[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4498-4501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01667]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SATS No. MO-048-FOR; Docket ID: OSM-2019-0001; S1D1S SS08011000 
SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520]


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). As a result of Missouri's Red Tape 
Reduction Initiative (Executive Order 17-03), Missouri proposes 
amendments and rescissions to its Missouri Coal Mining Regulations in 
order to reduce the volume of these regulations without reducing the 
program's requirements. Missouri proposed amendments to multiple 
sections of its regulations to incorporate by reference the 
corresponding Federal regulations. Missouri also proposed to rescind 
multiple sections of its regulations that will be incorporated by 
reference in the aforementioned proposed amended sections. Missouri 
intends these revisions to its program to remain as effective as the 
Federal regulations.

DATES: The effective date is February 28, 2022.

FOR FURTHER INFORMATION CONTACT: Bill Joseph, Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Suite 216, Alton, Illinois 62002. Telephone: (618) 463-
6463 extension 5109. 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. Statutory and Executive Order Reviews

I. Background on the Missouri Program

    Subject to OSMRE's oversight, 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 laws and regulations that govern surface coal mining and 
reclamation operations in accordance with the Act and consistent with 
the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7).
    Based on these criteria, the Secretary of the Interior 
conditionally approved the Missouri program effective 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 of the Missouri program 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. Submission of the Amendment

    By letter dated February 8, 2019 (Administrative Record No. MO-
684), Missouri sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.) at its own initiative.
    We announced the receipt of the proposed amendment in the May 1, 
2019, Federal Register (84 FR 18433). 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. We did not 
receive any public comments on the proposed

[[Page 4499]]

amendment. The public comment period ended on May 31, 2019.

III. OSMRE's Findings

    We are approving the amendment as described below. The following 
are 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.
    Missouri proposes to amend the following sections of the Missouri 
Coal Mining Regulations to incorporate by reference to corresponding 
Federal regulations:

10 CSR 40-3.060--Requirements for the Disposal of Excess Soil

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR 780.35.

10 CSR 40-3.170--Signs and Markers for Underground Operations

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR part 817, with the exception of 30 CFR 
817.10, Information Collection, and a modification to section 
817.61(c)(1). As required by 30 CFR 817.61(c)(1) after approval of a 
state blasting certification program, Missouri will require all 
blasting operations to be conducted under the direction of a certified 
blaster. This modification does not make the Missouri regulation less 
effective than the corresponding federal regulation.

10 CSR 40-4.020--Auger Mining Requirements

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR 785.20.

10 CSR 40-4.040--Operations on Steep Slopes

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR 785.15.

10 CSR 40-4.060--Concurrent Surface and Underground Mining

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR 785.18.

10 CSR 40-4.070--In Situ Processing

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR 785.22.

10 CSR 40-6.100--Underground Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information

    Missouri proposes to incorporate by reference the Federal 
regulations found in 30 CFR parts 783 and 784.
    We find that Missouri's proposed amendments to these sections do 
not make its rules or regulations less effective than the corresponding 
Federal regulations, as the Federal regulations are being incorporated 
by reference. The proposed modifications were found not to compromise 
the effectiveness of the incorporated Federal regulations; therefore, 
we are approving Missouri's revisions.
    Missouri also proposes to rescind the following sections of the 
Missouri Coal Mining Regulations as they have been incorporated in the 
aforementioned proposed amended sections:

10 CSR 40-3.180--Casing and Sealing of Exposed Underground Openings
10 CSR 40-3.190--Requirements for Topsoil Removal, Storage and 
Redistribution for Underground Operations
10 CSR 40-3.200--Requirements for the Protection of the Hydrologic 
Balance for Underground Operations
10 CSR 40-3.210--Requirements for the Use of Explosions for Underground 
Operations
10 CSR 40-3.220--Disposal of Underground Development Waste and Excess 
Spoil
10 CSR 40-3.230--Requirements for the Disposal of Coal Processing Waste 
for Underground Operations
10 CSR 40-3.240--Air Resource Protection for Underground Operations
10 CSR 40-3.250--Requirements for the Protection of Fish, Wildlife and 
Related Environmental Values and Protection of Fish, Wildlife and 
Related Environmental Values and Protection Against Slides and Other 
Damage
10 CSR 40-3.260--Requirements for Backfilling and Grading for 
Underground Operations
10 CSR 40-3.270--Revegetation Requirements for Underground Operations
10 CSR 40-3.280--Requirements for Subsidence Control Associated With 
Underground Mining Operations
10 CSR 40-3.290--Requirements for Road and Other Transportation 
Associated With Underground Operations
10 CSR 40-3.300--Postmining Land Use Requirements for Underground 
Operations
10 CSR 40-3.310--Coal Recovery, Land Reclamation and Cessation of 
Operation for Underground Operations
10 CSR 40-6.110--Underground Mining Permit Applications Minimum 
Requirements for Information on Environmental Resources
10 CSR 40-6.120--Underground Mining Permit Applications Minimum 
Requirements for Reclamation and Operations Plan

    We find that Missouri's proposal to rescind these sections do not 
make its rules or regulations less effective than the corresponding 
Federal regulations, as the Federal regulations are being incorporated 
by reference in the aforementioned proposed amended sections. 
Therefore, we are approving Missouri's rescissions.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment. As noted in Section 
II, we did not receive any public comments on this proposed amendment.

Federal Agency Comments

    On February 14, 2019, pursuant to 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 No. MO-684-02). We did not 
receive any comments.

U.S. 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 
February 14, 2019, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Administrative Record No. MO-684-02). 
The EPA did not respond to our request.

State Historical 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 February 14, 2019, we requested comments on the 
amendment

[[Page 4500]]

(Administrative Record No. MO-684-02). We did not receive any comments.

V. OSMRE's Decision

    Based on the above finding, we are approving the Missouri amendment 
that was submitted on February 8, 2019 (Administrative Record No. MO-
684). To implement this decision, we are amending the Federal 
regulations at 30 CFR part 925, which codify decisions concerning the 
Missouri program. In accordance with the Administrative Procedure Act, 
this rule will take effect 30 days after the date of publication. 
Section 503(a) of SMCRA requires that the State's program must 
demonstrate that the State has the capability of carrying out the 
provisions of the Act and meeting its purposes. SMCRA requires 
consistency of State and Federal standards.

VI. Statutory and Executive Order Reviews

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule does not affect a taking of private property or otherwise 
have taking implications that would result in private property being 
taken for government use without just compensation under the law. 
Therefore, a takings implication assessment is not required. This 
determination is based on an analysis of the corresponding Federal 
regulations.

Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. Pursuant to OMB guidance, dated October 
12, 1993, the approval of State program amendments are exempted from 
OMB review under Executive Order 12866. Executive Order 13563, which 
reaffirms and supplements Executive Order 12866, retains this 
exemption.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State regulatory 
program amendment that the State of Missouri drafted.

Executive Order 13132--Federalism

    This rule has potential Federalism implications as defined under 
Section 1(a) of Executive Order 13132. Executive Order 13132 directs 
agencies to ``grant the States the maximum administrative discretion 
possible'' with respect to Federal statutes and regulations 
administered by the States. Missouri, through its approved regulatory 
program, implements and administers SMCRA and its implementing 
regulations at the state level. This rule approves an amendment to the 
Missouri program submitted and drafted by the State and, thus, is 
consistent with the direction to provide maximum administrative 
discretion to States.

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

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175, and we have determined that it has no 
substantial direct effects on federally recognized Tribes or on the 
distribution of power and responsibilities between the Federal 
government and Tribes. Therefore, consultation under the Department's 
tribal consultation policy is not required. The basis for this 
determination is that our decision is on the State program and does not 
include Tribal lands or regulation of activities on Tribal lands. 
Tribal lands are regulated independently under the applicable, approved 
Federal program.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking 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. Because 
this rule is exempt from review under Executive Order 12866 and is not 
significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

Executive Order 13045--Protection of Children From Environmental Health 
Risks and Safety Risks

    This rule is not subject to Executive Order 13045 because this is 
not an economically significant regulatory action as defined by 
Executive Order 12866; and this action does not address environmental 
health or safety risks disproportionately affecting children.

National Environmental Policy Act

    Consistent with Sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and 1292(d), respectively) and the U.S. Department of the 
Interior Departmental Manual, part 516, section 13.5(A), State program 
amendments are not major Federal actions within the meaning of Section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical, (OMB 
Circular A-119 at p. 14). This action is not subject to the 
requirements of section 12(d) of the NTTAA because application of those 
requirements would be inconsistent with SMCRA.

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to the Office of 
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.) is not required.

[[Page 4501]]

Regulatory Flexibility Act

    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's submittal, which is the subject 
of this rule, is based upon corresponding Federal regulations for which 
an economic analysis was prepared and certification made that such 
regulations would not have a significant economic effect upon a 
substantial number of small entities. In making the determination as to 
whether this rule would have a significant economic impact, the 
Department relied upon the data and assumptions for the corresponding 
Federal regulations.

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 based on an analysis of the 
corresponding Federal regulations, which were determined not to 
constitute a major rule.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. This determination 
is based on an analysis of the corresponding Federal regulations, which 
were determined not to impose an unfunded mandate. Therefore, a 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

Alfred L. Clayborne,
Regional Director, DOI Unified Region 3, 4 and 6.
    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. In Sec.  925.15 amend the table by adding an entry for ``February 8, 
2019'' in chronological order by ``Date of final publication'' to read 
as follows:


Sec.  925.15   Approval of Missouri regulatory program amendments.

* * * * *

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                                            Date of final
  Original amendment submission date         publication                      Citation/description
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                                                  * * * * * * *
February 8, 2019.....................  January 28, 2022.......  10 CSR 40-3.060; 40-3.170; 40-3.180; 40-3.190;
                                                                 40-3.200; 40-3.210; 40-3.220; 40-3.230; 40-
                                                                 3.240; 40-3.250; 40-3.260; 40-3.270; 40-3.280;
                                                                 40-3.290; 40-3.300; 40-3.310; 40-4.020; 40-
                                                                 4.040; 40-4.060; 40-4.070; 40-6.100; 40-6.110;
                                                                 40-6.120.
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[FR Doc. 2022-01667 Filed 1-27-22; 8:45 am]
BILLING CODE 4310-05-P