[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63909-63911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25164]


=======================================================================
-----------------------------------------------------------------------

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; S1D1SSS 08011000 
SX066A00067 F134S180110; S2D2SSS 08011000 SX066A00033 F13XS501520]


Missouri Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing receipt of a proposed amendment to the Missouri 
regulatory program (Missouri program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposes 
revisions to its Valid Existing Rights Rules and the Coal Alignment 
Rules. Missouri intends to revise its program to be no less effective 
than the Federal regulations and to improve operational efficiency.
    This document gives the times and locations that the Missouri 
program and this proposed amendment to that program are available for 
your inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments on this amendment until 4:00 
p.m., c.d.t., November 25, 2013. If requested, we will hold a public 
hearing on the amendment on November 19, 2013. We will accept requests 
to speak at a hearing until 4:00 p.m., c.d.t. on November 12, 2013.

ADDRESSES: You may submit comments, identified by SATS No. MO-041-FOR, 
by any of the following methods:
     Mail/Hand Delivery: Len Meier, Division Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Suite 216, Alton, IL 62002.
     Fax: (618) 463-6470
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Missouri 
program, this amendment, a listing of any scheduled public hearings, 
and all written comments received in response to this document, you 
must go to the address listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the amendment by contacting OSM's Alton Field Division or the 
full text of the program amendment is available for you to read at 
www.regulations.gov.

Len Meier, Division Chief, 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].

    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Department of Natural 
Resources, Land Reclamation Program, 1738 East Elm Street, Jefferson 
City, Missouri 65101, Telephone: (573) 751-4041.

FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, 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. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 program includes, among other things, ``. . . 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

[[Page 63910]]

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 77027). You can also find later actions 
concerning the Missouri program and program amendments at 30 CFR 
925.10, 925.12, 925.15, and 925.16.

II. Description of the Proposed Amendment

    By letter dated August 13, 2013 (Administrative Record No. MO-678), 
Missouri sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Missouri submitted the proposed amendment in response to 
a January 31, 2008, letter (Administrative Record No. MO-669) that OSM 
sent to Missouri in accordance with 30 CFR 732.17(c). Below is a 
summary of Missouri's proposed changes. The full text of the program 
amendment is available for you to read at the locations listed above 
under ADDRESSES or at www.regulations.gov.
    Missouri proposes to make changes to its Code of State Regulations 
at Title 10, Division 40 (10 CSR 40) in the following chapters:

A. For Valid Existing Rights: Chapter 5.010 and 5.020

    Missouri proposes to add clarifying language and delete verbiage no 
longer required. These changes are editorial and administrative in 
nature, correcting references and grammatical errors.

B. For Coal Alignment Rules: Chapters 3, 6, 7, and 8

    Missouri proposes to change terms, add clarifying language, make 
grammar changes, and correct reference errors. The items below list the 
affected rule sections and proposed changes.
    1. 10 CSR 40-3.040--Requirements for Protection of the Hydrologic 
Balance. Changes the word ``pond'' to ``structure'' in several places 
of section (6) and deletes meaningless language at the end of section 
(10).
    2. 10 CSR 40-3.060--Requirements for the Disposal of Excess Spoil. 
Clarifies who will inspect fills constructed of excess spoil and who 
will provide follow up reports on the fill.
    3. 10 CSR 40-3.170--Signs and Markers for Underground Operations. 
Directs the reader to the proper parts of other rules mentioned with 
respect to buffer zones.
    4. 10 CSR 40-3.180--Casing and Sealing of Exposed Underground 
Openings. Specifies compliance with other laws that address underground 
openings and wells, and directs the reader to the proper portions of 
another rule.
    5. 10 CSR 40-3.200--Requirements for Protection of the Hydrologic 
Balance for Underground Operations. Changes the word ``pond'' to 
``structure'' in several places, changes the name of the ``Soil 
Conservation Service'' to the new name of ``Natural Resources 
Conservation Service'' and directs the reader to the proper parts of 
other rules.
    6. 10 CSR 40-3.210--Requirements for the Use of Explosives for 
Underground Operations. Clarifies what structures are protected from 
the effects of blasting in underground coal mining operations, sets 
forth the requirements for the use of explosives pursuant to 444.855, 
RSMo and directs the reader to the proper portion of another section of 
this rule.
    7. 10 CSR 40-3.220--Disposal of Underground Development Waste and 
Excess Spoil. Clarifies who will inspect fills constructed of excess 
spoil and who will provide follow up reports on the fill for 
underground mines.
    8. 10 CSR 40-3.230--Requirements for the Disposal of Coal 
Processing Waste for Underground Operations. Clarifies where coal 
processing waste from underground mining operations is to be disposed 
of and directs the reader to the correct part in another rule.
    9. 10 CSR 40-3.240--Air Resource Protection. Clarifies language in 
section (1) for underground coal mining.
    10. 10 CSR 40-3.260--Requirements for Backfilling and Grading for 
Underground Operations. Removes existing language and adds clarifying 
language that addresses the stabilization of rills and gullies 
associated with underground coal mining operations.
    11. 10 CSR 40-3.300--Postmining Land Use Requirements for 
Underground Operations. Corrects a rule citation for the reader.
    12. 10 CSR 40-6.020--General Requirements for Coal Exploration, 
Permits. Addresses permits for coal exploration activities upon lands 
designated as unsuitable for surface coal mining.
    13. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance and Related Information. 
Defines requirements for mining within 100 feet of a public road as 
stated in another rule and directs the reader to the proper part of 
that rule.
    14. 10 CSR 40-6.040--Surface Mining Permit Applications--Minimum 
Requirements for Information on Environmental Resources. Changes the 
name of the ``Soil Conservation Service'' to the correct name of the 
``Natural Resources Conservation Service.''
    15. 10 CSR 40-6.050--Surface Mining Permit Application--Minimum 
Requirements for Reclamation and Operations Plan. Directs the reader to 
the correct citations of another rule.
    16. 10 CSR 40-6.060--Requirements for Permits for Special 
Categories of Surface Coal Mining and Reclamation Operations. Changes 
the name of the ``Soil Conservation Service'' to ``Natural Resources 
Conservation Service'' and the street address of the Land Reclamation 
Program and also directs the reader to the proper reference of a 
subsection of this rule.
    17. 10 CSR 40-6.070--Review, Public Participation and Approval of 
Permit Applications and Permit Terms and Conditions. Clarifies the 
information necessary to approve mine related activities within 100 
feet of the outside right-of-way of a public road or to relocate the 
road and directs the reader to the correct subsections in another rule.
    18. 10 CSR 40-6.100--Underground Mining Permit Applications--
Minimum Requirements for Legal, Financial, Compliance and Related 
Information. Adds language in section (1) to be consistent with other 
sections of the rule.
    19. 10 CSR 40-6.110--Underground Mining Permit Applications--
Minimum Requirements for Information on Environmental Resources. 
Changes ``Soil Conservation Service'' to ``Natural Resources 
Conservation Service'' and directs the reader to the correct subsection 
of another rule.
    20. 10 CSR 40-6.120--Underground Mining Permit Applications--
Minimum Requirements for Reclamation and Operations Plan. Changes the 
word ``description'' to the words ``supplemental information,'' and 
directs the reader to the correct subsection of a rule in section (8) 
and directs the reader to the correct subsection of a rule and changes 
the phrase ``underground mining activities'' to ``surface coal mining 
operations'' in section (9).
    21. 10 CSR 40-7.050--Requirements, Conditions and Terms of 
Liability Insurance. Improves grammar and changes ``commission'' to 
``director.''
    22. 10 CSR 40-8.010--Definitions. Adds a definition of water supply 
replacement and also adds a definition for ``E'' Horizon soil. 
Numbering of definitions is also changed.

[[Page 63911]]

    23. 10 CSR 40-8.020--Exemption for Coal Extraction Incident to 
Government Financed Highway or Other Construction. Clarifies the term 
``government financed construction.
    24. 10 CSR 40-8.070--Applicability and General Requirements. 
Changes the date(s) for annual reporting purposes for coal mines 
operating under the 16\2/3\ per cent exemption rule.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the State program.

Electronic or Written Comments

    If you submit written or electronic comments, they should be 
specific, confined to issues pertinent to the proposed regulations, and 
explain the reason for your recommended change(s). We appreciate any 
and all comments, but those most useful and likely to influence 
decisions on the final regulations will be those that either involver 
personal experience or include citations to and analyses of SMCRA, its 
legislative history, its implementing regulations, case law, other 
pertinent State or Federal laws or regulations, technical literature, 
or other relevant publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on 
November 12, 2013. If you are disabled and need reasonable 
accommodations to attend a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the administrative record.

IV. Procedural Determinations

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.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 23, 2013.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
[FR Doc. 2013-25164 Filed 10-24-13; 8:45 am]
BILLING CODE 4310-05-P