Missouri Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

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 the 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 changes to

provisions of the Missouri regulations pertaining to definitions,

topsoil redistribution, impoundment design, disposal of coal processing

and noncoal waste, backfilling and grading, coal exploration, fish and

wildlife plan, permit approval findings, notice of violations, and

eligibility for small operators assistance. The amendment is intended

to revise the State program to be consistent with the corresponding

Federal standards, clarify ambiguities, and improve operational

efficiency.

This notice 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 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.s.t. April 3,

1995. If requested, a public hearing on the proposed amendment will be

held on March 27, 1995. Requests to present oral testimony at the

hearing must be received by 4:00 p.m., c.s.t. on March 17, 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 notice 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, Telephone: (816) 374-6405

Land Reclamation Program, Missouri Department of Natural Resources, 205

Jefferson Street, P.O. Box 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 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 February 10, 1995 (administrative record No. MO-

612), Missouri submitted a proposed amendment to its program pursuant

to SMCRA. Missouri submitted the proposed amendment with the intent of

satisfying the required program amendments at 30 CFR 925.16 (b)(4),

(p)(9), and (q)(1) through (q)(5), and at its own initiative to improve

its program. The amendment also contains nonsubstantive revisions to

eliminate editorial and typographical errors and to accomplish

necessary recodification required by the addition or deletion of

provisions.

Specifically, Missouri proposes to revise (1) 10 Code of State

Regulations (CSR) 40-3.030(4) to require that contamination of topsoil

be prevented during redistribution; (2) 10 CSR 40-3.040(10)(B)5 to

reference the January 1991, U.S. Natural Resources Conservation Service

(formerly the Soil Conservation Service) technical document, Practice

Standards 378, concerning impoundment design; (3) 10 CSR 40-

3.110(3)(A)1 to clarify that the requirements of this section apply to

coal seams, combustible materials, and acid- and toxic-forming

materials, to require that coal processing waste and noncoal waste be

covered in accordance with the regulations for disposal of coal

processing waste at 10 CSR 40-3.080, and to delete the existing

requirement [[Page 11641]] that exposed coal seams and combustible

materials, including coal processing waste, be covered with a minimum

of 4 feet of nontoxic- and nonacid-producing materials unless otherwise

demonstrated; (4) 10 CSR 40-3.110(6)(B) to provide that the regulations

for repair of rills and gullies at 10 CSR 40-3.110(6)(A) apply, on

areas that have been previously mined, only after final grading of the

area when topsoil or a topsoil substitute is not available; (5) 10 CSR

40-6.010(2)(H) to add a definition of ``Secretary;'' (6) 10 CSR 40-

6.020 (2)(A) and (3)(A) to clarify that these regulations concern

exploration activities outside of a permit area; (7) 10 CSR 40-6.120

(7)(C) and (D) and (12)(C) and (D) to specify the information that must

be included in a fish and wildlife plan and that, when the plan does

not include enhancement measures, it must include an explanation of why

enhancement is not practicable; (8) 10 CSR 40-6.070(8)(M) to require

that the Director of the Missouri program must find, prior to permit

approval for a proposed remaining operation where the applicant intends

to reclaim in accordance with the requirements of 10 CSR 40-4.080, that

the site of the operation is a previously mined area; (9) at 10 CSR 40-

8.010(1)(A)72 the definition of ``previously mined area;'' (10) at 10

CSR 40-8.010(1)(A)84 the definition of ``road;'' (11) 10 CSR 40-

8.030(7)(A) to delete the requirement that modification, termination,

or vacating of notice of violations must be in accordance with the

regulation at 10 CSR 40-8.040; (12) 10 CSR 40-8.040(9) to delete the

definition of ``habitual violator;'' and (13) 10 CSR 40-8.050(2)(B) to

change the eligibility requirement of coal production of 100,000 tons

per year to 300,000 tons per year for a small operator assistance

applicant.

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.

Written Comments

Wrriten comments should be specific, pertain only to the issue

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.

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. [March 17, 1995]. 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 comment having 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.

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.

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 at the OSM office 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

Compliance With the 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).

Compliance With Executive Order No. 12866

On July 12, 1984, the Office of Management and Budget (OMB) granted

OSM an exemption from sections 3, 4, 7, and 8 of Executive Order 12291

for actions related to approval or conditional approval of State

regulatory programs, actions, and program amendments. Therefore,

preparation of a Regulatory Impact Analysis is not necessary and OMB

regulatory review is not required.

Compliance With the Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic effect 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. Hence, 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.

Compliance With 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, to the extent allowed by law, this rule meets the

applicable standards of subsection (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 requirements of 30 CFR parts 730, 731, and 732 have been

met. [[Page 11642]]

Compliance With the Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by the Office of Management and Budget under the

Paperwork Reduction Act, 44 U.S.C. 3507 et seq.

List of Subjects in 30 CFR Part 925

Intergovernmental relations, Surface mining, Underground mining.

Dated: February 23, 1995.

Russell F. Price,

Acting Assistant Director, Western Support Center.

[FR Doc. 95-5151 Filed 3-1-95; 8:45 am]

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