[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11640-11642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5151]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
Missouri Regulatory Program
agency: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
action: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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summary: OSM is announcing the receipt of a proposed amendment to the
Missouri regulatory program (hereinafter, the ``Missouri program'')
under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq., SMCRA). The proposed amendment consists of changes to
provisions of the Missouri regulations pertaining to definitions,
topsoil redistribution, impoundment design, disposal of coal processing
and noncoal waste, backfilling and grading, coal exploration, fish and
wildlife plan, permit approval findings, notice of violations, and
eligibility for small operators assistance. The amendment is intended
to revise the State program to be consistent with the corresponding
Federal standards, clarify ambiguities, and improve operational
efficiency.
This notice sets forth the times and locations that the Missouri
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and procedures that
will be followed regarding the public hearing, if one is requested.
dates: Written comments must be received by 4:00 p.m., c.s.t. April 3,
1995. If requested, a public hearing on the proposed amendment will be
held on March 27, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.s.t. on March 17, 1995.
addresses: Written comments should be mailed or hand delivered to
Michael C. Wolfrom at the address listed below.
Copies of the Missouri program, the proposed amendment, and all
written comments received in response to this notice will be available
for public review at the addresses listed below during normal business
hours, Monday through Friday, excluding holidays. Each requester may
receive one free copy of the proposed amendment by contacting OSM's
Kansas City Field Office.
Michael C. Wolfrom, Acting, Director, Kansas City Field Office, Office
of Surface Mining Reclamation and Enforcement, 934 Wyandotte, Room 500,
Kansas City, MO 64105, Telephone: (816) 374-6405
Land Reclamation Program, Missouri Department of Natural Resources, 205
Jefferson Street, P.O. Box 176, Jefferson City, MO 65102, Telephone:
(314) 751-4041.
for further information contact: Michael C. Wolfrom, telephone: (816)
374-6405.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
On November 21, 1980, the Secretary of Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.15, and 925.16.
II. Proposed Amendment
By letter dated February 10, 1995 (administrative record No. MO-
612), Missouri submitted a proposed amendment to its program pursuant
to SMCRA. Missouri submitted the proposed amendment with the intent of
satisfying the required program amendments at 30 CFR 925.16 (b)(4),
(p)(9), and (q)(1) through (q)(5), and at its own initiative to improve
its program. The amendment also contains nonsubstantive revisions to
eliminate editorial and typographical errors and to accomplish
necessary recodification required by the addition or deletion of
provisions.
Specifically, Missouri proposes to revise (1) 10 Code of State
Regulations (CSR) 40-3.030(4) to require that contamination of topsoil
be prevented during redistribution; (2) 10 CSR 40-3.040(10)(B)5 to
reference the January 1991, U.S. Natural Resources Conservation Service
(formerly the Soil Conservation Service) technical document, Practice
Standards 378, concerning impoundment design; (3) 10 CSR 40-
3.110(3)(A)1 to clarify that the requirements of this section apply to
coal seams, combustible materials, and acid- and toxic-forming
materials, to require that coal processing waste and noncoal waste be
covered in accordance with the regulations for disposal of coal
processing waste at 10 CSR 40-3.080, and to delete the existing
requirement [[Page 11641]] that exposed coal seams and combustible
materials, including coal processing waste, be covered with a minimum
of 4 feet of nontoxic- and nonacid-producing materials unless otherwise
demonstrated; (4) 10 CSR 40-3.110(6)(B) to provide that the regulations
for repair of rills and gullies at 10 CSR 40-3.110(6)(A) apply, on
areas that have been previously mined, only after final grading of the
area when topsoil or a topsoil substitute is not available; (5) 10 CSR
40-6.010(2)(H) to add a definition of ``Secretary;'' (6) 10 CSR 40-
6.020 (2)(A) and (3)(A) to clarify that these regulations concern
exploration activities outside of a permit area; (7) 10 CSR 40-6.120
(7)(C) and (D) and (12)(C) and (D) to specify the information that must
be included in a fish and wildlife plan and that, when the plan does
not include enhancement measures, it must include an explanation of why
enhancement is not practicable; (8) 10 CSR 40-6.070(8)(M) to require
that the Director of the Missouri program must find, prior to permit
approval for a proposed remaining operation where the applicant intends
to reclaim in accordance with the requirements of 10 CSR 40-4.080, that
the site of the operation is a previously mined area; (9) at 10 CSR 40-
8.010(1)(A)72 the definition of ``previously mined area;'' (10) at 10
CSR 40-8.010(1)(A)84 the definition of ``road;'' (11) 10 CSR 40-
8.030(7)(A) to delete the requirement that modification, termination,
or vacating of notice of violations must be in accordance with the
regulation at 10 CSR 40-8.040; (12) 10 CSR 40-8.040(9) to delete the
definition of ``habitual violator;'' and (13) 10 CSR 40-8.050(2)(B) to
change the eligibility requirement of coal production of 100,000 tons
per year to 300,000 tons per year for a small operator assistance
applicant.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Missouri program.
Written Comments
Wrriten comments should be specific, pertain only to the issue
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Kansas City Field Office
will not necessarily be considered in the final rulemaking or included
in the administrative record.
Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.s.t. [March 17, 1995]. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to testify at the public hearing, the hearing will not
be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to comment having been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting at the OSM office listed under FOR
FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
Compliance With the National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA [30 U.S.C. 1292(d]) provides 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 of 1969, 42 U.S.C.
4332(2)(C).
Compliance With Executive Order No. 12866
On July 12, 1984, the Office of Management and Budget (OMB) granted
OSM an exemption from sections 3, 4, 7, and 8 of Executive Order 12291
for actions related to approval or conditional approval of State
regulatory programs, actions, and program amendments. Therefore,
preparation of a Regulatory Impact Analysis is not necessary and OMB
regulatory review is not required.
Compliance With the Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic effect 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. Hence, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
Compliance With Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsection (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 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 requirements of 30 CFR parts 730, 731, and 732 have been
met. [[Page 11642]]
Compliance With the Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act, 44 U.S.C. 3507 et seq.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 23, 1995.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-5151 Filed 3-1-95; 8:45 am]
BILLING CODE 4310-05-M