[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Rules and Regulations]
[Pages 78657-78664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31674]


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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; S1D1S SS08011000 
SX064A000 167S180110; S2D2S SS08011000 SX064A000 16XS501520]


Missouri Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Missouri regulatory program 
(Missouri program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). Missouri proposed revisions to its 
regulations concerning several topics regarding: Valid Existing Rights; 
Protection of Hydrologic Balance; Post-mining Land Use; Permit 
Applications; and Air Resource Protection. Missouri intends to revise 
its program to be no less effective than the Federal regulations, to 
clarify ambiguities, and to improve operational efficiency.

DATES: Effective Date: December 17, 2015.

FOR FURTHER INFORMATION CONTACT: Len Meier, Director 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. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. 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 State program includes, among other things, ``a 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 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 77017). You 
can find later actions concerning the Missouri program and program 
amendments at 30 CFR 925.10, 925.12, 925.15, and 925.16.

II. Submission of the Amendment

    By letter dated August 12, 2013 (Administrative Record No. MO-678), 
Missouri sent us an amendment to its Program under SMCRA (30 U.S.C. 
1201 et seq.). Missouri sent the amendment in response to a January 31, 
2008, letter (Administrative Record No. MO-669) we sent to Missouri in 
accordance with 30 CFR 732.17(c) concerning changes to valid existing 
rights requirements. Missouri also made changes to eliminate required 
program amendments recorded at 30 CFR 925.16(p)(4), (p)(20) and (v); 
and program disapprovals at 30 CFR 925.12(d). Missouri revised other 
sections of its regulations at its own initiative. Missouri proposed 
revisions to title 10 of its Code of State Regulations (CSR) under 
Division 40 Land Reclamation Commission. The specific sections of 10 
CSR 40 in Missouri's amendment are discussed in Part III OSMRE's 
Findings. Missouri intends to revise its program to be no less 
effective than the Federal regulations, to clarify ambiguities, and 
improve operational efficiency.

[[Page 78658]]

    We announced receipt of the proposed amendment in the October 25, 
2013, Federal Register (78 FR 63909). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment. We did not hold a 
public hearing or meeting because no one requested one. The public 
comment period ended November 24, 2013. We did not receive any public 
comments.

III. OSMRE's Findings

    We are approving the amendment as described below. The following 
are the findings we made concerning Missouri's amendment under SMCRA 
and the Federal regulations at 30 CFR 732.15 and 732.17. Any revisions 
that we do not specifically discuss below concerning non-substantive 
wording or editorial changes can be found in the full text of the 
program amendment available at www.regulations.gov.
    1. Missouri proposed to revise the sections listed below to make 
numerous non-substantive edits for clarity and update its rules to 
current editions of the Missouri Statutes:

                      Minor Reference Change Table
------------------------------------------------------------------------
              10 CSR                                Title
------------------------------------------------------------------------
40-3.040..........................  Requirements for Protection of the
                                     Hydrologic Balance.
40-3.060..........................  Requirements for the Disposal of
                                     Excess Spoil.
40-3.170..........................  Signs and Markers for Underground
                                     Operations.
40-3.180..........................  Casing and Sealing of Exposed
                                     Underground Openings.
40-3.200..........................  Requirements for the Protection of
                                     the Hydrologic Balance for
                                     Underground Operations.
40-3.210..........................  Requirements for the Use of
                                     Explosives for Underground
                                     Operations.
40-3.220..........................  Disposal of Underground Development
                                     Waste and Excess Spoil.
40-3.230..........................  Requirements for the Disposal of
                                     Coal Processing Waste for
                                     Underground Operations.
40-3.240..........................  Air Resource Protection.
40-3.260..........................  Requirements for Backfilling and
                                     Grading for Underground Operations.
40-3.300..........................  Postmining Land Use Requirements for
                                     Underground Operations.
40-5.010..........................  Prohibitions and Limitations on
                                     Mining in Certain Areas.
40-5.020..........................  State Designation of Areas as
                                     Unsuitable for Mining.
40-6.020..........................  General Requirement for Coal
                                     Exploration, Permits.
40-6.030..........................  Surface Mining Permit Applications--
                                     Minimum Requirements for Legal,
                                     Financial, Compliance, and Related
                                     Information.
40-6.040..........................  Surface Mining Permit Applications--
                                     Minimum Requirements for
                                     Information on Environmental
                                     Resources.
40-6.050..........................  Surface Mining Permit Applications--
                                     Minimum Requirements for
                                     Reclamation and Operations Plan.
40-6.060..........................  Requirements for Permits for Special
                                     Categories of Surface Coal Mining
                                     and Reclamation Operations.
40-6.070..........................  Review, Public Participation and
                                     Approval of Permit Applications and
                                     Permit Terms and Conditions.
40-6.100..........................  Underground Mining Permit
                                     Applications--Minimum Requirements
                                     for Legal, Financial, Compliance,
                                     and Related Information.
40-6.110..........................  Underground Mining Permit
                                     Applications--Minimum Requirements
                                     for Information on Environmental
                                     Resources.
40-6.120..........................  Underground Mining Permit
                                     Applications--Minimum Requirements
                                     for Reclamation and Operations
                                     Plan.
40-7.050..........................  Requirements, Conditions and Terms
                                     of Liability Insurance.
40-8.010..........................  Definitions.
40-8.020..........................  Exemption for Coal Extraction
                                     Incident to Government-Financed
                                     Highway or Other Construction.
40-8.070..........................  Applicability and General
                                     Requirements.
------------------------------------------------------------------------

    We find that Missouri's proposed revisions will make its 
regulations no less effective than the Federal regulations. Therefore, 
we are approving Missouri's revisions.

2. 10 CSR 40-3.040 Requirements for Protection of the Hydrologic 
Balance (6)(A)1., (6)(R), and (6)(U) Siltation Structures and 10 CSR 
40-3.200 Underground Mining (6)(A)1., (6)(R), and (6)(U) Siltation 
Structures

    Missouri proposed to replace the word ``pond'' with ``structure'' 
at 10 CSR 40-3.040 (6)(A)1., (6)(R), and (6)(U) Siltation Structures 
and at 10 CSR 40-3.200 (6)(A)1., (6)(R), and (6)(U) Siltation 
Structures. The corresponding Federal Regulations at 30 CFR 816.46 and 
817.46 uses the same term. We find that Missouri's proposed revision 
will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

3. 10 CSR 40-3.040 Requirements for Protection of the Hydrologic 
Balance (10)(B)5. and 10 CSR 40-3.200 Requirements for Protection of 
the Hydrologic Balance for Underground Operations (6)(T) and (10)(B)5. 
Permanent and Temporary Impoundments

    Missouri proposed to revise these sections to clarify that 
requirements for impoundments that meet the size or other criteria of 
the MSHA, 30 CFR 77.216(a) are contained in United States Soil 
Conservation Service Technical Release No. 60, Earth Dams and 
Reservoirs, July 2005, incorporated by reference. Requirements for 
impoundments that do not meet the size or other criteria contained in 
30 CFR 77.216(a) are contained in United States Natural Resources 
Conservation Service, Conservation Practice Standard, POND, No. CODE 
378, January 2004, by reference. The corresponding Federal Regulation 
at 30 CFR 780.25(a)(2)(i) provides similar requirements. We find that 
Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

4. 10 CSR 40-3.040 Requirements for Protection of the Hydrologic 
Balance (10)(O)3.C. and 10 CSR 40-3.200 Requirements for Protection of 
the Hydrologic Balance for Underground Operations (10)(O)3.C. Permanent 
and Temporary Impoundments and Spillways

    Missouri removes these design requirements in response to the 
disapproval recorded at 30 CFR 925.12(d) in order to be no less 
effective than the counterpart Federal regulations for surface mining 
at 30 CFR 780.25(c) and for underground mining at 30 CFR 784.16(c). 
Therefore, we are approving Missouri's revision and removing the 
disapproval at 30 CFR 925.12(d).

5. 10 CSR 40-3.060 Requirements for the Disposal of Excess Spoil 
(1)(K)2. Fill Inspection and 10 CSR 40-3.220

[[Page 78659]]

Disposal of Underground Development Waste and Excess Spoil (1)(L) 
Certified Report

    Missouri proposed to revise these sections to require a registered 
professional engineer or other qualified professional specialist under 
the direction of a registered professional engineer to provide the 
director with a certified report stating that the fill has been 
constructed as specified in the design approved in the permit and plan. 
The corresponding Federal Regulation at 30 CFR 816.71(i)(2) contains a 
similar requirement. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

6. 10 CSR 40-3.180 Casing and Sealing of Exposed Underground Openings 
(3) Permanent Casing and Sealing of Underground Openings

    Missouri proposed to revise this section to correct various 
regulatory citations and to include a reference to the Wellhead 
Protection Section, Division of Geology and Land Survey at 10 CSR 23 
Chapter 6 for approval of water well transfers. We find that Missouri's 
proposed revision will make its regulations no less effective than the 
Federal regulations.
    However, OSMRE received a letter from the Mining Safety and Health 
Administration (MSHA) on October 25, 2013 (Missouri Administrative 
Record No. 678.09), which noted that the MSHA citation referenced (30 
CFR 75.1771) was incorrect. The correct MSHA regulation is 30 CFR 
75.1711. We are approving the amendment with the condition that 
Missouri correct this typographical error through their State 
administrative process.

7. 10 CSR 40-3.200 Requirements for Protection of the Hydrologic 
Balance for Underground Operations (12)(A)1.(A) Groundwater Monitoring

    Missouri proposed to revise this section to correct the references 
for remedial measures taken by the operator when analysis of any 
groundwater sample indicates noncompliance with the permit conditions 
to 10 CSR 40-6.070(14) and 10 CSR 40-6.120(5). The corresponding 
Federal Regulation at 30 CFR 816.41 provides similar requirements. We 
find that Missouri's proposed revision will make its regulations no 
less effective than the Federal regulations. Therefore, we are 
approving Missouri's revision.

8. 10 CSR 40-3.200 Requirements for Protection of the Hydrologic 
Balance for Underground Operations (17)(B) Stream Buffer Zones

    Missouri proposed to revise this section to correct the references 
for the marking of stream buffer zones that are not to be disturbed to 
meet the regulatory requirements at 10 CSR 40-3.170(6). The 
corresponding Federal Regulation at 30 CFR 817.11 provides similar 
requirements. We find that Missouri's proposed revision will make its 
regulations no less effective than the Federal regulations. Therefore, 
we are approving Missouri's revision.

9. 10 CSR 40-3.220 Disposal of Underground Development Waste and Excess 
Spoil (1)(K) and (L) General Requirements

    Missouri proposed to revise these sections to clarify at (K) that 
fill be inspected by or under the direction of a professional engineer 
and at (L) only the registered engineer shall provide the certified 
report by removing the ``. . . or other qualified professional 
specialist . . .'' verbiage from their rule. The corresponding Federal 
Regulation at 30 CFR 817.71(h)(2) provides similar requirements. We 
find that Missouri's proposed revision will make its regulations no 
less effective than the Federal regulations. Therefore, we are 
approving Missouri's revision.

10. 10 CSR 40-3.230 Requirements for the Disposal of Coal Processing 
Waste for Underground Operations (1)(A) General Requirements

    Missouri proposed to revise this section to state that all coal 
processing waste disposed of in an area other than the mine workings or 
excavations shall be hauled or conveyed and placed for final placement 
in new or existing disposal areas approved in the permit and plan for 
this purpose. The corresponding Federal Regulation at 30 CFR 817.81(a) 
provides similar requirements. We find that Missouri's proposed 
revision will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

11. 10 CSR 40-3.230 Requirements for the Disposal of Coal Processing 
Waste for Underground Operations (3)(D) Water Control Measures

    Missouri proposed to revise this section to correct the references 
to regulatory requirements that discharges of all water from a coal 
processing waste bank shall comply with 10 CSR 40-3.200(15). The 
corresponding Federal Regulation at 30 CFR 817.41(h) provides similar 
requirements. We find that Missouri's proposed revision will make its 
regulations no less effective than the Federal regulations. Therefore, 
we are approving Missouri's revision.

12. 10 CSR 40-3.240 Air Resource Protection (1)

    On May 8, 1984, OSMRE notified Missouri in the Federal Register (49 
FR 19476 as amended at 64 FR 57981) and recorded at 30 CFR 925.16(p)(4) 
that this requirement must be revised to provide performance standards 
that address air quality in a manner no less effective than the Federal 
regulations at 30 CFR 817.95(a). Missouri proposed to revise this 
section to require that all exposed surface areas be protected and 
stabilized to effectively control erosion and air pollution attendant 
to erosion according to 10 CSR 40-3.200(5)(A). The corresponding 
Federal Regulation at 30 CFR 817.95(a) provides similar requirements. 
We find that Missouri's proposed revision will make its regulations no 
less effective than the Federal regulations. Therefore, we are 
approving Missouri's revision and removing the required program 
amendment at 30 CFR 925.16(p)(4).

13. 10 CSR 40-3.260 Requirements for Backfilling and Grading for 
Underground Operations (4) Regrading or Stabilizing Rills and Gullies

    Missouri proposed to revise this section to replace the existing 
requirements with more specific guidelines, including time frames, for 
regrading or stabilizing rills and gullies. Missouri proposed to add a 
section on regrading or stabilizing rills and gullies on areas that 
have been previously mined. The corresponding Federal Regulation at 30 
CFR 816.95(b) provides similar, but less specific requirements. We find 
that Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

14. 10 CSR 40-3.300 Postmining Land Use Requirements for Underground 
Operations

    Missouri proposed to revise subsection (3) of this section to 
correct the references to regulatory requirements at this section to 
require that prior to the release of lands from the permit area in 
accordance with 10 CSR 40-7.021(2)(C), the permit area shall be 
restored, in a timely manner, either to conditions capable of 
supporting the uses they were capable of supporting before any mining 
or to conditions capable of supporting approved alternative land uses. 
Although there is no Federal Equivalent under the requirements for 
postmining land use, the corresponding Federal regulation for bond 
release at 30 CFR 800.40(c) provides similar requirements

[[Page 78660]]

to the Missouri citation. We find that Missouri's proposed revision 
will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

15. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (1)(A) Definition of Valid Existing Rights

    Missouri proposed to revise this section to replace the definition 
of Valid Existing Rights with language that is consistent with the 
corresponding Federal regulation at 30 CFR 761.5. We find that 
Missouri's proposed revision will make its regulations substantively 
the same as the Federal regulations. Therefore, we are approving 
Missouri's revision.

16. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (2) Areas Where Mining is Prohibited or Limited

    Missouri proposed to revise this section to require that surface 
coal mining operations may not be conducted on the following lands, 
unless the permit applicant either has valid existing rights as 
determined under section (7) or qualifies for the exception for 
existing operations under section (3). Missouri also revises this 
section at 10 CSR 40-5.010 (2)(E)2. to state that concerning the 
prohibition within 300 feet measured horizontally from an occupied 
dwelling, the prohibition does not apply when the part of the operation 
to be located closer than 300 feet to the dwelling is an access or haul 
road that connects with an existing public road on the side of the 
public road opposite the dwelling.
    The corresponding Federal regulation at 30 CFR 761.11 provides 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

17. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (3) Exception for Existing Operations

    Missouri proposed to revise this section to require that the 
prohibitions and limitations of section (2) do not apply to surface 
coal mining operations for which a valid permit, issued under 10 CSR 
40-6, exists when the land within the permit area comes under the 
protection of section 444.890.4, Revised Statute of Missouri (RSMo), or 
this rule. The corresponding Federal regulation at 30 CFR 761.12 
provides similar requirements. We find that Missouri's proposed 
revision will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

18. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (4) Procedures for Compatibility Findings for Surface Coal Mining 
Operations on Federal Lands in National Forests

    Missouri proposed to revise this section at (4)(A) to correct 
references to the Federal regulations at 30 CFR 761.13 concerning 
Federal lands in a national forest. Missouri added language at (4)(B) 
that the applicant may submit a request to the regional director of 
OSMRE for a determination before preparing and submitting an 
application for a permit or boundary revision. Additionally, the 
applicant must explain how the proposed operation would not damage the 
values listed in the definition of ``significant recreational, timber, 
economic, or other values incompatible with surface coal mining 
operations'' in subsection (1)(B) and must include a map and sufficient 
information about the nature of the proposed operation for the 
Secretary of the Interior to make adequately documented findings. 
Missouri proposed to revise section (4)(C) to require that when a 
proposed surface coal mining operation or proposed boundary revision 
for an existing surface coal mining operation includes Federal lands 
within a national forest, the commission or director may not issue the 
permit or approve the boundary revision before the Secretary of the 
Interior makes the findings required by subsection (2)(B).
    The corresponding Federal regulation at 30 CFR 761.13, provides 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

19. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (5) Procedures for Relocating or Closing a Public Road or Waiving 
the Prohibition on Surface Coal Mining Operations Within the Buffer 
Zone of a Public Road

    Missouri proposed to revise this section at (5)(A) to emphasize 
that the requirements of this section do not apply to lands for which a 
person has valid existing rights, that are within the scope of existing 
operations as defined in Section (3), or roads that join an existing 
public road.
    Missouri proposed to revise the section at (5)(B)(3) to provide a 
public comment period if a mining operation may affect a right-of-way 
or public road.
    The corresponding Federal regulation at 30 CFR 761.14 provides 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

20. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (6) Procedures for Waiving the Prohibition on Surface Coal Mining 
Operations within the Buffer Zone of an Occupied Dwelling

    Missouri proposed to revise this section to identify three 
situations where this section does not apply, and to require waivers to 
clarify who has a legal right to deny mining and knowingly waived that 
right. The waiver will act as consent for the mining. Missouri adds 
language similar to the requirements in the corresponding Federal 
regulation at 30 CFR 761.15. We find that Missouri's proposed revision 
will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

21. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (7) Submission and Processing of Requests for Valid Existing 
Rights Determinations

    Missouri proposed to revise this section to require that an 
applicant must request a valid existing rights determination from OSMRE 
for Federal lands and for those features on Federal lands protected 
under subsections (2)(C) through (G). An applicant must request a valid 
existing rights determination for non-Federal lands and for those 
features on non-Federal lands protected under subsections (2)(C) 
through (G) from the regulatory authority. The regulatory authority 
must use the Federal definition of valid existing rights at 30 CFR 
761.5 when making a determination for non-Federal lands and the 
definition of valid existing rights at subsection (1)(A) when making a 
determination for those features protected under subsections (2)(C) 
through (G).
    At (7)(B), Missouri requires that an applicant must request a valid 
existing rights determination from the appropriate agency under 
subsection (7)(A) if the applicant intends to conduct surface coal 
mining operations on the basis of valid existing rights under section 
(2) or wishes to confirm the right to do so. The applicant may submit 
this request before preparing and submitting an application for a 
permit or boundary revision for the land. If OSMRE is the appropriate 
agency, the applicant must request the determination in accordance with 
the requirements of the Federal regulations

[[Page 78661]]

at 30 CFR 761.16. If the regulatory authority is the appropriate 
agency, the applicant must request the determination in accordance with 
the requirements of 10 CSR 40-5.010.
    The corresponding Federal regulation at 30 CFR 761.16, provides 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

22. 10 CSR 40-5.010 Prohibitions and Limitations on Mining in Certain 
Areas (8) Regulatory Authority Obligations at Time of Permit 
Application Review

    Missouri proposed to revise this section at (8)(A) to require that 
the commission or director review the application to determine whether 
the proposed surface coal mining operation would be located on any 
lands protected under section 444.890.4, RSMo., or Missouri 
regulations.
    At (8)(B), Missouri requires that the commission or director reject 
any portion of the application that would locate surface coal mining 
operations on land protected under section 444.890.4, RSMo., or 
Missouri regulation, unless: the site qualifies for the exception for 
existing operations under section (3); a person has valid existing 
rights; the applicant obtains a waiver or exception from the 
prohibitions of section 444.890.4, RSMo., or Missouri regulation; and 
for lands protected by subsection (2)(C), both the commission or 
director and the agency with jurisdiction over the park or place 
jointly approve the proposed operation in accordance with subsection 
(8)(D).
    At (8)(C), Missouri added language to this section that if the 
commission or director has difficulty determining whether an 
application includes land within an area specified in subsection 
(2)(A), the commission or director shall request that the Federal, 
state, or local governmental agency verify the location.
    At (8)(D), if the commission or director determines that the 
proposed surface coal mining operation will adversely affect any 
publicly-owned park or any place included in the National Register of 
Historic Places, the director shall request that the Federal, state, or 
local agency with jurisdiction over the park or place either approve or 
object to the proposed operation. The regulations contain requirements 
on how this request will be submitted and processed.
    The corresponding Federal regulation at 30 CFR 761.17 provides 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

23. 10 CSR 40-5.020 State Designation of Areas as Unsuitable for Mining 
(3) Applicability to Lands Designated as Unsuitable by Congress; and 
(4) Exploration on Land Designated as Unsuitable for Surface Coal 
Mining Operations

    Missouri proposed new language at section (3) Applicability to 
Lands Designated as Unsuitable by Congress; pursuant to appropriate 
petitions, lands listed under 10 CSR 40-5.010(2) are subject to 
designation as unsuitable for all or certain types of surface coal 
mining operations under this rule. Missouri's proposed new language is 
consistent with the corresponding Federal regulation at 30 CFR 762.14. 
Therefore, we find that Missouri's new language is no less effective 
than the Federal regulation. Therefore, we are approving Missouri's new 
language.
    Additionally, Missouri proposed to revise section (4) by adding a 
new title: Exploration on Land Designated as Unsuitable for Surface 
Coal Mining Operations and added the word ``unsuitable'' in this 
section. Missouri's proposed revisions are consistent with 
corresponding Federal regulation at 30 CFR 762.15. We find that 
Missouri's revisions are no less effective than the corresponding the 
Federal regulation. Therefore, we are approving Missouri's revisions.

24. 10 CSR 40-6.020 General Requirements for Coal Exploration Permits 
(3)(B)14. Permit requirements for explorations removing more than two 
hundred fifty tons of coal or where explorations will substantially 
disturb the natural land surface

    Missouri proposed to revise this section to require that for any 
lands listed in 10 CSR 40-5.010(2), a demonstration that the proposed 
exploration activities have been designed to minimize interference with 
the values for which those lands were designated as unsuitable for 
surface coal mining operations. The corresponding Federal regulation at 
30 CFR 772.12(b)(14) provides similar requirements. We find that 
Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

25. 10 CSR 40-6.020 General Requirements for Coal Exploration Permits 
(3)(D) Decisions on Applications for Exploration Removing More Than Two 
Hundred Fifty Tons of Coal

    Missouri proposed to add paragraph 2.D. to this section requiring 
minimal interference, to the extent possible, with the values for which 
those lands were designated as unsuitable for surface coal mining with 
exploration activities. This section also requires reasonable 
opportunity for comment by the owner or agency with primary 
jurisdiction over the feature causing the land to come under the 
protection of 10 CSR 40-5.010(2) on whether the finding by the 
commission under (3)(D)1 and 2 is appropriate.
    The corresponding Federal regulation at 30 CFR 772.12(d)(2)(iv), 
provides similar requirements. We find that Missouri's proposed 
revision will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

26. 10 CSR 40-6.030 Surface Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information 
(4)(C) Relationship to Areas Designated Unsuitable for Mining

    Missouri proposed to revise this subsection to require that if an 
applicant proposed to conduct surface mining activities within one 
hundred feet (100') of the outside right-of-way of a public road or 
within three hundred feet (300') of an occupied dwelling, the 
application shall meet the requirements of 10 CSR 40-5.010(5) or (6), 
respectively. The corresponding Federal regulation at 30 CFR 778.16(c), 
provides similar requirements. We find that Missouri's proposed 
revision will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

27. 10 CSR 40-6.050 Surface Mining Permit Applications--Minimum 
Requirements for Reclamation and Operations Plan (14)(B) Protection of 
Public Parks and Historic Places

    Missouri proposed to revise this section to correct the references 
to regulatory requirements to make it similar to the provisions of the 
corresponding Federal regulation at 30 CFR 780.31(a). We find that 
Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

28. 10 CSR 40-6.050 Surface Mining Permit Applications--Minimum 
Requirements for Reclamation and Operations Plan (15) Relocation or Use 
of Public Roads

    Missouri proposed to revise this section to correct the references 
to regulatory requirements to make it similar to the provisions of the

[[Page 78662]]

corresponding Federal regulation at 30 CFR 780.33. We find that 
Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

29. 10 CSR 40-6.060 Requirements for Permits for Special Categories of 
Surface Coal Mining and Reclamation Operations

    Missouri proposed to revise this section to correct the address of 
the Land Reclamation Program at (4)(C)1.A. and references to regulatory 
requirements to make it similar to the provisions of the corresponding 
Federal regulation at 30 CFR 785.17(e)(2). We find that Missouri's 
proposed revision will make its regulations no less effective than the 
Federal regulations. Therefore, we are approving Missouri's revision.

30. 10 CSR 40-6.070 Review, Public Participation and Approval of Permit 
Applications and Permit Terms and Conditions (2)(A)5. Public Notices of 
Filing of Permit Applications

    Missouri proposed to revise this subsection to require that if an 
applicant seeks a permit to mine within one hundred feet (100') of the 
outside right-of-way of a public road or to relocate a public road, a 
concise statement describing the mine-related activities must be 
submitted. The corresponding Federal regulation at 30 CFR 
773.6(a)(1)(v) provides similar requirements. We find that Missouri's 
proposed revision will make its regulations no less effective than the 
Federal regulations. Therefore, we are approving Missouri's revision.
    Additionally, Missouri proposed to revise this section to add 
``mine-related activities'' to the concise statement requirement if an 
applicant seeks a permit under this section of the rule. The 
corresponding Federal regulation at 30 CFR 773.15(c)(2), provides 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

31. 10 CSR 40-6.100 Underground Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information 
(1)(C) and (D) Identification of Interests

    Missouri proposed to revise this section to clarify that required 
information concerning an applicant's ownership or control as defined 
in 10 CSR 40-6.010(2)(C) must be contained in each application. The 
corresponding Federal regulations at 30 CFR 778.11 and 778.12 provide 
similar requirements. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision.

32. 10 CSR 40-6.120 Underground Mining Permit Applications--Minimum 
Requirements for Reclamation and Operations Plan (5)(C) Reclamation 
Plan--Protection of Hydrologic Balance

    Missouri proposed to revise subparagraph (C) to clarify that the 
supplemental information required by this section shall include the 
plans listed at (C)1. through (C)3. The corresponding Federal 
regulation at 30 CFR 784.14(g), provides similar requirements. We find 
that Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

33. 10 CSR 40-6.120 Underground Mining Permit Applications--Minimum 
Requirements for Reclamation and Operations Plan (7)(A)1.A. Reclamation 
Plan-Ponds, Impoundments, Banks, Dams, and Embankments

    Missouri proposed to revise this section to clarify that the 
general plan shall be prepared by or under the direction of and 
certified by only a qualified registered professional engineer by 
removing the `` . . . or by a professional geologist. . .'' verbiage 
from their rule. The corresponding Federal regulation at 30 CFR 
784.16(a) provides similar requirements. We find that Missouri's 
proposed revision will make its regulations no less effective than the 
Federal regulations. Therefore, we are approving Missouri's revision.

34. 10 CSR 40-6.120 Underground Mining Permit Applications--Minimum 
Requirements for Reclamation and Operations Plan (9)(A) Relocation or 
Use of Public Roads

    Missouri proposed to revise this section to change from 
``underground mining activities'' to ``surface coal mining 
operations.'' The corresponding Federal regulation at 30 CFR 784.18(a) 
provides similar requirements. We find that Missouri's proposed 
revision will make its regulations no less effective than the Federal 
regulations. Therefore, we are approving Missouri's revision.

35. 10 CSR 40-8.010 Definitions

    Missouri proposed to revise the definition of several terms to 
provide similar definitions to the corresponding Federal regulation at 
30 CFR 701.5, including adding a definition for ``Replacement of water 
supply.'' We find that Missouri's proposed revisions will make its 
regulations substantively the same as the corresponding Federal 
regulations.
    However, we noted in the definition at 89 Significant, imminent 
environmental harm to land, air or water resources, the reference needs 
to be changed from 444.855.2, RSMo to the valid reference 444.885.2, 
RSMo. Missouri needs to correct this citation in a future program 
amendment. We are approving the amendment with the condition that 
Missouri prepare a required program amendment at 30 CFR 925.16 to 
correct the regulation citation.

36. 10 CSR 40-8.020 Exemption for Coal Extraction Incident to 
Government-Financed Highway or Other Construction (2)(C) Definitions

    Missouri proposed to revise this definition to be substantively the 
same as the corresponding Federal regulation at 30 CFR 707.5. 
Therefore, we are approving Missouri's revision.

37. 10 CSR 40-8.070 Applicability and General Requirements 
(2)(C)1.A.(II)

    Missouri proposed to correct the reporting dates at (a) and (b) of 
this subparagraph. These dates were corrected to clearly require 
separate cumulative coal production and revenue data from mining prior 
to October 1, 1992, and after October 1, 1992. This action corrects the 
disapproval of the Missouri regulations recorded at 30 CFR 925.12(f). 
The corresponding Federal regulation at 30 CFR 702.5(a)(2) provides a 
similar requirement. We find that Missouri's proposed revision will 
make its regulations no less effective than the Federal regulations. 
Therefore, we are approving Missouri's revision and removing the 
disapproval at 30 CFR 925.12(f) and the required program amendment at 
30 CFR 925.16(p)(20).

38. 10 CSR 40-8.070 Applicability and General Requirements (2)(C)8.B

    Missouri removes this subparagraph as redundant to the previously 
approved subparagraph at (2)(C)8.A. Since this action merely removes 
redundant language from a previously approved requirement, we find that 
Missouri's proposed revision will make its regulations no less 
effective than the Federal regulations. Therefore, we are approving 
Missouri's revision.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

[[Page 78663]]

Federal Agency Comments

    On August 23, 2013, under 30 CFR 732.17(h)(11)(i) and section 
503(b) of SMCRA, we requested comments on the amendment from various 
Federal agencies with an actual or potential interest in the Missouri 
program (Administrative Record Nos. MO-678.03 through MO-678.08). We 
received one comment from MSHA (Administrative Record No. MO-678.09). 
MSHA pointed out that at 10 CSR 40-3.180(3), Missouri had incorrectly 
cited the MSHA regulation as 30 CFR 75.1771, when the correct MSHA 
regulation is 30 CFR 75.1711. Missouri was notified of this 
typographical error and will make this correction through its State 
administrative process.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued 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, we did not ask EPA to concur on the amendment. However, on 
August 23, 2013, under 30 CFR 732.17(h)(11)(i), we requested comments 
on the amendment from EPA (Administrative Record No. MO-678.04). The 
EPA did not respond to our request.

State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On August 23, 2013, we requested comments on Missouri's 
amendment (Administrative Record No. MO-678.06 and MO-678.07), but 
neither the SHPO nor ACHP responded to our request.

V. OSMRE's Decision

    Based on the above findings, we approve the amendment Missouri sent 
us on August 12, 2013.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 925, which codify decisions concerning the Missouri 
program to include the original amendment submission date and the date 
of final publication for this rulemaking.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

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.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by Section 3 of Executive Order 12988 and has determined that this rule 
meets the applicable standards of subsections (a) and (b) of that 
section. Because each program is drafted and promulgated by a specific 
State, not by OSMRE, these standards are not applicable to the actual 
language of State regulatory programs and program amendments. 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.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires State laws 
regulating surface coal mining and reclamation operations be'' in 
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires 
that State programs contain rules and regulations ``consistent with'' 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on federally recognized Indian tribes. 
We have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination was reached because the Missouri program does not 
regulate coal exploration and surface coal mining or reclamation 
operations on Indian lands. Therefore, the Missouri program has no 
effect on federally recognized Indian tribes.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 200,1 the President issued Executive Order 13211, which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is, (1) considered significant under Executive Order 12866 and (2) 
likely to have a significant adverse effect on the supply, distribution 
or use of energy. A Statement of Energy Effects is not required because 
this rule is exempt from review under Executive Order 12866 and is not 
expected to have a significant adverse effect on the supply, 
distribution or use of energy.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because Section 702(d) of SMCRA (30 U.S.C. 1292(d)) states 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 certifies 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 
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. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied

[[Page 78664]]

upon the data and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule (a) does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is founded upon the State submittal, 
which is the subject of this rule. The State submittal is based upon 
counterpart Federal regulations, for which an analysis was prepared, 
and a determination made that the Federal regulation was not considered 
a major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations, for which an analysis was prepared, and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 16, 2015.
Len Meier,
Acting Regional Director, Mid-Continent Region.

    Editorial Note:  This document was received for publication by 
the Office of the Federal Register on December 11, 2015.

    For the reasons set out in the preamble, 30 CFR part 925 is amended 
as set forth below:

PART 925--MISSOURI

0
1. The authority citation for part 925 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.

0
2. Section 925.15 is amended in the table by adding an entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  925.15  Approval of Missouri regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
   Original amendment  submission date     Date of final  publication             Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
August 12, 2013.........................  December 17, 2015..........  10 CSR 40-3.040(6)(A)1., (6)(R), (6)(U),
                                                                        (10)(B)5., and (10)(O)3.C.; 10 CSR 40-
                                                                        3.060(1)(K)2.; 10 CSR 40-3.180(3); 10
                                                                        CSR 40-3.200(6)(A)1., (6)(R), (6)(U),
                                                                        (6)(T), (10)(B)5., (10)(O)3.C.,
                                                                        (12)(A)1.(A), and (17)(B); 10 CSR 40-
                                                                        3.220(1)(K) and (L);10 CSR 40-
                                                                        3.230(1)(A) and (3)(D); 10 CSR 40-
                                                                        3.240(1); 10 CSR 40-3.260(4); 10 CSR 40-
                                                                        3.300; 10 CSR 40-5.010(1)(A), (2), (3),
                                                                        (4), (5), (6), (7), and (8); 10 CSR 40-
                                                                        5.020(3) and (4); 10 CSR 40-
                                                                        6.020(3)(B)14., and (3)(D); 10 CSR 40-
                                                                        6.030(4)(C); 10 CSR 40-6.050(14)(B) and
                                                                        (15); 10 CSR 40-6.060; 10 CSR 40-
                                                                        6.070(2)(A)5.; 10 CSR 40-6.100(1)(C) and
                                                                        (D); 10 CSR 40-6.120(5)(C), (7)(A)1.A.,
                                                                        and (9)(A); 10 CSR 40-8.010; 10 CSR 40
                                                                        8.020(2)(C); 10 CSR 40-
                                                                        8.070(2)(C)1.A.(II) and (2)(C)8.B.
----------------------------------------------------------------------------------------------------------------

Sec.  925.16  [Amended]

0
3. Section 925.16 is amended by removing and reserving paragraphs 
(p)(4) and (20) and removing paragraph (v).

[FR Doc. 2015-31674 Filed 12-16-15; 8:45 am]
 BILLING CODE 4310-05-P