Missouri Regulatory Program

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