 10 CSR 40-6.100 Underground Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information
(1)(C) and (D) Identification of Interests
Missouri proposed to revise this section to clarify that required
information concerning an applicant's ownership or control as defined
in 10 CSR 40-6.010(2)(C) must be contained in each application. The
corresponding Federal regulations at 30 CFR 778.11 and 778.12 provide
similar requirements. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision.
32. 10 CSR 40-6.120 Underground Mining Permit Applications--Minimum
Requirements for Reclamation and Operations Plan (5)(C) Reclamation
Plan--Protection of Hydrologic Balance
Missouri proposed to revise subparagraph (C) to clarify that the
supplemental information required by this section shall include the
plans listed at (C)1. through (C)3. The corresponding Federal
regulation at 30 CFR 784.14(g), provides similar requirements. We find
that Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
33. 10 CSR 40-6.120 Underground Mining Permit Applications--Minimum
Requirements for Reclamation and Operations Plan (7)(A)1.A. Reclamation
Plan-Ponds, Impoundments, Banks, Dams, and Embankments
Missouri proposed to revise this section to clarify that the
general plan shall be prepared by or under the direction of and
certified by only a qualified registered professional engineer by
removing the `` . . . or by a professional geologist. . .'' verbiage
from their rule. The corresponding Federal regulation at 30 CFR
784.16(a) provides similar requirements. We find that Missouri's
proposed revision will make its regulations no less effective than the
Federal regulations. Therefore, we are approving Missouri's revision.
34. 10 CSR 40-6.120 Underground Mining Permit Applications--Minimum
Requirements for Reclamation and Operations Plan (9)(A) Relocation or
Use of Public Roads
Missouri proposed to revise this section to change from
``underground mining activities'' to ``surface coal mining
operations.'' The corresponding Federal regulation at 30 CFR 784.18(a)
provides similar requirements. We find that Missouri's proposed
revision will make its regulations no less effective than the Federal
regulations. Therefore, we are approving Missouri's revision.
35. 10 CSR 40-8.010 Definitions
Missouri proposed to revise the definition of several terms to
provide similar definitions to the corresponding Federal regulation at
30 CFR 701.5, including adding a definition for ``Replacement of water
supply.'' We find that Missouri's proposed revisions will make its
regulations substantively the same as the corresponding Federal
regulations.
However, we noted in the definition at 89 Significant, imminent
environmental harm to land, air or water resources, the reference needs
to be changed from 444.855.2, RSMo to the valid reference 444.885.2,
RSMo. Missouri needs to correct this citation in a future program
amendment. We are approving the amendment with the condition that
Missouri prepare a required program amendment at 30 CFR 925.16 to
correct the regulation citation.
36. 10 CSR 40-8.020 Exemption for Coal Extraction Incident to
Government-Financed Highway or Other Construction (2)(C) Definitions
Missouri proposed to revise this definition to be substantively the
same as the corresponding Federal regulation at 30 CFR 707.5.
Therefore, we are approving Missouri's revision.
37. 10 CSR 40-8.070 Applicability and General Requirements
(2)(C)1.A.(II)
Missouri proposed to correct the reporting dates at (a) and (b) of
this subparagraph. These dates were corrected to clearly require
separate cumulative coal production and revenue data from mining prior
to October 1, 1992, and after October 1, 1992. This action corrects the
disapproval of the Missouri regulations recorded at 30 CFR 925.12(f).
The corresponding Federal regulation at 30 CFR 702.5(a)(2) provides a
similar requirement. We find that Missouri's proposed revision will
make its regulations no less effective than the Federal regulations.
Therefore, we are approving Missouri's revision and removing the
disapproval at 30 CFR 925.12(f) and the required program amendment at
30 CFR 925.16(p)(20).
38. 10 CSR 40-8.070 Applicability and General Requirements (2)(C)8.B
Missouri removes this subparagraph as redundant to the previously
approved subparagraph at (2)(C)8.A. Since this action merely removes
redundant language from a previously approved requirement, we find that
Missouri's proposed revision will make its regulations no less
effective than the Federal regulations. Therefore, we are approving
Missouri's revision.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
[[Page 78663]]
Federal Agency Comments
On August 23, 2013, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Missouri
program (Administrative Record Nos. MO-678.03 through MO-678.08). We
received one comment from MSHA (Administrative Record No. MO-678.09).
MSHA pointed out that at 10 CSR 40-3.180(3), Missouri had incorrectly
cited the MSHA regulation as 30 CFR 75.1771, when the correct MSHA
regulation is 30 CFR 75.1711. Missouri was notified of this
typographical error and will make this correction through its State
administrative process.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued under the authority of
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
U.S.C. 7401 et seq.). None of the revisions that Missouri proposed to
make in this amendment pertain to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
August 23, 2013, under 30 CFR 732.17(h)(11)(i), we requested comments
on the amendment from EPA (Administrative Record No. MO-678.04). The
EPA did not respond to our request.
State Historic Preservation Officer (SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On August 23, 2013, we requested comments on Missouri's
amendment (Administrative Record No. MO-678.06 and MO-678.07), but
neither the SHPO nor ACHP responded to our request.
V. OSMRE's Decision
Based on the above findings, we approve the amendment Missouri sent
us on August 12, 2013.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 925, which codify decisions concerning the Missouri
program to include the original amendment submission date and the date
of final publication for this rulemaking.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
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.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by Section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. Because each program is drafted and promulgated by a specific
State, not by OSMRE, these standards are not applicable to the actual
language of State regulatory programs and program amendments. Under
sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal
regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires State laws
regulating surface coal mining and reclamation operations be'' in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on federally recognized Indian tribes.
We have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination was reached because the Missouri program does not
regulate coal exploration and surface coal mining or reclamation
operations on Indian lands. Therefore, the Missouri program has no
effect on federally recognized Indian tribes.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 200,1 the President issued Executive Order 13211, which
requires agencies to prepare a Statement of Energy Effects for a rule
that is, (1) considered significant under Executive Order 12866 and (2)
likely to have a significant adverse effect on the supply, distribution
or use of energy. A Statement of Energy Effects is not required because
this rule is exempt from review under Executive Order 12866 and is not
expected to have a significant adverse effect on the supply,
distribution or use of energy.
National Environmental Policy Act
This rule does not require an environmental impact statement
because Section 702(d) of SMCRA (30 U.S.C. 1292(d)) states 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 certifies 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. In making the determination as to whether this rule would
have a significant economic impact, the Department relied
[[Page 78664]]
upon the data and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule (a) does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is founded upon the State submittal,
which is the subject of this rule. The State submittal is based upon
counterpart Federal regulations, for which an analysis was prepared,
and a determination made that the Federal regulation was not considered
a major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local,
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations, for which an analysis was prepared, and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 16, 2015.
Len Meier,
Acting Regional Director, Mid-Continent Region.
Editorial Note: This document was received for publication by
the Office of the Federal Register on December 11, 2015.
For the reasons set out in the preamble, 30 CFR part 925 is amended
as set forth below:
PART 925--MISSOURI
0
1. The authority citation for part 925 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 925.15 is amended in the table by adding an entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 925.15 Approval of Missouri regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
August 12, 2013......................... December 17, 2015.......... 10 CSR 40-3.040(6)(A)1., (6)(R), (6)(U),
(10)(B)5., and (10)(O)3.C.; 10 CSR 40-
3.060(1)(K)2.; 10 CSR 40-3.180(3); 10
CSR 40-3.200(6)(A)1., (6)(R), (6)(U),
(6)(T), (10)(B)5., (10)(O)3.C.,
(12)(A)1.(A), and (17)(B); 10 CSR 40-
3.220(1)(K) and (L);10 CSR 40-
3.230(1)(A) and (3)(D); 10 CSR 40-
3.240(1); 10 CSR 40-3.260(4); 10 CSR 40-
3.300; 10 CSR 40-5.010(1)(A), (2), (3),
(4), (5), (6), (7), and (8); 10 CSR 40-
5.020(3) and (4); 10 CSR 40-
6.020(3)(B)14., and (3)(D); 10 CSR 40-
6.030(4)(C); 10 CSR 40-6.050(14)(B) and
(15); 10 CSR 40-6.060; 10 CSR 40-
6.070(2)(A)5.; 10 CSR 40-6.100(1)(C) and
(D); 10 CSR 40-6.120(5)(C), (7)(A)1.A.,
and (9)(A); 10 CSR 40-8.010; 10 CSR 40
8.020(2)(C); 10 CSR 40-
8.070(2)(C)1.A.(II) and (2)(C)8.B.
----------------------------------------------------------------------------------------------------------------
Sec. 925.16 [Amended]
0
3. Section 925.16 is amended by removing and reserving paragraphs
(p)(4) and (20) and removing paragraph (v).
[FR Doc. 2015-31674 Filed 12-16-15; 8:45 am]
BILLING CODE 4310-05-P