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: 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