64906 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

1.32 do not impose an information

collection burden on the public.

List of Subjects in 17 CFR Part 1

Brokers, Commodity Futures.

In consideration of the foregoing and

pursuant to the authority contained in

the Commodity Exchange Act and, in

particular, sections 4d, 4f, 4g and 8a(5)

thereof, 7 U.S.C. 6d, 6f, 6g and 12a(5),

the Commission hereby proposes to

amend Chapter I of Title 17 of the Code

of Federal Regulations as follows:

PART 1—GENERAL REGULATIONS

UNDER THE COMMODITY EXCHANGE

ACT

1. The authority citation for Part 1

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a,

6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m,

6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a,

13a–1, 16, 16a, 19, 21, 23, and 24.

2. Section 1.32 is proposed to be

revised to read as follows:

§ 1.32 Segregated account; daily

computation and record.

(a) Each futures commission merchant

must compute as of the close of each

business day:

(1) The total amount of customer

funds on deposit in segregated accounts

on behalf of commodity and option

customers;

(2) The amount of such customer

funds required by the Act and these

regulations to be on deposit in

segregated accounts on behalf of such

commodity and option customers; and

(3) The amount of the futures

commission merchant’s residual interest

in such customer funds.

(b) In computing the amount of funds

required to be in segregated accounts, a

futures commission merchant may offset

any net deficit in a particular customer’s

account against the current market value

of readily marketable securities, less

applicable percentage deductions (i.e.,

‘‘securities haircuts’’) as set forth in

Rule 15c3–1(c)(2)(vi) of the Securities

and Exchange Commission (17 CFR

241.15c3–1(c)(2)(vi)), held for the same

customer’s account. The futures

commission merchant must maintain a

security interest in the securities,

including the written authorization to

liquidate the securities at the futures

commission merchant’s discretion, and

must segregate the securities in a

safekeeping account with a bank, trust

company, clearing organization of a

contract market, or another futures

commission merchant. For purposes of

this section, a security will be

considered readily marketable if it is

traded on a ‘‘ready market’’ as defined

in Rule 15c3–1(c)(11)(i) of the Securities

and Exchange Commission (17 CFR

240.15c3–1(c)(11)(i)).

(c) The daily computations required

by this section must be completed by

the futures commission merchant prior

to noon on the next business day and

must be kept, together with all

supporting data, in accordance with the

requirements of § 1.31.

Issued in Washington D.C. on October 25,

2000 by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 00–27914 Filed 10–30–00; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

[SPATS No. MO–033–FOR]

Missouri Regulatory Program and

Abandoned Mine Land Reclamation

Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the Missouri regulatory

program (Missouri program) and the

Missouri Abandoned Mine Land

Reclamation Plan (Missouri plan) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Missouri proposes revisions to its rules

pertaining to surface mining

performance requirements, special

mining activities, prohibitions and

limitations on mining in certain areas

and areas unsuitable for mining,

permitting requirements, bond and

insurance requirements, definitions and

general requirements, and abandoned

mine land reclamation requirements.

Missouri intends to revise its program to

be consistent with the corresponding

Federal regulations, to provide

additional safeguards, to clarify

ambiguities, and to improve operational

efficiency.

This document gives the times and

locations that the Missouri program and

the proposed amendment to that

program are available for your

inspection, the comment period during

which your may submit written

comments on the amendment, and the

procedures that we will follow for the

public hearing, if one is requested.

DATES: We will accept written

comments until 4:00 p.m., c.s.t.,

November 30, 2000. If requested, we

will hold a public hearing on the

amendment on November 27, 2000. We

will accept requests to speak at the

hearing until 4:00 p.m., c.s.t. on

November 15, 2000.

ADDRESSES: You should mail or hand

deliver written comments and requests

to speak at the hearing to John W.

Coleman, Mid-Continent Regional

Coordinating Center, at the address

listed below.

You may review copies of the

Missouri program, the amendment, a

listing of any scheduled public hearings,

and all written comments received in

response to this document at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the amendment by

contacting OSM’s Mid-Continent

Regional Coordinating Center.

John W. Coleman, Mid-Continent

Regional Coordinating Center, Office of

Surface Mining, 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: John

W. Coleman, Mid-Continent Regional

Coordinating Center. Telephone: (618)

463–6460. Internet:

jcoleman@mcrgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

and the Missouri Plan

On November 21, 1980, the Secretary

of Interior conditionally approved the

Missouri program. You can find general

background information on the Missouri

program, including the Secretary’s

findings, the disposition of comments,

and the conditions of approval in the

November 21, 1980, Federal Register

(45 FR 77017). You can find later

actions on the Missouri program at 30

CFR 925.12, 925.15, and 925.16.

On January 29, 1982, the Secretary of

the Interior approved the Missouri plan.

Background information on the

Missouri plan, including the Secretary’s

findings, the disposition of comments,

and the approval of the plan can be

found in the January 29, 1982, Federal

Register (47 FR 4253). Subsequent

actions concerning the Missouri plan

and amendments to the plan can be

found at 30 CFR 925.25.

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64907

II. Description of the Proposed

Amendment

By letter dated October 5, 2000

(Administrative Record No. MO–662.1),

Missouri sent us an amendment to its

program and plan under SMCRA and

the Federal regulations at 30 CFR

732.17(b) and 884.15, respectively.

Missouri sent the amendment in

response to our letter dated June 17,

1997 (Administrative Record No. MO–

651), that we sent to Missouri under 30

CFR 732.17(c), and in response to

required program amendments at 30

CFR 925.16. The amendment also

includes changes made at Missouri’s

own initiative. Missouri proposes to

amend the Missouri Code of State

Regulations (CSR) at Title 10, Division

40. Below is a summary of the changes

proposed by Missouri. The full text of

the program amendment is available for

your inspection at the locations listed

above under ADDRESSES.

A. 10 CSR 40–3 Permanent

Performance Requirements for Surface

Coal Mining and Related Activities

1. 10 CSR 40–3.010(6) Buffer Zone

Markers. Missouri proposes to add a

reference to 10 CSR 40–8.010(1)(A)13 in

its provision at 10 CSR 40–3.010(6).

Missouri’s rule at 10 CSR 40–

8.010(1)(A)13 defines the term ‘‘buffer

zone.’’

2. 10 CSR 40–3.020 Requirements

for Casing and Sealing of Drilled Holes.

Missouri proposes to remove its

reference to 10 CSR 40.3.040(13) and to

add a reference to 10 CSR 40–3.040(14)

and the Wellhead Protection Section,

Division of Geology and Land Survey, at

10 CSR 23, Chapter 6, in its provisions

at 10 CSR 40–3.020(1) and (3).

Provisions of the referenced rules must

be met in order to use a drilled hole or

borehole or monitoring well as a water

well.

3. 10 CSR 40–3.040 and 10 CSR 40–

3.200 Requirements for Protection of

the Hydrologic Balance. Missouri

proposes several changes to its rules at

10 CSR 40–3.040 for surface mining

operations and 10 CSR 40–3.200 for

underground mining operations.

a. Missouri is changing all instances

of the term ‘‘sedimentation ponds’’ to

the term ‘‘siltation structures’’ in its

rules at 10 CSR 40–3.040(2), 10 CSR 40–

3.040(6), 10 CSR 40–3.040(8), 10 CSR

40–3.040(17), 10 CSR 40–3.200(2), 10

CSR 40–3.200(6), 10 CSR 40–3.200(8),

and 10 CSR 40–3.200(16).

b. At 10 CSR 40–3.040(4)(A), Missouri

is correcting a rule reference by

changing ‘‘subsection (17)(A)’’ to

‘‘subsection (18)(A).’’

c. At 10 CSR 40–3.040(4)(B)3 and 10

CSR 40–3.200(4)(B)3, Missouri is adding

the language ‘‘and any design criteria set

by the director’’ at the end of the

paragraph.

d. At 10 CSR 40–3.040(6)(T) and 10

CSR 40–3.200(6)(T), Missouri is adding

the following new provision:

Impoundments meeting the Class B or C

criteria for dams in the U.S. Department of

Agriculture, Soil Conservation Service (now

renamed as the Natural Resources

Conservation Service) Technical Release No.

60 (210–VI, TR–60, Revised Oct. 1985),

entitled ‘‘Earth Dams and Reservoirs,’’

hereafter in these rules referred to as TR–60,

or the size or criteria of 30 CFR 77.216 must

be examined in accordance with 30 CFR

77.216–3.

Missouri is also revising the existing

provision by requiring that

impoundments which do not meet the

above criteria be examined at least

quarterly.

e. At 10 CSR 40–3.040(10)(A) and 10

CSR 40–3.200(10)(A), Missouri is

adding the following new sentence:

Furthermore, impoundments meeting the

Class B or C criteria for dams in TR–60 shall

comply with the ‘‘Minimum Emergency

Spillway Hydrologic Criteria’’ table in TR–60

and the requirements of this section.

f. At 10 CSR 40–3.040(10)(B)5 and 10

CSR 40–3.200(B)5, Missouri proposes to

remove its current reference to the

‘‘United States Soil Conservation

Service Practice Standards 378, Ponds,

January 1991’’ and replace it with a

reference to the ‘‘United States Natural

Resources Conservation Service,

Conservation Practice Standard, Pond,

No. Code 378, December 1998.’’

g. Missouri is adding a new

subsection at 10 CSR 40–3.040(10)(L)

and 10 CSR 40–3.200(10)(L) entitled

‘‘Stability.’’ Paragraphs (10)(L)1 require

an impoundment meeting the Class B or

C criteria for dams in TR–60, or the size

or other criteria of 30 CFR 77.216(a), to

have a minimum static safety factor of

1.5 for a normal pool with steady state

seepage saturation conditions and a

seismic safety factor of at least 1.2.

Paragraphs (10)(L)2 require an

impoundment not included in the first

paragraph, except for a coal mine waste

impounding structure, to have a

minimum static safety factor of 1.3 for

a normal pool with steady state seepage

saturation conditions or meet the

requirements of the Natural Resources

Conservation Service, Conservation

Practice Standard 378, December 1998,

and be less than 20 feet in height.

h. Missouri is adding a new

subsection at 10 CSR 40–3.040(10)(M)

and 10 CSR 40–3.200(10)(M) entitled

‘‘Freeboard.’’ Subsections (10)(M)

require an impoundment to have

adequate freeboard to resist overtopping

by waves and by sudden increases in

storage volume. They also require an

impoundment that meets the Class B or

C criteria for dams in TR–60 to comply

with the freeboard hydrograph criteria

in the ‘‘Minimum Emergency Spillway

Hydrologic Criteria’’ table in TR–60.

i. Missouri is adding a new subsection

at 10 CSR 40–3.040(10)(N) and 10 CSR

40–3.200(10)(N) entitled ‘‘Foundation.’’

Paragraphs (10)(N)1 require foundations

and abutments for an impounding

structure to be stable during all phases

of construction and operation and the

design must be based on adequate and

accurate information on the foundation

conditions. For impoundments meeting

the Class B or C criteria for dams in TR–

60, or the size or other criteria of 30 CFR

77.216(a), they require that foundation

investigation, as well as any necessary

laboratory testing of foundation

material, be performed to determine the

design requirements for foundation

stability. Paragraphs (10)(N)2 require

that all vegetative and organic materials

be removed and foundations excavated

and prepared to resist failure. Cutoff

trenches must be installed if necessary

to ensure stability.

j. Missouri is adding a new subsection

at 10 CSR 40–3.040(10)(O) and 10 CSR

40–3.200(10)(O) entitled ‘‘Spillways.’’

Subsections (10)(0) provide the spillway

requirements for permanent and

temporary impoundments meeting the

Class B or C criteria for dams in TR–60,

for impoundments meeting or exceeding

the size or other criteria of 30 CFR

77.216(a), and for impoundments not

meeting either criteria. They also

specify the design precipitation events

that the various types of impoundments

must be designed and constructed to

safely pass or contain.

k. At 10 CSR 40–3.040(13)(A)1.A,

Missouri is correcting regulation

references by changing ‘‘10 CSR 40–

6.070(13)’’ to ‘‘10 CSR 40–6.070(14)’’

and removing a reference to ‘‘10 CSR

40–6.120(5).’’ At 10 CSR 40–

3.040(13)(B)1, Missouri is correcting a

regulation reference by changing ‘‘10

CSR 40–6.050(9)(B)4’’ to ‘‘10 CSR 40–

6.050(9)(C)4.’’

l. Missouri is revising 10 CSR 40–

3.040(14)(B)3 to require that upon

transfer of a well, the transferee must

assume primary responsibility for

compliance with 10 CSR 40–3.020 and

those provisions of the Wellhead

Protection Section, Division of Geology

and Land Survey, at 10 CSR 23, Chapter

3, applicable to the well.

m. At 10 CSR 40–3.200(12)(A)1.A,

Missouri is correcting a regulation

reference by changing ‘‘10 CSR 40–

6.070(13)’’ to ‘‘10 CSR 40–6.070(14).’’ At

10 CSR 40–3.200(12)(B)1, Missouri is

correcting a regulation reference by

64908 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

changing ‘‘10 CSR 40–6.120(5)(B)3’’ to

‘‘10 CSR 40–6.120(5)(C)3.’’

n. Missouri is revising 10 CSR 40–

3.200(13)(B)3 to require that upon

transfer of a well, the transferee must

assume primary responsibility for

compliance with 10 CSR 40–3.180 and

those provisions of the Wellhead

Protection Section, Division of Geology

and Land Survey, at 10 CSR 23, Chapter

3, applicable to the well.

4. 10 CSR 40–3.050 Requirements

for the Use of Explosives. At 10 CSR 40–

3.050(1)(D)1.A, Missouri proposes to

require an operator to submit a blast

design if blasting operations will be

conducted within 1000 feet of a dam

that is outside the permit area. At 10

CSR 40–3.050(2)(A), Missouri proposes

to require the operator to notify owners

of dams that are located within one-half

mile of the permit area at least forty

days before initiation of blasting and tell

them how to request a preblast survey.

At 10 CSR 40–3.050(3)(C)1, Missouri

removed the language ‘‘at a minimum,

shall contain.’’

5. 10 CSR 40–3.080 Requirements

for the Disposal of Coal Processing

Waste. Missouri proposes the following

changes to its requirements for

disposing of coal processing waste.

a. Missouri proposes to revise the first

sentence of 10 CSR 40–3.080(1)(A) to

read as follows:

All coal processing waste disposed of in an

area other than the mine workings or

excavations shall be hauled or conveyed and

placed for final placement in new or existing

disposal areas approved in the permit and

plan for this purpose.

b. At 10 CSR 40–3.080(3)(D), Missouri

proposes to remove the references to

‘‘10 CSR 40–3.040(12) and (15)’’ and

add a reference to ‘‘10 CSR 40–

3.040(16).’’

6. 10 CSR 40–3.090 Requirements

for the Protection of Air Resources at

Surface Mining Operations. Missouri

proposes to add the following new

requirement:

All exposed surface areas shall be

protected and stabilized to effectively control

erosion and air pollution attendant to erosion

according to 10 CSR 40–3.040(5)(A).

7. 10 CSR 40–3.110 Backfilling and

Grading Requirements. Missouri

proposes the following changes to its

backfilling and grading requirements.

a. 10 CSR 40–3.110(4) Thin

Overburden. Missouri proposes to

remove the first three sentences of 10

CSR 40–3.110(4)(A) and add the

following language in their place:

The provisions of this section apply only

where there is insufficient spoil and other

waste materials available from the entire

permit area to restore the disturbed area to

its approximate original contour. Insufficient

spoil and other waste materials occur where

the overburden thickness times the swell

factor, plus the thickness of other available

waste materials, is less than the combined

thickness of the overburden and coal bed

prior to removing the coal, so that after

backfilling and grading the surface

configuration of the reclaimed area would

not: (1) Closely resemble the surface

configuration of the land prior to mining; or

(2) Blend into and complement the drainage

pattern of the surrounding terrain.

b. 10 CSR 40–3.110(5) Thick

Overburden. Missouri proposes to

remove the first three sentences of 10

CSR 40–3.110(5)(A) and add the

following language in their place:

The provisions of this section apply only

where there is more than sufficient spoil and

other waste materials available from the

entire permit area to restore the disturbed

area to its approximate original contour.

More than sufficient spoil and other waste

materials occur where the overburden

thickness times the swell factor exceeds the

combined thickness of the overburden and

coal bed prior to removing the coal, so that

after backfilling and grading the surface

configuration of the reclaimed area would

not: (1) Closely resemble the surface

configuration of the land prior to mining; or

(2) Blend into and complement the drainage

pattern of the surrounding terrain.

c. 10 CSR 40–3.110(6) Regrading or

Stabilizing Rills and Gullies. Missouri

proposes to revise 10 CSR 40–

3.110(6)(B) to read as follows:

On areas that have been previously mined,

the requirements for regrading or stabilizing

rills and gullies pursuant to subsection (6)(A)

apply after final grading and placement of

topsoil or the best available topsoil

substitute.

8. 10 CSR 40–3.120 and 10 CSR 40–

3.270 Revegetation Requirements.

Missouri proposes the following

changes to its rules at 10 CSR 40–3.120

for surface mining operations and 10

CSR 40–3.270 for underground mining

operations.

a. Missouri proposes to remove the

term ‘‘range land’’ from its provisions

for grazing at 10 CSR 40–3.120(5) and 10

CSR 40–3.270(5).

b. Missouri proposes to replace the

term ‘‘sediment ponds’’ with the term

‘‘siltation structures’’ in its rules at 10

CSR 40–3.120(8)(A)4 and (B) and 10

CSR 40–3.270(8)(A)4 and (B).

9. 10 CSR 40–3.140 Road and Other

Transportation Requirements. At 10

CSR 40–3.140(1)(A), Missouri proposes

to remove the word ‘‘road’’ from the

phrase ‘‘as well as dust occurring on

other exposed road surfaces.’’

10. 10 CSR 40–3.240 Air Resource

Protection at Underground Mining

Operations. Missouri proposes to

remove the existing requirement and

add the following new requirement:

All exposed surface areas shall be

protected attendant to erosion according to

10 CSR 40–3.200(5)(A).

B. 10 CSR 40–4 Permanent

Performance Requirements for Special

Mining Activities

1. 10 CSR 40–4.010 Coal Exploration

Requirements. Missouri is proposing

two changes to its rules concerning coal

exploration requirements.

a. Missouri is revising its purpose

statement to read as follows:

This rule sets forth the requirements for

conducting coal exploration activities

pursuant to 444.810 and 444.845, RSMo.

b. Missouri is correcting a citation

reference at 10 CSR 40–4.010(3)(J) by

changing the reference from ‘‘10 CSR

40–3.040(8)’’ to ‘‘10 CSR 40–3.040(9).’’

2. 10 CSR 40–4.020 Auger Mining

Requirements. Missouri is correcting a

citation reference at 10 CSR 40–

4.020(2)(B) by changing the reference

from ‘‘10 CSR 40–6.060(6)’’ to ‘‘10 CSR

40–6.060(5).’’

3. 10 CSR 40–4.030 Operations on

Prime Farmland. 

a. Missouri proposes to revise its

purpose statement to read as follows:

This rule outlines the procedure for surface

coal mining and reclamation on prime

farmland pursuant to 444.810 and 444.855

RSMo.

b. Missouri proposes to change the

term ‘‘United States Soil Conservation

Service’’ to the term ‘‘United States

Natural Resources Conservation

Service’’ at 10 CSR 40–4.030(3)(A),

(6)(A), and (7)(B)2 and 7.

c. Missouri proposes to remove its

current provision at 10 CSR 40–

4.030(4)(A), redesignate 10 CSR 40–

4.030(4)(B) as 10 CSR 40–4.030(4)(C),

and add the following new provisions at

10 CSR 40–4.030(4)(A) and (B):

(A) Coal preparation plants, support

facilities, and roads of underground mines

that are actively used over extended periods

of time and where such uses affect a minimal

amount of land. Such uses shall meet the

requirements of 10 CSR 40–3.

(B) Disposal areas containing coal mine

waste resulting from underground mines that

is not technologically and economically

feasible to store in underground mines or on

non-prime farmland. The operator shall

minimize the area of prime farmland used for

such purposes.

4. 10 CSR 40–4.050 Coal Processing

Plants and Support Facilities Not

Located at or Near the Mine Site or Not

Within the Permit Area for a Mine.

Missouri proposes to correct the citation

reference at 10 CSR 40–4.050(11) from

‘‘10 CSR 40–3.100(1)–(4)’’ to ‘‘10 CSR

40–3.100(1)–(7).’’ Missouri also

proposes to correct the citation

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64909

reference at 10 CSR 40–4.050(12) from

‘‘10 CSR 40–3.100(5)’’ to ‘‘10 CSR 40–

3.100(8).’’

C. 10 CSR 40–5 Prohibitions and

Limitations on Mining in Certain Areas

and Areas Unsuitable for Mining

1. At 10 CSR 40–5.010(1)(B), Missouri

proposes to revise the first sentence of

its definition of ‘‘No significant

recreational, timber, economic or other

values incompatible with surface coal

mining operations’’ to read as follows:

Significant recreational, timber, economic

or other values incompatible with surface

coal mining operations means those values

which could be damaged by, and are not

capable of existing together with, surface coal

mining operations because of the undesirable

effects mining would have on those values,

either on the area included in the permit

application or on other affected area.

2. Missouri proposes to revise the first

sentence of 10 CSR 40–5.010(2)(E) to

read as follows:

Within three hundred feet (300′), measured

horizontally, from any occupied dwelling

unless the permit applicant submits with the

application a written waiver from the owner

of the dwelling, clarifying that the owner and

signatory had the legal right to deny mining

and knowingly waived that right.

D. 10 CSR 40–6 Permitting

Requirements for Permits, Permit

Applications, and Coal Exploration

1. 10 CSR 40–6.010 General

Requirements for Permits. Missouri is

proposing the following changes to its

rule at 10 CSR 40–6.010.

a. 10 CSR 40–6.010(4)(B)2 Renewal

of Valid Permits. Missouri proposes to

correct a citation reference by changing

‘‘10 CSR 40–6.080(5) and (6)’’ to ‘‘10

CSR 40–6.090(5) and (6).’’ Missouri also

proposes to add the following new

provision to the end of 10 CSR 40–

6.010(4)(B)2:

A permittee need not renew the permit if

no surface coal mining operations will be

conducted under the permit and solely

reclamation activities remain to be done.

Obligations established under a permit

continue until completion of surface coal

mining and reclamation operations,

regardless of whether the authorization to

conduct surface coal mining operations has

expired or has been terminated, revoked, or

suspended.

b. 10 CSR 40–6.010(6)(A) Permit Fees.

Missouri proposes to remove the

existing third sentence. Missouri also

proposes to revise the existing fifth

sentence to read as follows:

Afterwards and until the operator obtains

the final liability release on all lands covered

by the permit, the annual fee and acreage fee

shall be paid as a condition to and prior to

operating for that permit year.

2. 10 CSR 40–6.020 General

Requirements for Coal Exploration

Permits. Missouri is proposing several

changes to its rule at 10 CSR 40–6.020.

a. Missouri is proposing to revise the

purpose statement to read as follows:

This rule sets forth the requirements for

coal exploration permits pursuant to 444.810

and 444.845, RSMo.

b. 10 CSR 40–6.020(5) Requirements

for Commercial Use or Sale During Coal

Exploration. In the first sentence,

Missouri is proposing to add the words

‘‘use or’’ before the word ‘‘sale’’ in the

phrase ‘‘for commercial sale.’’ In the

first sentence, Missouri is also

proposing to change the citation

references to ‘‘10 CSR 40–6.010 and 10

CSR 40–6030 through 10 CSR 40–

6.120.’’ In the second sentence, Missouri

is proposing to add the word ‘‘written’’

before the word ‘‘determination.’’

Missouri is also adding a new sentence

that reads as follows:

The person conducting the exploration

shall file an application for such

determination with the director or

commission.

c. 10 CSR 40–6.020(7) Bonding for

Coal Exploration Permits. At 10 CSR

40–6.020(7)(A), Missouri proposes to

change the citation reference to ‘‘10 CSR

40–7.011(6).’’

3. 10 CSR 40–6.030 and 10 CSR 40–

6.100 Minimum Requirements for

Legal, Financial, Compliance and

Related Information. Missouri proposes

the following changes to its rules at 10

CSR 40–6.030 for surface mining

operations and 10 CSR 40–6.100 for

underground mining operations.

a. In the introductory paragraph of 10

CSR 40–6.030(1)(C), Missouri proposes

to add the phrase ‘‘each application

shall contain’’ after the words ‘‘as

applicable.’’

b. Missouri proposes to revise the

introductory paragraph of 10 CSR 40–

6.030(1)(D) to read as follows:

For any surface coal mining operation

owned or controlled by the applicant under

the definition of owned or controlled and

owns or controls in 10 CSR 40–6.010(2)(E),

each application shall contain—

c. At 10 CSR 40–6.030(1)(I) and 10

CSR 40–6.100(1)(I), Missouri proposes

to require the applicant to submit the

information required by 10 CSR 40–

6.010(1) and (2) and 10 CSR 40–6.100(1)

and (2) in any format prescribed by the

‘‘Office of Surface Mining Reclamation

and Enforcement (OSMRE).’’

d. Missouri is revising 10 CSR 40–

6.030(2)(C) to read as follows:

A list of all violation notices received by

the applicant during the three year period

preceding the application date, and a list of

all unabated cessation orders and unabated

violation notices received prior to the date of

the application by any surface coal mining

and reclamation operation that is deemed or

presumed to be owned or controlled by the

applicant under the definition of ‘‘owned or

controlled’’ and ‘‘owns or controls’’ in 10

CSR 40–6.010(2)(E) of this chapter. For each

notice of violation issued pursuant to 10 CSR

40–8.030(7) or under the Federal or State

program for which the abatement period has

not expired, the applicant must certify that

such notice of violation is in the process of

being corrected to the satisfaction of the

agency with jurisdiction over the violation.

For each violation notice or cessation order

reported, the lists shall include the following

information, as applicable:

A. Any identifying numbers for the

operation, including the Federal or State

permit number and MSHA number, the dates

of the violation notice and MSHA number,

the name of the person to whom the violation

notice was issued, and the name of the

issuing regulatory authority, department or

agency;

B. A brief description of the violation

alleged in the notice;

C. The date, location and type of any

administrative or judicial proceedings

initiated concerning the violation, including,

but not limited to, proceedings initiated by

any person identified in subsection (C) of this

section to obtain administrative or judicial

review of the violation;

D. The current status of the proceedings

and of the violation notice; and

E. The actions, if any, taken by any person

identified in subsection (C) of this section to

abate the violation.

e. Missouri is revising 10 CSR 40–

6.100(2)(C) to read as follows:

For any violation of a provision of the Act,

or of any law, rule or regulation of the United

States, or of any State law, rule or regulation

enacted pursuant to Federal law, rule or

regulation pertaining to air or water

environmental protection incurred in

connection with any surface coal mining

operation, a list of all violations notices

received by the applicant during the three (3)

year period preceding the application date,

and a list of all unabated cessation orders and

unabated air and water quality violation

notices received prior to the date of the

application by any surface coal mining and

reclamation operation owned or controlled

by either the applicant or by any person who

owns or controls the applicant. For each

violation notice or cessation order reported,

the lists shall include the following

information, as applicable:

A. Any identifying numbers for the

operation, including the Federal or State

permit number and MSHA number, the dates

of issuance of the violation notice and MSHA

number, the name of the person to whom the

violation notice was issued, and the name of

the issuing regulatory authority, department

or agency;

B. A brief description of the violation

alleged in the notice;

C. The date, location and type of any

administrative or judicial proceedings

initiated concerning the violation, including,

64910 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

but not limited to, proceedings initiated by

any person identified in subsection (C) of this

section to obtain administrative or judicial

review of the violation;

D. The current status of the proceedings

and of the violation notice; and

E. The actions, if any, taken by any person

identified in subsection (C) of this section to

abate the violation.

4. 10 CSR 40–6.040 Environmental

Resources.

a. 10 CSR 40–6.040(5) Geology

Description. Missouri is revising 10 CSR

40–6.040(5)(B)1.E to read as follows:

Analyses of the coal seam for acid- or

toxic-forming materials, including, but not

limited to, an analysis of the total sulfur and

pyritic sulfur content.

b. 10 CSR 40–6.040(16) Prime

Farmland Investigation. Missouri is

revising 10 CSR 40–6.040(16)(C)1 and 3

by changing its references to the

‘‘United States Soil Conservation

Service’’ to the ‘‘United States Natural

Resources Conservation Service.’’

5. 10 CSR 40–6.050 and 10 CSR 40–

6.120 Minimum Requirements for

Reclamation and Operations Plan.

Missouri proposes the following

changes to its rules at 10 CSR 40–6.050

for surface mining operations and 10

CSR 40–6.120 for underground mining

operations.

a. Missouri proposes to change the

term ‘‘sedimentation pond’’ to the term

‘‘siltation structure’’ in its rules at 10

CSR 40–6.050(5)(B)11, 10 CSR 40–

6.050(5)(C)1, 10 CSR 40–6.050(11)(A)

and (B), 10 CSR 40–6.120(7)(A) and (B),

and 10 CSR 40–6.120(14)(B)10 and

(C)(1).

b. At 10 CSR 40–6.050(7)(D)1,

Missouri proposes that each fish and

wildlife plan description be consistent

with the requirements of this section

and 10 CSR 40–3.100.

c. At 10 CSR 40–6.050(9)(C)3,

Missouri is changing a citation reference

from ‘‘10 CSR 40–3.040(11)’’ to ‘‘10 CSR

40–3.040(12).’’

d. At 10 CSR 40–6.050(9)(C)4,

Missouri is changing a citation reference

from ‘‘10 CSR 40–3.040(12)’’ to ‘‘10 CSR

40–3.040(13).’’

e. Missouri is redesignating the

introductory paragraph of ‘‘10 CSR 40–

6.050(9)(E)’’ as ‘‘10 CSR 40–

6.050(9)(D)3’’ and adding a new heading

entitled ‘‘Cumulative Hydrologic Impact

Assessment’’ at 10 CSR 40–6.050(9)(E)

and 10 CSR 40–6.120(5)(E).

f. At 10 CSR 40–6.050(11)(A) and 10

CSR 40–6.120(7)(A), Missouri is

proposing to add the words ‘‘and a

detailed plan’’ after the words ‘‘general

plan.’’

g. At 10 CSR 40–6.050(11)(A)2 and 10

CSR 40–6.120(7)(A)2, Missouri is

adding the following sentence to the

beginning of the introductory

paragraphs:

Impoundments meeting the Class B or C

criteria for dams in TR–60, which is

incorporated by reference, shall comply with

the requirements of this section for structures

that meet or exceed the size or other criteria

of the Mine Safety and Health

Administration (MSHA).

h. At 10 CSR 40–6.050(11)(A)3 and 10

CSR 40–6.120(7)(A)3, Missouri is

removing a citation reference to ‘‘30

CFR 77.216(a)’’ and adding a citation

reference to ‘‘10 CSR 40–6.050(11)(A)2

and 10 CSR 40–6.120(7)(A)2,’’

respectively.

i. Missouri is proposing to revise the

second sentence of 10 CSR 40–

6.050(11)(C) and 10 CSR 40–6.120(7)(C)

to require that each plan for an

impoundment meeting the size or other

criteria of the Mine Safety and Health

Administration comply with the

requirements of 30 CFR 77.216–1 and 30

CFR 77.216–2. Missouri is adding a new

sentence to these sections to require that

the plan required to be submitted to the

District Manager of MSHA under 30

CFR 77.216 be submitted to the director

as part of the permit application.

j. Missouri is proposing to revise the

first sentence of 10 CSR 40–6.050(11)(F)

and 10 CSR 40–6.120(7)(F) by requiring

that if a structure meets the Class B or

C criteria for dams in TR–60, or meets

the size or other criteria of 30 CFR

77.216(a), each plan under subsections

(11)(B), (C) and (E) and subsections

(7)(B), (C) and (E), respectively, must

include a stability analysis of each

structure.

k. Missouri is proposing to remove the

language ‘‘or a qualified registered

professional land surveyor’’ from its

provisions at 10 CSR 40–6.050(17)(B)

and 10 CSR 40–6.120(15)(B).

l. At 10 CSR 40–6.120(12)(D),

Missouri proposes that each fish and

wildlife plan description be consistent

with the requirements of this section

and 10 CSR 40–3.250.

6. 10 CSR 40–6.060(4) Prime

Farmlands.

a. Missouri is proposing to change all

instances of its references to the ‘‘United

States Soil Conservation Service’’ and

the ‘‘SCS’’ to the ‘‘United States Natural

Resources Conservation Service’’ and

the ‘‘NRCS,’’ respectively.

b. At 10 CSR 40–6.060(4)(E)5,

Missouri is proposing to add the

following new provision:

Water bodies, if any, to be constructed

during mining and reclamation operations

must be located within the post-reclamation

non-prime farmland portions of the permit

area. The creation of any such water bodies

must be approved by the regulatory authority

and the consent of all affected property

owners within the permit area must be

obtained.

7. 10 CSR 40–6.070 Review, Public

Participation and Approval of Permit

Applications and Permit Terms and

Conditions.

a. At 10 CSR 40–6.070(3)(B), Missouri

is proposing to require that written

comments on permit applications be

submitted to the commission and

director within 30 days after the last

publication of the newspaper

advertisement required by subsection

(2)(A).

b. At 10 CSR 40–6.070(4)(A), Missouri

is proposing to require that written

objections to an initial, renewed, or

revised application for a permit be filed

within 30 days after the last publication

of the newspaper advertisement

required by subsection (2)(A).

c. At 10 CSR 40–6.070(8)(C), Missouri

is correcting a citation reference by

changing ‘‘10 CSR 40–6.050(9)(C)’’ to

‘‘10 CSR 40–6.050(9)(E).’’

d. At 10 CSR 40–6.070(10)(D),

Missouri is changing the word ‘‘formal’’

to the word ‘‘informal.’’

8. 10 CSR 40–6.090 Permit Reviews,

Revisions and Renewals.

a. Missouri is revising 10 CSR 40–

6.090(4)(B)(2), to require that the scale

or extent of permit application

information requirements and

procedures, including notice and

hearings, applicable to revision requests

must be sufficient to demonstrate

compliance with all applicable rules.

b. At 10 CSR 40–6.090(6)(A), Missouri

is correcting a citation reference by

changing ‘‘10 CSR 40–6.010(4)(B)3’’ to

10 CSR 40–6.010(4)(B)2.’’

c. At 10 CSR 40–6.090(7), Missouri is

correcting a citation reference by

changing ‘‘10 CSR 40–6.070(11)’’ to ‘‘10

CSR 40–6.070(12).’’

E. 10 CSR 40–7 Bond and Insurance

Requirements

1. 10 CSR 40–7.011 Bond

Requirements.

a. At 10 CSR 40–7.011(6)(A)8 and

(D)8, Missouri is proposing to require

that if a cessation order is issued,

mining operations shall not resume

until the director has determined that an

acceptable bond has been posted.

b. At the end of 10 CSR 40–

7.011(6)(D)2.C.(II), Missouri is changing

the word ‘‘and’’ to the word ‘‘or.’’

c. Missouri is proposing to revise 10

CSR 40–7.011(6)(D)5.A by changing the

phrase ‘‘including the parent corporate

guarantor, a third-party nonparent

corporate guarantor, or both’’ to the

phrase ‘‘including the parent and

nonparent corporations.’’

d. Missouri is proposing to revise 10

CSR 40–7.011(6)(D)5.C by changing the

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64911

language ‘‘parent or nonparent corporate

guarantor’’ to the language ‘‘parent and

nonparent corporation.’’

2. 10 CSR 40–7.021 Duration and

Release of Reclamation Liability.

a. Missouri is proposing to remove its

provisions at 10 CSR 40–7.021(2)(B)5

and 6 and add them at 10 CSR 40–

7.021(1)(C) and (D).

b. Missouri is proposing to replace the

term ‘‘sediment ponds’’ with the term

‘‘siltation structures’’ in 10 CSR 40–

7.021(2)(A).

c. Missouri is proposing to add the

following new provisions at 10 CSR 40–

7.021(3)(C) and (D):

(C) At the time of final or phase III bond

release submittal, the operator shall include

evidence that an affidavit has been recorded

with the recorder of deeds in the county

where the mined land is located generally

describing the parcel or parcels of land where

operations such as underground mining,

auger mining, covering of slurry ponds, or

other underground activities occurred which

could impact or limit future use of that land.

This requirement shall be applicable to

mined land where phase I reclamation was

completed on or after September 1, 1992.

(D) Notarized Statement of Accomplished

Reclamation. The permittee shall include in

the application for reclamation liability

release a notarized statement which certifies

that all applicable reclamation activities have

been accomplished in accordance with the

requirements of the Surface Coal Mining

Law, the regulatory program, and the

approved reclamation plan. Such

certification shall be submitted for each

application and each phase of bond release.

F. 10 CSR 40–8 Definitions and

General Requirements

1. 10 CSR 40–8.010 Definitions.

a. At 10 CSR 40–8.010(1)(A)9,

Missouri is correcting its definition of

‘‘approximate original contour’’ by

adding the language ‘‘piles eliminated’’

after the word ‘‘refuse’’ to end the first

sentence and adding the language

‘‘Permanent water impoundments’’

before the words ‘‘may be permitted’’ to

begin a second sentence. Missouri is

also replacing its reference to ‘‘10 CSR

40–3.049(9) and (16)’’ with a reference

to ‘‘10 CSR 40–3.040(10) and (17).’’

b. At 10 CSR 40–8.010(1)(A)12,

Missouri is revising its definition of

‘‘best technology currently available’’ by

replacing the term ‘‘sedimentation

ponds’’ with the term ‘‘siltation

structures.’’

c. At 10 CSR 40–8.010(1)(A)52.C,

Missouri is revising its definition of

‘‘land use’’ by adding the information

‘‘(now known as the Natural Resources

Conservation Service)’’ after the term

‘‘Soil Conservation Service’’ in its

secondary definition of ‘‘prime

farmland.’’

d. At 10 CSR 40–8.010(1)(A)59,

Missouri is revising its definition of

‘‘other treatment facilities’’ as follows:

Other treatment facilities means any

chemical treatments, such a flocculation or

neutralization, or mechanical structures,

such as clarifiers or precipitators, that have

a point source discharge and that are

utilized—

A. To prevent additional contributions of

dissolved or suspended solids to stream flow

or runoff outside the permit area; or

B. To comply with all applicable State and

Federal water-quality laws and regulations.

e. At 10 CSR 40–8.010(1)(A)73,

Missouri is revising in definition of

‘‘prime farmland’’ as follows:

Prime farmland means land which meets

the technical criteria established by the

Secretary of Agriculture in 7 CFR 657 (FR

Vol. 4, No. 21) and which has historically

been used for cropland as that phrase is

defined above.

f. At 10 CSR 40–8.010(1)(A)82,

Missouri is adding the following

definition of ‘‘regulatory authority’’:

Regulatory authority means the Land

Reclamation Commission, the director, or

their designated representative and

employees unless otherwise specified in

these rules.

g. Missouri is proposing to remove its

definition for ‘‘sedimentation pond’’ at

10 CSR 40–8.010(1)(A)(87) and to add

the following definition for ‘‘siltation

structure’’ at 10 CSR 40–8.010(1)(A)(89):

Siltation structure means a sedimentation

pond, a series of sedimentation ponds, or

other treatment facility, it also means a

primary sediment control structure designed,

constructed and maintained in accordance

with 10 CSR 40–3.040(6) and including, but

not limited to, barrier, dam or excavated

depression which slows down water runoff

to allow sediment to settle out. A siltation

structure shall not include secondary

sedimentation control structures, such as

straw dikes, riprap, check dams, mulches,

dugouts and other measures that reduce

overland flow velocity, reduce runoff volume

or trap sediment, to the extent that those

secondary sedimentation structures drain to

the siltation structure.

h. At 10 CSR 40–8.010(1)(A)97.B,

Missouri is correcting a citation

reference in its definition of ‘‘surface

coal mining operations’’ by replacing a

reference to ‘‘subparagraph (1)(A)14’’

with a reference to ‘‘subparagraph

(1)(A)98.A.’’

2. 10 CSR 40–8.030 Permanent

Program Inspection and Enforcement.

a. Missouri is proposing to revise 10

CSR 40–8.030(1)(F)4.A by allowing a

site to be classified as abandoned only

in cases where a permit has either

expired or been revoked.

b. Missouri is revising 10 CSR 40–

8.030(1)(G) to read as follows:

In lieu of the inspection frequency

established in subsections (1)(A) and (B) of

this rule, the regulatory authority shall

inspect each abandoned site on a set

frequency commensurate with the public

health and safety and environmental

considerations present at each specific site,

but in no case shall the inspection frequency

be set at less than one complete inspection

per calendar year.

1. In selecting an alternate inspection

frequency authorized under the subsection

above, the regulatory authority shall first

conduct a complete inspection of the

abandoned site and provide public notice

under paragraph (G)2 of this section.

Following the inspection and public notice,

the regulatory authority shall prepare and

maintain for public review a written finding

justifying the alternative inspection

frequency selected. This written finding shall

justify the new inspection frequency by

affirmatively addressing in detail all of the

following criteria:

A. How the site meets each of the criteria

under the definition of an abandoned site

under subsection (F) of this section and

thereby qualifies for a reduction in

inspection frequency;

B. Whether, and to what extent, there exist

on the site impoundments, earthen structures

or other conditions that currently pose, or

may reasonably be expected to pose,

imminent dangers to the health or safety of

the public or significant environmental

harms to land, air, or water resources;

C. The extent to which existing

impoundments or earthen structures were

constructed and certified in accordance with

prudent engineering designs approved in the

permit;

D. The degree to which erosion and

sediment control is present and functioning;

E. The extent to which the site is located

near or above urbanized areas, communities,

occupied dwellings, schools and other public

or commercial buildings and facilities;

F. The extent of reclamation completed

prior to abandonment and the degree of

stability of unreclaimed areas, taking into

consideration the physical characteristics of

the land mined and the extent of settlement

or revegetation that has occurred naturally

with time; and

G. Based on a review of the complete and

partial inspection report record for the site

during at least the last two consecutive years,

the rate at which adverse environmental or

public health and safety conditions have and

can be expected to progressively deteriorate.

2. Provide the public notice and

opportunity to comment required under

subparagraph (G).1 of this section as follows:

A. The regulatory authority shall place a

notice in the newspaper with the broadest

circulation in the locality of the abandoned

site providing the public with a 30-day

period in which to submit written comments.

B. The public notice shall contain the

permittee’s name, the permit number, the

precise location of the land affected, the

inspection frequency proposed, the general

reasons for reducing the inspection

frequency, the bond status of the permit, the

telephone number and the address of the

regulatory authority where written comments

64912 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

on the reduced inspection frequency may be

submitted, and the closing date of the

comment period.

c. At 10 CSR 40–8.030(6)(A)3,

Missouri replaced a reference to

‘‘paragraph (7)(A)1 of this section’’ with

a reference to ‘‘paragraph (6)(A)1 of this

rule.’’

d. At 10 CSR 40–8.030(12)(C),

Missouri replaced a reference to

‘‘subsection (8)(E)’’ with a reference to

‘‘10 CSR 40–7.031.’’

3. 10 CSR 40–8.050 Small Operators’

Assistance Program (SOAP).

a. Missouri proposes to revise its

definition of ‘‘qualified laboratory’’ at 10

CSR 40–8.050(1) by replacing the phrase

‘‘which can prepare’’ with the phrase

‘‘that can provide’’ and by adding the

phrase ‘‘or other services as specified in

section (5) of this rule’’ after the term

‘‘core samplings.’’

b. Missouri proposes to revise the first

sentence of 10 CSR 40–8.050(2)(B) to

read as follows:

Establishes that his/her probable total

attributed annual production from all

locations on which the operator is issued the

surface coal mining and reclamation permit

will not exceed three hundred thousand

(300,000) tons.

c. At 10 CSR 40–8.050(2)(B)1 and 2,

Missouri proposes to increase from 5 to

10 percent the baseline percentage

above which ownership will play a role

in determining ‘‘attributed coal

production.’’

d. At 10 CSR 40–8.050(5)(A), Missouri

proposes to add the phrase ‘‘and

provide other services’’ after the word

‘‘statement.’’

e. At 10 CSR 40–8.050(5)(B)1,

Missouri proposes to add the phrase

‘‘including the engineering analysis and

designs necessary for the

determination’’ after the term ‘‘adjacent

areas.’’

f. Missouri is revising 10 CSR 40–

8.050(5)(B)2 to specify that drilling to

provide rock samples is an authorized

service under its SOAP rules.

g. Missouri is proposing to add the

following new authorized services

under its SOAP rules at 10 CSR 40–

8.050(5)(B)3, 4, 5, and 6:

3. The development of cross-section maps

and plans required by 10 CSR 40–6.040(15);

4. The collection of archaeological and

historic information and related plans

required by 10 CSR 40–6.040(3)(B) and 10

CSR 40–6.050(14) and any other

archaeological and historic information

required by the regulatory authority;

5. Pre-blast surveys required by 10 CSR 40–

6.050(4); and

6. The collection of site-specific resources

information, the production of protection and

enhancement plans for fish and wildlife

habitats required by 10 CSR 40–6.050(7) and

information and plans for any other

environmental values required by the

regulatory authority under the act.

h. Missouri is revising the

introductory paragraph to 10 CSR 40–

8.050(9)(A) to read as follows:

A coal operator who has received

assistance pursuant to section (5) of this rule,

shall reimburse the director or commission

for the cost of the services rendered if—

i. Missouri is proposing to revise 10

CSR 40–8.050(9)(A)2 to read as follows:

The director or commission finds that the

operator’s actual and attributed annual

production of coal for all locations exceeds

three hundred thousand (300,000) tons

during the twelve (12) months immediately

following the date on which the operator is

issued the surface coal mining and

reclamation permit; or

j. Missouri is proposing to revise the

first sentence of 10 CSR 40–8.050(9)(A)3

to read as follows:

The permit is sold, transferred or assigned

to another person and the transferee’s total

actual and attributed production exceeds the

three hundred thousand (300,000)-ton annual

production limit during the twelve (12)

months immediately following the date on

which the permit was originally issued.

4. 10 CSR 40–8.070 Applicability

and General Performance Requirements

a. At 10 CSR 40–8.070(2)(C)1.A.(II),

Missouri is replacing a reference to

‘‘paragraph (2)(C)10’’ with a reference to

‘‘paragraph (2)(C)11.’’

b. At 10 CSR 40–8.070(2)(C)1.A.(II)(a),

Missouri is proposing to change the end

of the period for which cumulative

production and revenue is calculated for

coal or other minerals from ‘‘extracted

prior to November 1, 1992, and every

October after that’’ to ‘‘extracted prior to

October 1, 1992, September 30, 1992

and every September 30 after that.’’

c. At 10 CSR 40–8.070(2)(C)10.F(I),

(II), and (III), Missouri replaced the term

‘‘commission’’ with the term ‘‘regulatory

program.’’

d. Missouri proposed the following

new provisions at 10 CSR 40–

8.070(2)(F) and (G):

(F) The commission may terminate its

jurisdiction under the regulatory program

over the reclaimed site of a completed

surface coal mining and reclamation

operation, or portion thereof, when:

1. The commission or director determines

in writing that under the initial program, all

requirements imposed under 10 CSR 40–2,

10 CSR 40–3, 10 CSR 40–4 and 10 CSR 40–

8 have been successfully completed; or

2. The commission or director determines

in writing that all requirements imposed

under 10 CSR 40 chapters 3 through 8 have

been successfully completed, and,

3. The operator has properly applied for,

and obtained release of Phase III reclamation

liability in accordance with 10 CSR 40–

7.021(3) through (5).

(G) Following a termination of jurisdiction

under subsection (F) of this rule, the

commission shall reassert jurisdiction under

the regulatory program over a site if it is

demonstrated that the determination made

under subsection (F) of this rule, or the

release of Phase III reclamation liability

referred to under paragraph (F) of this rule

was based upon fraud, collusion, or

misrepresentation of a material fact.

G. 10 CSR 40–9.020 Abandoned Mine

Reclamation and Restoration;

Reclamation

1. Missouri proposes to revise the first

sentence of 10 CSR 40–9.020(1)(D)4 to

read as follows:

The commission finds in writing that the

site meets the eligibility requirements of this

section and the priority objectives stated in

subsections (4)(A) and (B) of this rule and

that the reclamation priority of the site is the

same or more urgent than the reclamation

priority for other lands and waters eligible

pursuant to this section.

2. Missouri proposes to add the

following new provision at 10 CSR 40–

9.020(1)(F):

If reclamation of a site covered by an

interim or permanent program permit is

carried out under the State reclamation

program, the permittee of the site shall

reimburse the abandoned mine land

reclamation fund for the cost of the

reclamation that is in excess of any bond

forfeited to ensure reclamation. In performing

reclamation under subsection (1)(D) of this

rule, the commission shall not be held liable

for any violations of any performance

standards or reclamation requirements

specified in Chapter 444 RSMo (1994) nor

shall a reclamation activity undertaken on

such lands or waters be held to any standards

set forth in Chapter 444 RSMo (1994).

III. Public Comment Procedures

Under the provisions of 30 CFR

732.17(h) and 884.15(a), we are seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15 and 884.14. If we approve the

amendment, it will become part of the

Missouri program.

Written Comments: If you submit

written or electronic comments on the

proposed rule during the 30-day

comment period, they should be

specific, should be confined to issues

pertinent to the notice, and should

explain the reason for your

recommendation(s). We may not be able

to consider or include in the

Administrative Record comments

delivered to an address other than the

one listed above (see ADDRESSES).

Electronic Comments: Please submit

Internet comments as an ASCII,

WordPerfect, or Word file avoiding the

use of special characters and any form

of encryption. Please also include ‘‘Attn:

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64913

SPATS NO. MO–033–FOR’’ and your

name and return address in your

Internet message. If you do not receive

a confirmation that we have received

your Internet message, contact the MidContinent Regional Coordinating Center

at (618) 463–6460.

Availability of Comments: Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours at OSM’s

Mid-Continent Regional Coordinating

Center (see ADDRESSES). Individual

respondents may request that we

withhold their home address from the

administrative record, which we will

honor to the extent allowable by law.

There also may be circumstances in

which we would withhold from the

administrative record a respondent’s

identity, as allowable by law. If you

wish us to withhold your name and/or

address, you must state this

prominently at the beginning of your

comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Public Hearing: If you wish to speak

at the public hearing, contact the person

listed under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., c.s.t. on

November 15, 2000. We will arrange the

location and time of the hearing with

those persons requesting the hearing. If

no one requests an opportunity to speak

at the public hearing, the hearing will

not be held.

To assist the transcriber and ensure an

accurate record, we request, if possible,

that each person who speaks at a public

hearing provide us with a written copy

of his or her testimony. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been heard. If you are in the

audience and have not been scheduled

to speak and wish to do so, you will be

allowed to speak after those who have

been scheduled. We will end the

hearing after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard. If you are disabled and need a

special accommodation to attend a

public hearing, contact the person listed

under FOR FURTHER INFORMATION

CONTACT.

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. If you wish

to meet with us to discuss the proposed

amendment, you may request a meeting

by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public

and, if possible, we will post notices of

meetings at the locations listed under

ADDRESSES. We will also make a written

summary of each meeting a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

under Executive Order 12866.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart Federal regulations.

Executive Order 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the Federal and State

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that State laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that State programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

under SMCRA. Section 405(d) of

SMCRA requires State abandoned mine

reclamation programs to be in

compliance with the procedures,

guidelines, and requirements of

SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 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. Decisions

on proposed abandoned mine land

reclamation plans and revisions

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Part 884 of the

Federal regulations.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed State regulatory program

provision does not constitute a major

Federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A). Agency

decisions on proposed State and Tribal

abandoned mine land reclamation plans

and revisions are also categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

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.).

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.

64914 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

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: October 24, 2000.

Malcolm Ahrens,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 00–27919 Filed 10–30–00; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–119–2–7472; FRL–6893–5]

Approval and Promulgation of

Implementation Plans; Texas; Electric

Generating Facilities; Cement Kilns;

and Major Stationary Sources of

Nitrogen Oxides for the Dallas/Fort

Worth Ozone Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed approval.

SUMMARY: The EPA is proposing

approval of rules into the Texas State

Implementation Plan (SIP). This

rulemaking covers three separate

actions.

First, we are proposing to approve

revisions to the Texas Nitrogen Oxides

( NOX) rules for electric generating

facilities in East and Central Texas.

These new limits for electric generating

facilities in East and Central Texas will

contribute to attainment of the 1-hour

ozone National Ambient Air Quality

Standard (NAAQS) in the Houston/

Galveston (H/GA), Dallas/Fort Worth

(D/FW), and Beaumont/Port Arthur (B/

PA) 1-hour ozone nonattainment areas.

They will also contribute to continued

maintenance of the standard in the

eastern half of Texas and will strengthen

the existing Texas SIP.

Second, we are proposing to approve

revisions to the Texas NOX rules for

cement kilns in East and Central Texas.

These rule revisions will contribute to

attainment of the 1-hour ozone standard

in the D/FW area, will contribute to

continued maintenance of the standard

in the eastern half of the State of Texas,

and will strengthen the existing Texas

SIP.

Third, we are proposing to approve

revisions to the Texas NOX rules for

major stationary sources in the D/FW 1-

hour ozone nonattainment area. These

new limits for stationary sources will

contribute to attainment of the 1-hour

ozone standard in the D/FW

nonattainment area.

The EPA is proposing approval of

these SIP revisions to regulate emissions

of NOX as meeting the requirements of

the Federal Clean Air Act (the Act).

DATES: Comments must be received on

or before November 30, 2000.

ADDRESSES: Your comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action including the Technical Support

Document, are available for public

inspection during normal business

hours at the above and following

locations. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

FOR FURTHER INFORMATION CONTACT: Mr.

Alan Shar, P.E., Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214)665–6691.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What are we proposing to approve?

2. What does the April 30, 2000, SIP revision

for electric generating facilities in East

and Central Texas say?

3. What does the April 30, 2000, SIP revision

for cement kilns in East and Central

Texas say?

4. What does the April 30, 2000, SIP revision

for major stationary sources in the D/FW

area say?

5. What are the existing NOX emissions

specifications in the Texas SIP?

6. What are NOX?

7. What is a nonattainment area?

8. What are definitions of major sources for

NOX?

9. What is a State Implementation Plan?

10. What is the Federal approval process for

a SIP?

11. What does Federal approval of a SIP

mean to me?

12. What areas in Texas will this action

affect?

Throughout this document ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ means EPA.

1. What Are We Proposing To Approve?

On April 30, 2000, the Governor of

Texas submitted rule revisions to the 30

TAC, Chapter 117, ‘‘Control of Air

Pollution From Nitrogen Compounds,’’

as a revision to the SIP for electric

generating facilities in East and Central

Texas. Texas submitted this revision to

us as a part of the attainment plans for

the D/FW, B/PA, and H/GA 1-hour

ozone nonattainment areas. The revision

also contributes to continued

maintenance of the standard in the

eastern half of the State of Texas, and it

is a strengthening of the existing Texas

SIP.

On April 30, 2000, the Governor of

Texas submitted rule revisions to the 30

TAC, Chapter 117, ‘‘Control of Air

Pollution From Nitrogen Compounds,’’

as a revision to the SIP for cement kilns

in East and Central Texas. Texas

submitted this revision to us as a part

of the NOX reductions needed for the

continued maintenance of the 1-hour

ozone standard in the eastern half of the

State and for the D/FW area to attain the

1-hour ozone standard, and as a

strengthening of the existing Texas SIP.

On April 30, 2000, the Governor of

Texas submitted rule revisions to the 30

TAC, Chapter 117, ‘‘Control of Air

Pollution From Nitrogen Compounds,’’

as a revision to the SIP for major

stationary sources operating in the D/

FW 1-hour ozone nonattainment area.

Texas submitted this revision to us as a

part of the NOX reductions needed for

the D/FW area to attain the 1-hour

ozone standard.

We are proposing three separate

actions:

(1) We are specifically proposing to

approve new sections 117.131