[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15728-15729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7437]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 925
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Missouri regulatory program (hereinafter, the ``Missouri program'')
under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq., SMCRA). The proposed amendment consists of revisions to
rules and statutes along with supporting documentation and information
pertaining to its alternative bonding system. The amendment is intended
to revise the Missouri program to be consistent with the corresponding
Federal regulations and SMCRA.
DATES: Written comments must be received by 4 p.m., c.s.t. April 26,
1995. If requested, a public hearing on the proposed amendment will be
held on April 21, 1995. Requests to present oral testimony at the
hearing must be received by 4 p.m., c.s.t. on April 11, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to
Michael C. Wolfrom at the address listed below.
Copies of the Missouri program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Kansas City Field Office.
Michael C. Wolfrom, Acting Director, Kansas City Field Office, Office
of Surface Mining Reclamation and Enforcement, 934 Wyandotte, Room 500,
Kansas City, MO 64105
Missouri Department of Natural Resources, Land Reclamation Program,
P.O. Box No. 176, Jefferson City, MO 65102, Telephone: (314) 751-4041
FOR FURTHER INFORMATION CONTACT:Michael C. Wolfrom, Telephone: (816)
374-6405.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Missouri program. General background information on the
Missouri program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Missouri program can
be found in the November 21, 1980, Federal Register (45 FR 77017).
Subsequent actions concerning Missouri's program and program amendments
can be found at 30 CFR 925.12, 925.15, and 925.16.
II. Proposed Amendment
By letter dated March 7, 1995, Missouri submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
MO-617). Missouri submitted the proposed amendment in response to a
January 30, 1986 letter (administrative record No. MO-351) that OSM
sent to Missouri in accordance with 30 CFR 732.17(c), and in response
to the required program amendments at 30 CFR 925.16(g). The provisions
of the Revised Statutes of Missouri (RSMo) and the Code of State
Regulations (CSR) that Missouri proposed to revise were: Section
444.830.1. and 3. (RSMo), Bond requirements, when a bond must be filed,
the amount of a bond, and allowance for bond substitution; Section
444.950. (RSMo), Phase I reclamation bond requirements; Section
444.960.1. and 5. (RSMo), establishment, purpose, and duties of the
coal mine reclamation fund; Section 444.965.1., 3., 4., 5. and 6.
(RSMo), Assessment for fund; 10 CSR 40-7.011, Bond Requirements; 10 CSR
40-7.021, Duration and Release of Reclamation Liability; 10 CSR 40-
7.041, Form and Administration of the Coal Mine Land Reclamation Fund.
In addition Missouri has submitted: (1) A narrative explaining the
current and projected balances of the bond pools; (2) a discussion of
how each outstanding required program amendment of the final rule
Federal Register of May 8, 1991 (56 FR 21281) (administrative record
No. MO-536) will be resolved; (3) an explanation of how the
deficiencies identified in OSM's issue letter dated March 9, 1994
(administrative record No. MO-592) will be resolved; (4) a table of
reclamation cost estimates for all permits except those that represent
a minimal liability to the bond pools; (5) a statement from the
Missouri Attorney General that explains the legal basis for using
Abandoned Mine Land Funds for the reclamation of Bill's Coal
Forfeitured Project; and (6) copies of the revised bond forms utilized
by Missouri.
Specifically, Missouri proposes to revise its statute and
regulations: (1) To remove the option to file a full cost Phase I bond;
(2) to provide that the per acre bond amounts are minimums that may be
adjusted annually by the commission based upon calculations conducted
by the State director; (3) to provide that annual adjustments to the
bond amount will not be more than $250 per acre per year with a maximum
of $5,000 per acre for all areas except coal preparation areas, and
$500 per year with a maximum of $15,000 per acre for coal preparation
areas; (4) to require that the minimum bond will not be less than
$10,000 per permit; (5) to require that all promulgated rules must be
approved by the joint committee on administrative rules; (6) to allow
the commission to retain up to 20 percent of the amount of the bond at
Phase I liability release and retain that amount until the release of
Phase III liability; (7) to require the total amount of the Phase I
bond to be available for the completion of all phase of reclamation in
the event of bond forfeiture; and (8) to require monies to continue to
be accumulated in the CMLR Fund until they are sufficient to complete
reclamation of permits revoked prior to September 1, 1988.
In addition, Missouri is revising its regulations to: (1) Provide
new definitions of Phase I Bond, Phase II bond, Phase III bond, and
surety bond; (2) require for incremental bonding that disturbances are
prohibited prior to acceptance of the bond and that a schedule of
increments be provided; (3) require that Phase I bond be retained on
unreclaimed temporary structures; (4) allow the release of bond from
undisturbed lands when further [[Page 15729]] disturbances from surface
mining have ceased; (5) require that the permit shall terminate on all
areas where all bonds have been released; and (6) require at Phase III
release that the operator provide evidence that an affidavit has been
recorded at the county lands affected by underground mining, augering,
covered slurry ponds, or other underground activities that could impact
future land use for lands where Phase I reclamation was completed on or
after September 1, 1992.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732,17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Missouri program.
1. Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Kansas City Field Office
will not necessarily be considered in the final rulemaking or included
in the administrative record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.s.t. on April 11, 1995. Any disabled individual who has need for a
special accommodation to attend a public hearing should contact the
individual listing under FOR FURTHER INFORMATION CONTACT. The location
and time of the hearing will be arranged with those persons requesting
the hearing. If no one requests an opportunity to testify at the public
hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on proposed State regulatory
programs and program amendments submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR parts 730, 731, and 732 have been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 16, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-7437 Filed 3-24-95; 8:45 am]
BILLING CODE 4310-05-M
