[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