[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38374-38376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18613]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SPATS No. MO-029-FOR]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Missouri
regulatory program (hereinafter referred to as the ``Missouri
program'') under the Surface Mining Reclamation Act of 1977 (SMCRA).
Missouri proposed revisions to its statutes pertaining to requirements
and procedures for adoption of new or amended rules. The amendment is
intended to revise the Missouri program to be consistent with SMCRA,
clarify ambiguities, and improve operational efficiency.
EFFECTIVE DATE: July 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Michael Wolfrom, Regulatory Program Specialist, Mid-Continent Regional
Coordinating Center, Alton Federal Building, 501 Belle Street, Alton,
Illinois 62002. Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Missouri Program
On November 21, 1980, the Secretary of the 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. Submission of the Proposed Amendment
By letter dated March 20, 1996 (Administrative Record No. MO-637),
Missouri submitted a proposed amendment to its program pursuant to
SMCRA. Missouri submitted the proposed amendment at its own initiative.
The proposed amendment concerns changes to the Missouri Surface Coal
Mining Law authorized by Senate Bill No. 3. Missouri proposed to amend
the Revised Statutes of Missouri (RSMo) at sections 444.800.5,
Procedures for suspension and reinstatement of rules; 444.810.2 through
444.810.8, Powers of the commission; and 444.950.2 through 444.950.8,
Requirements and procedures for adoption of new or amended rules.
OSM announced receipt of the proposed amendment in the April 2,
1996, Federal Register (61 FR 14517), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on May 2, 1996.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
1. RSMo 444.800.5 Procedures for Suspension and Reinstatement of Rules
Missouri proposed to remove the provision at section 444.800.5
concerning the authority of the joint committee on administrative rules
to suspend and reinstate a rule based upon specified circumstances.
This provision is duplicative of provisions contained in RSMo 536.024.
Chapter 536, RSMo, Administrative Procedure and Review, contains the
procedures State agencies must follow when adopting, amending, or
rescinding administrative rules or regulations in Missouri.
Since there is no direct Federal counterpart to the deleted
provision, the Director finds that the removal of section 444.800.5
will not render the Missouri program less stringent than SMCRA or less
effective than the Federal regulations.
2. RSMo 444.810.2 Through 444.810.8 Powers of the Commission
Missouri proposed to remove the existing provisions at sections
444.810.2 through 444.810.8 concerning requirements and procedures for
adoption of new or amended rules and to add the following new provision
at section 444.810.2.
No rule or portion of a rule promulgated under the authority of
sections 444.800 to 444.970 shall become effective unless it has
been promulgated pursuant to the provisions of section 536.024,
RSMo.
The existing provisions proposed for removal are duplicative of
provisions contained in RSMo 536.024. Missouri's proposed new provision
appropriately references section 536.024 since all Missouri agencies
that are authorized by constitution or statute to make rules must
comply with the provisions of Chapter 536, RSMo when adopting,
amending, or rescinding administrative rules or regulations.
While there is no direct Federal counterpart to the removed
provisions or to the new provision, SMCRA and the Federal regulation at
30 CFR 732.15(b)(10) require State programs to provide for public
participation in the development and revision of State regulations.
Chapter 536, RSMo provides for the publication in the Missouri Register
of proposed rulemaking and subsequent final orders of rulemaking and
provides for public participation in the rulemaking process.
Therefore, the Director finds that the deletion of the existing
provisions at sections 444.810.2 through 444.810.8 and the addition of
the new provision at section 444.810.2 do not render the Missouri
program less stringent than SMCRA or less effective than the Federal
regulations.
3. RSMo 444.950.2 Requirements and Procedures for Adoption of New or
Amended Rules
Missouri proposed to remove the existing provisions at sections
444.950.2 through 444.950.8 concerning requirements and procedures for
[[Page 38375]]
adoption of new or amended rules; to redesignate sections 444.950.9
through 444.950.11 as 444.950.3 through 444.950.5; and to add the
following new provision at section 444.950.2.
No rule or portion of a rule promulgated under the authority of
sections 444.800 to 444.970 shall become effective unless it has
been promulgated pursuant to the provisions of section 536.024,
RSMo.
The existing provisions proposed for removal are duplicative of
provisions contained in RSMo 536.024. Missouri's proposal new provision
appropriately references section 536.024 since all Missouri agencies
that are authorized by constitution or statute to make rules must
comply with the provisions of Chapter 536, RSMo when adopting,
amending, or rescinding administrative rules or regulations.
While there is no direct Federal counterpart to the removed
provisions or to the new provision, SMCRA and the Federal regulations
at 30 CFR 732.15(b)(10) require State programs to provide for public
participation in the development and revision of State regulations.
Chapter 536, RSMo provides for the publication in the Missouri Register
of proposed rulemaking and subsequent final orders of rulemaking and
provides for public participation in the rulemaking process. Therefore,
the Director finds that the deletion of the existing provisions at
sections 444.950.2 through 444.950.8, the redesignation of sections,
and the addition of the new provision at section 444.950.2 do not
render the Missouri program less stringent than SMCRA or less effective
than the Federal regulations.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received; and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Missouri program. No comments
were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. MO-638). EPA did
not respond to OSM's request.
State Historical Preservative Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. Since the proposed amendment would
not have any effect on historic properties, OSM did not solicit comment
from the SHPO or ACHP.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Missouri on March 20, 1996.
The Federal regulations at 30 CFR Part 925, codifying decisions
concerning the Missouri program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (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 other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
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 (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 has determined 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
corresponding 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. Accordingly, 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 corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
[[Page 38376]]
Dated: July 3, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 925 is amended
as set forth below:
PART 925--MISSOURI
1. The authority citation for Part 925 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 925.15 is amended by adding paragraph (v) to read as
follows:
Sec. 925.15 Approval of regulatory program amendments.
* * * * *
(v) Revisions to the Revised Statutes of Missouri (RSMo) at
sections 444.800, 444.810, and 444.950 as submitted to OSM on March 20,
1996, are approved effective July 24, 1996.
[FR Doc. 96-18613 Filed 7-23-96; 8:45 am]
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