97-20400. Missouri Regulatory Program  

  • [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
    
    
    

Document Information

Effective Date:
8/4/1997
Published:
08/04/1997
Department:
Surface Mining Reclamation and Enforcement Office
Entry Type:
Rule
Action:
Final rule; approval of amendment.
Document Number:
97-20400
Dates:
August 4, 1997.
Pages:
41842-41845 (4 pages)
Docket Numbers:
SPATS No. MO-032-FOR
PDF File:
97-20400.pdf
CFR: (1)
30 CFR 925.15