[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Proposed Rules]
[Pages 64906-64914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27919]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#660c05090a030b0708260b051401114809150b140348010910"><span class="__cf_email__" data-cfemail="1f757c70737a727e715f727c6d786831706c726d7a31787069">[email protected]</span></a>.

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.

[[Page 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

[[Page 64908]]

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

[[Page 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,

[[Page 64910]]

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

[[Page 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

[[Page 64912]]

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:

[[Page 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 Mid-Continent 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.

[[Page 64914]]

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


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