[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41842-41845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20400]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SPATS No. MO-032-FOR]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving amendment to the Missouri regulatory program
(hereinafter referred to as the ``Missouri program'') under the Surface
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Mining Control and Reclamation Act of 1977 (SMCRA). Missouri proposed
to amend its revegetation success guidelines by revising its special
requirements for ground cover density on previously mined areas in the
phase III revegetation success standards sections of its guidelines for
pasture and adding special requirements for ground cover density on
previously mined areas in the phase III revegetation success standards
sections of its guidelines for wildlife habitat, woodland, industrial/
commercial, residential, and recreation lad uses. The amendment is
intended to revise the Missouri program to be consistent with the
corresponding Federal regulations and improve operational efficiency.
EFFECTIVE DATE: August 4, 1997.
FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Office of Surface Mining, Mid-Continent Regional
Coordinating Center, Alton Federal Building, 501 Belle Street, Alton,
Illinois 62002. Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Missouri Program
On November 21, 1980, the Secretary of Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.15, and 925.16.
II. Submission of the Proposed Amendment
By letter dated April 16, 1997 (Administrative Record No. MO-649),
Missouri submitted a proposed amendment to its program pursuant to
SMCRA. Missouri submitted the proposed amendment at its own initiative.
OSM announced receipt of the proposed amendment in the April 29,
1997, Federal Register (62 FR 23194), and in the same document opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequately of the proposed amendment. The
public comment period closed on May 29, 1997. Because no one requested
a public hearing or meeting, none was held.
By letter dated May 29, 1997 (Administrative Record No. MO-649.3),
Missouri submitted revisions to its proposed program amendment.
Missouri proposed to withdraw the portion of its proposed amendment
pertaining to the optional use of county average yields for determining
prime farmland revegetation success and to revise the portion of its
proposed amendment pertaining to special requirements for ground cover
density on previously mined areas reclaimed to a pasture land use.
Missouri submitted the revisions at its own initiative.
Based upon the revisions to the proposed program amendment
submitted by Missouri, OSM reopened the public comment period in the
June 10, 1997, Federal Register (62 FR 31541). The public comment
period closed on June 25, 1997.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's finding concerning the
proposed amendment.
Missouri proposed to amend its Phase III revegetation success
guidelines for pasture, wildlife habitat, woodland, industrial/
commercial, residential, and recreation land uses concerning the
standard to be applied to previously mined land. Where the premining
use and the postmining use are the same, Missouri proposed to require
that the ground cover on previously mined lands be restored to at least
its original density, but not less than that necessary to control
erosion. If the premining use and postmining use are not the same or
the premining ground cover was not recorded before the area's
redisturbance, the permittee shall establish a ground cover density of
70 percent. The ground cover shall be determined once during the last
year of the five-year liability period. Productivity testing is not
required on pasture land that was previously mined. The proposal
revises the current guidelines for reclamaining previously mined areas
to pasture. Missouri currently does not have any provision for
reclamining previously mined areas to wildlife habitat, woodland,
industrial/commercial, residential, or recreation land uses.
There are no direct Federal regulation counterparts for reclaiming
previously mined lands to a specific land use. However, the Federal
regulations at 30 CFR 816.116/817.116(b)(5) and Missouri's regulations
at 10 CSR 40.3.120/3.270(6)(B)2.I require that vegetative ground cover
for areas previously disturbed by mining that were not reclaimed to
permanent program performance standards and that are remined, or
otherwise redisturbed by surface coal mining operations, shall be no
less than the ground cover existing before redisturbance and shall be
adequate to control erosion. The Federal regulations at 30 CFR 816.116/
817.116(c)(2)(ii) require that the vegetative parameters of areas
previously disturbed by mining shall equal or exceed the applicable
success standard during the growing season of the last year of the
responsibility period.
The portion of Missouri's proposal in which the premining use and
the postmining use are the same contains substantively identical
requirements as the Federal regulations for areas previously disturbed
by mining in that the vegetative ground cover shall be not less than
the ground cover existing before redisturbance and shall be adequate to
control erosion. Therefore, the Director finds that these revisions to
Missouri's revegetation success guidelines are no less effective than
the Federal regulations at 30 CFR 816.116/817.116(b)(5).
The portion of Missouri's proposal in which the premining use and
the postmining use are not the same or the premining ground cover
density was not recorded before the area's redisturbance, when read in
combination with the Missouri regulations at 10 CSR 40.3.120/
3.270(6)(B)2.I which require that ground cover on redisturbed sites be
adequate to control erosion, ensures that the 70 percent ground cover
requirement is a minimum density standard that will be adjusted upward
if the density is not adequate to control erosion. Therefore, the
Director finds these proposed revisions are no less effective than the
Federal regulations at 30 CFR 816.116/817.116(b)(5).
Additionally, the Director finds that the portion of Missouri's
proposal which requires that the ground cover be determined once during
the last year of the five-year liability period is consistent with and
no less effective than the Federal requirements at 30 CFR 816.116/
817.116(c)(2)(ii).
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the proposed amendment, but none
were received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various
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Federal agencies with an actual or potential interest in the Missouri
program. No comments were received from the Federal agencies.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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, OSM did not
request the EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from the EPA (Administrative Record No. MO-649.1).
The EPA did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
MO-649.1). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Missouri on April 16, 1997, and as revised on
May 29, 1997, concerning revisions to its revegetation success
guidelines that revised or added special requirements for ground cover
density on previously mined areas in the phase III revegetation success
standards sections of its guidelines for pasture, wildlife habitat,
woodland, industrial/commercial, residential, and recreation land uses.
The Director approves the revegetation success guidelines as proposed
by Missouri with the provision that they be fully implemented in
identical form to those submitted to and reviewed by OSM and the
public.
The Federal regulations at 30 CFR part 925, codifying decisions
concerning the Missouri program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
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).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, 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 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.
Narional 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 (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 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 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. 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 corresponding Federal regulations.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 21, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR part 925 is amended
as set forth below:
PART 925--MISSOURI
1. The authority citation for part 925 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 925.15 is amended in the table by adding a new entry 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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Original amendment submission date Date of final publication Citation/description
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* * * * * *
*
April 16, 1997............................ August 4, 1997............................ Section I of Phase III
Revegetation Success
Standards for Pasture,
Wildlife Habitat,
Woodland, Industrial/
Commercial,
Residential, and
Recreation.
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[FR Doc. 97-20400 Filed 8-1-97; 8:45 am]
BILLING CODE 4310-05-M
