[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