[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15728-15729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7437]



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DEPARTMENT OF THE INTERIOR
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 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 revisions to 
rules and statutes along with supporting documentation and information 
pertaining to its alternative bonding system. The amendment is intended 
to revise the Missouri program to be consistent with the corresponding 
Federal regulations and SMCRA.

DATES: Written comments must be received by 4 p.m., c.s.t. April 26, 
1995. If requested, a public hearing on the proposed amendment will be 
held on April 21, 1995. Requests to present oral testimony at the 
hearing must be received by 4 p.m., c.s.t. on April 11, 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 document 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
Missouri Department of Natural Resources, Land Reclamation Program, 
P.O. Box No. 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 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. Proposed Amendment

    By letter dated March 7, 1995, Missouri submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
MO-617). Missouri submitted the proposed amendment in response to a 
January 30, 1986 letter (administrative record No. MO-351) that OSM 
sent to Missouri in accordance with 30 CFR 732.17(c), and in response 
to the required program amendments at 30 CFR 925.16(g). The provisions 
of the Revised Statutes of Missouri (RSMo) and the Code of State 
Regulations (CSR) that Missouri proposed to revise were: Section 
444.830.1. and 3. (RSMo), Bond requirements, when a bond must be filed, 
the amount of a bond, and allowance for bond substitution; Section 
444.950. (RSMo), Phase I reclamation bond requirements; Section 
444.960.1. and 5. (RSMo), establishment, purpose, and duties of the 
coal mine reclamation fund; Section 444.965.1., 3., 4., 5. and 6. 
(RSMo), Assessment for fund; 10 CSR 40-7.011, Bond Requirements; 10 CSR 
40-7.021, Duration and Release of Reclamation Liability; 10 CSR 40-
7.041, Form and Administration of the Coal Mine Land Reclamation Fund. 
In addition Missouri has submitted: (1) A narrative explaining the 
current and projected balances of the bond pools; (2) a discussion of 
how each outstanding required program amendment of the final rule 
Federal Register of May 8, 1991 (56 FR 21281) (administrative record 
No. MO-536) will be resolved; (3) an explanation of how the 
deficiencies identified in OSM's issue letter dated March 9, 1994 
(administrative record No. MO-592) will be resolved; (4) a table of 
reclamation cost estimates for all permits except those that represent 
a minimal liability to the bond pools; (5) a statement from the 
Missouri Attorney General that explains the legal basis for using 
Abandoned Mine Land Funds for the reclamation of Bill's Coal 
Forfeitured Project; and (6) copies of the revised bond forms utilized 
by Missouri.
    Specifically, Missouri proposes to revise its statute and 
regulations: (1) To remove the option to file a full cost Phase I bond; 
(2) to provide that the per acre bond amounts are minimums that may be 
adjusted annually by the commission based upon calculations conducted 
by the State director; (3) to provide that annual adjustments to the 
bond amount will not be more than $250 per acre per year with a maximum 
of $5,000 per acre for all areas except coal preparation areas, and 
$500 per year with a maximum of $15,000 per acre for coal preparation 
areas; (4) to require that the minimum bond will not be less than 
$10,000 per permit; (5) to require that all promulgated rules must be 
approved by the joint committee on administrative rules; (6) to allow 
the commission to retain up to 20 percent of the amount of the bond at 
Phase I liability release and retain that amount until the release of 
Phase III liability; (7) to require the total amount of the Phase I 
bond to be available for the completion of all phase of reclamation in 
the event of bond forfeiture; and (8) to require monies to continue to 
be accumulated in the CMLR Fund until they are sufficient to complete 
reclamation of permits revoked prior to September 1, 1988.
    In addition, Missouri is revising its regulations to: (1) Provide 
new definitions of Phase I Bond, Phase II bond, Phase III bond, and 
surety bond; (2) require for incremental bonding that disturbances are 
prohibited prior to acceptance of the bond and that a schedule of 
increments be provided; (3) require that Phase I bond be retained on 
unreclaimed temporary structures; (4) allow the release of bond from 
undisturbed lands when further [[Page 15729]] disturbances from surface 
mining have ceased; (5) require that the permit shall terminate on all 
areas where all bonds have been released; and (6) require at Phase III 
release that the operator provide evidence that an affidavit has been 
recorded at the county lands affected by underground mining, augering, 
covered slurry ponds, or other underground activities that could impact 
future land use for lands where Phase I reclamation was completed on or 
after September 1, 1992.

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.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
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.

2. 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. on April 11, 1995. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listing under FOR FURTHER INFORMATION CONTACT. 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 testify have 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.

3. 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 by contacting the person 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

1. 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).

2. 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 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 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.

3. 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)).

4. 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.).

5. 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 that 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. 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 counterpart Federal regulations.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 16, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-7437 Filed 3-24-95; 8:45 am]
BILLING CODE 4310-05-M