[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Pages 23194-23196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10989]
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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: Proposed rule; public comment period and opportunity for public
hearing.
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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 (SMCRA).
The proposed amendment consists of revisions to Missouri's revegetation
success guidelines pertaining to the use of county average yields for
prime farmland areas and special requirements for ground cover density
on previously mined areas. The amendment is intended to revise the
Missouri program to be consistent with the corresponding Federal
regulations and improve operational efficiency.
This document sets forth the times and locations that the Missouri
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and the procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t, May 29,
1997. If requested, a public hearing on the proposed amendment will be
held on May 27, 1997. Requests to speak at the hearing must be received
by 4:00 p.m., c.d.t. on May 14, 1997.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Michael C. Wolfrom, Mid-Continent
Regional Coordinating Center, at the address listed below.
Copies of the Missouri program, the proposed amendment, a listing
of any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
address 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 Mid-Continent Regional
Coordinating Center.
Michael C. Wolfrom, Mid-Continent Regional Coordinating Center,
Office of Surface Mining Reclamation and Enforcement, Alton Federal
Building, 501 Belle Street, Alton, Illinois, 62002, Telephone: (618)
463-6460.
Missouri Department of Natural Resources, Land Reclamation Program,
205 Jefferson Street, P.O. Box 176, Jefferson City Missouri 65102,
Telephone: (573) 751-4041.
FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Mid-Continent Regional Coordinating Center,
Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
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. Description 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
[[Page 23195]]
initiative. Missouri proposes to amend its revegetation success
guidelines by adding procedures to allow for the use of county average
yields when determining how the production on reclaimed prime farmland
compares to the production on unmined prime farmland and by referencing
the special requirements for ground cover density on previously mined
areas in each land use section of the guidelines. A brief discussion of
the proposed amendment is presented below.
1. Phase II/III Revegetation Success Standards for Prime Farmland
Missouri proposes to revise section II.C.5 and to add Appendix N.
The revision to section II.C.5 specifies that if county average yields
are selected as the success standard, the Natural Resource Conservation
Service (NRCS) will determine the yield comparisons at their office in
Columbia, Missouri. The operator is to submit the yield data from mined
areas to the Missouri Land Reclamation Program. The yield data will
then be submitted to the NRCS for comparisons. The NRCS will use the
calculation procedure in Appendix N to make yield comparisons between
unmined prime soils within the county to those that have been mined.
Appendix N contains a four step procedure to determine the required
post-mined productivity levels. It includes plotting the recent 10 year
average yield, including the year in question, from the appropriate
``County Agri-Facts'' and ranking the averages from highest to lowest;
comparing the yield in the year in question to the highest yield
recorded in the 10 year period to determine percentage of yield for the
specific year to the highest 10 year yield; multiplying the
Productivity Index for the soil mapping unit from the ``Productivity of
Missouri Soils'' publication by the percentage figure; and converting
the final figure to bushels per acre. Appendix N also contains an
example of the use of the calculation. Existing Appendix N was
redesignated Appendix O.
2. Phase III Revegetation Success Standards for Pasture
At section I, Missouri proposes to revise its requirements for
ground cover on previously mined lands reclaimed to a land use of
pasture. Where pasture was the premining use, the ground cover shall be
restored to at least original density, but not less than that necessary
to control erosion. If the premining use was not pasture or the
premining ground cover density was not recorded before redisturbance,
the permittee shall establish a ground cover density of 90 percent. The
ground cover shall be determined during the last year of the five-year
liability period. Productivity testing is not required on pasture land
that was previously mined.
3. Phase III Revegetation Success Standards for Wildlife Habitat
At section I, Missouri proposes to add requirements for ground
cover on previously mined lands reclaimed to a land use of wildlife
habitat. Where wildlife habitat was the premining use, the ground cover
shall be restored to at least original density, but not less than that
necessary to control erosion. If the premining use was not wildlife
habitat or the premining ground cover density was not recorded before
redisturbance, the permittee shall establish a ground cover density of
70 percent. The ground cover shall be determined during the last year
of the five-year liability period.
4. Phase III Revegetation Success Standards for Woodland
At section I, Missouri proposes to add requirements for ground
cover on previously mined lands reclaimed to a land use of woodland.
Where woodland was the premining use, the ground cover shall be
restored to at least original density, but not less than that necessary
to control erosion. If the premining use was not woodland or the
premining ground cover density was not recorded before redisturbance,
the permittee shall establish a ground cover density of 70 percent. The
ground cover shall be determined during the last year of the five-year
liability period.
5. Phase III Revegetation Success Standards for Industrial/Commercial
At section I, Missouri proposes to add requirements for ground
cover on previously mined lands reclaimed to a land use of industrial/
commercial. Where industrial/commercial was the premining use, the
ground cover shall be restored to at least original density, but not
less than that necessary to control erosion. If the premining use was
not industrial/commercial or the premining ground cover density was not
recorded before redisturbance, the permittee shall establish a ground
cover density of 70 percent. The ground cover shall be determined
during the last year of the five-year liability period.
6. Phase III Revegetation Success Standards for Residential
At section I, Missouri proposes to add requirements for ground
cover on previously mined lands reclaimed to a land use of residential.
Where residential was the premining use, the ground cover shall be
restored to at least original density, but not less than that necessary
to control erosion. If the premining use was not residential or the
premining ground cover density was not recorded before redisturbance,
the permittee shall establish a ground cover density of 70 percent. The
ground cover shall be determined during the last year of the five-year
liability period.
7. Phase III Revegetation Success Standards for Recreation
At section I, Missouri proposes to add requirements for ground
cover on previously mined lands reclaimed to a land use of recreation.
Where recreation was the premining use, the ground cover shall be
restored to at least original density, but not less than that necessary
to control erosion. If the premining use was not recreation or the
premining ground cover density was not recorded before redisturbance,
the permittee shall establish a ground cover density of 70 percent. The
ground cover shall be determined during the last year of the five-year
liability period.
III. Public Comment Procedures
In accordance with the provisions of 330 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.
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 Mid-Continent Regional
Coordinating Center will not necessarily be considered in the final
relemaking or included in the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. c.d.t.
on May 14, 1997. The location and time of the hearing will be arranged
with those persons requesting the hearing. Any disabled individual who
has need for a special accommodation to attend a public hearing should
contact the individual listed under FOR FURTHER INFORMATION CONTACT. If
no one requests an opportunity to speak 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.
[[Page 23196]]
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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak 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
location listed under ADDRESSES. A written summary of each meeting will
be made a part of the Administrative Record.
IV. 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.
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 (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
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.
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: April 23, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-10989 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-05-M
