19874 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 / Proposed Rules

SUPPLEMENTARY INFORMATION: On

September 26, 1997, (62 FR 50541),

MSHA published a notice in the Federal

Register requesting comments on a draft

policy letter (PPL) relating to the

approval guidelines for storage plans for

Self-Contained Self-Rescue (SCSR)

Devices in underground coal mines.

MSHA published the notice to

voluntarily afford an opportunity for

interested persons to comment on the

PPL before its anticipated issuance and

effective date.

The comment period was scheduled

to close on February 23, 1998; but was

extended until April 13, 1998 (63 FR

6886). In response to requests from the

mining community for additional time

to prepare their comments, MSHA is

extending the comment period until

May 29, 1998. The Agency believes that this

extension will provide sufficient time

for all interested parties to review and

comment on the draft policy. All

interested parties are encouraged to

submit their comments on or prior to

May 29, 1998.

Dated: April 16, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 98–10689 Filed 4–21–98; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

[SPATS No. MO–034—FOR]

Missouri Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Missouri

Abandoned Mine Land Reclamation

Plan (hereinafter referred to as the

‘‘Missouri plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), 30 U.S.C. 1201 et seq.,

as amended. The proposed amendment

pertains to a formal request by the

Missouri Department of Natural

Resources, Land Reclamation

Commission, Land Reclamation

Program (LRP) to assume responsibility

of the abandoned mine land reclamation

(AMLR) emergency program in

Missouri. The proposed amendment is

intended to provide information to

verify that Missouri has the authority

under its existing plan to conduct the

AMLR emergency program on behalf of

OSM.

This notice sets forth the times and

locations that the Missouri plan and the

proposed amendment to that plan will

be available for public inspection, the

comment period during which

interested persons may submit written

comments on the proposed amendment,

and the procedures that will be followed

regarding the public hearing, if one is

requested.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., May 22,

1998. If requested, a public hearing on

the proposed amendment will be held

on May 18, 1998. Requests to speak at

the hearing must be received by 4:00

p.m., c.d.t., May 7, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Russell

W. Frum, Mid-Continent Regional

Coordinating Center, at the address

listed below.

Copies of the Missouri plan, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s MidContinent Regional Coordinating Center.

Russell W. Frum, Mid-Continent

Regional Coordinating Center, Office of

Surface Mining Reclamation and

Enforcement, Alton Federal Building,

501 Belle Street, Alton, Illinois 62002,

Telephone: (618) 463–6460.

Missouri Department of Natural

Resources, Land Reclamation Program,

205 Jefferson Street, P.O. Box 176,

Jefferson City, Missouri 65102,

Telephone: (573) 751–4041.

FOR FURTHER INFORMATION CONTACT:

Russell W. Frum, Mid-Continent

Regional Coordinating Center,

Telephone: (618) 463–6460.

I. Background on the Missouri Plan

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.

II. Description of the Proposed

Amendment

Section 410 of SMCRA authorizes the

Secretary to use funds under the AMLR

program to abate or control emergency

situations in which adverse effects of

past coal mining pose an immediate

danger to the public health, safety, or

general welfare. On September 29, 1982

(47 FR 42729), OSM invited States to

amend their AMLR plans for the

purpose of undertaking emergency

reclamation programs on behalf of OSM.

States would have to demonstrate that

they have the statutory authority to

undertake emergencies, the technical

capability to design and supervise the

emergency work, and the administrative

mechanisms to quickly respond to

emergencies either directly or through

contractors.

By letter dated March 31, 1998,

(Administrative Record No. AML–MO–

103), Missouri submitted a proposed

amendment to its plan pursuant to

SMCRA. Missouri submitted the

proposed amendment at its own

initiative. This amendment is intended

to demonstrate Missouri’s capability to

effectively undertake the AMLR

emergency program on behalf of OSM.

The proposed amendment would allow

Missouri to assume the administration

of the AMLR emergency program in

Missouri on behalf of OSM. In its formal

submittal, Missouri stated that a review

of the Missouri plan indicates that the

authority already exists for the LRP to

assume responsibility for the AML

emergency program. Missouri noted that

the designation by the governor and

legal opinion of the state attorney

general that is included in its plan are

applicable to all AML activities,

including the emergency program, and

that all other existing policies and

procedures in its plan are adequate to

cover the emergency program, with two

minor exceptions. These exceptions are

being addressed in Missouri’s proposed

amendment.

A. The following information, taken

from the approved Missouri plan, is

included by reference in Missouri’s

formal submission to OSM to verify that

the authority already exists for the LRP

to assume AMLR emergency program

responsibilities:

1. A letter from the Governor that

designates the Missouri Department of

Natural Resources, Land Reclamation

Commission as the agency responsible

for the Abandoned Mine Land

Reclamation Program in Missouri.

2. A legal opinion from the Attorney

General that the Missouri Department of

Natural Resources, Land Reclamation

Commission has the power to
Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 / Proposed Rules 19875

administer the Abandoned Mine Land

Reclamation Program in Missouri.

3. A copy of the Missouri Land

Reclamation Act (Revised Statutes of

Missouri (RSMo) sections 444.810, .825,

.915, .920, .930, and .940). RSMo section

444.915(5) authorizes the LRP to spend

monies from the State Abandoned Mine

Reclamation Fund for restoration,

reclamation, abatement, control or

prevention of adverse effects of coal

mining practices which constitutes an

emergency.

4. A copy of the Missouri Abandoned

Mine Land Reclamation Program

regulations (Code of State Regulations,

10 CSR 40–9.010, .020, .030, .040, .050,

and .060). Missouri’s regulations at 10

CSR 40–9.030(4) provides the right to

enter upon any land where an

amergency exists and on any other land

to have access to the land where the

emergency exists to restore, reclaim,

abate, control or prevent the adverse

effects of coal mining practices and to

do all things necessary or expedited to

protect the public health, safety or

general welfare. Procedures are

provided for this entry.

B. Missouri submitted the following

statement to demonstrate the LRP’s

technical capability to design and

supervise the emergency work:

Over the past four years, Missouri has

successfully completed several high priority

shaft closure and four subsidence

reclamation projects. Although these were

non-emergency projects, they were

completed in a timely manner and the scope

of work was similar to Missouri’s past AML

emergency projects. With six Land

Reclamation Specialists and a registered

professional engineer on the AML Section

staff, the LRP has the technical capability to

respond rapidly to AML emergency

situations. Project designs and contract

documents can be prepared in-house,

avoiding the usual time delays associated

with procuring and coordinating consulting

engineering services agreements. The AML

Section can also provide in-house resident

inspection services, since emergency

reclamation projects are typically of short

duration.

C. Missouri proposes to update the

following policy and procedure sections

of its plan to reflect that Missouri has

the administrative mechanisms to

quickly respond to emergencies either

directly or through contractors:

1. Section 884.13(c)(6), Rights of Entry

Missouri proposed to remove the

following language from this section to

reflect that it will now administer the

emergency program:

Under most circumstances, emergency

entries will be made upon request from the

Office of Surface Mining. This agency will

perform as its agent provided that the Land

Reclamation Commission is agreeable to such

entry and has determined that an emergency

does exist.

2. Section 884.13(d)(3), Purchasing and

Procurement

Missouri proposed to revise this

section to show the current procurement

thresholds for services, supplies and

products contracts. The procurement

threshold requiring the use of formal

sealed bids is being raised from $10,000

to $25,000. The procurement threshold

requiring compliance with State small

purchase procedures is being raised

from $10,000 to $25,000. The negotiated

procurement threshold is being lowered

from $10,000 to $3,000. Procurements in

excess of $25,000 are to be recorded

with the specified justification

information. Missouri’s existing policy

requires special justification if

procurements are in excess of $10,000.

D. After assuming the emergency

program, Missouri would conduct

investigations of potential emergency

sites, and following OSM concurrence

that emergency situations exist, perform

remedial reclamation. Missouri stated in

its proposal that it would follow

procedures that are in compliance with

Chapter 4–30, ‘‘Characteristics of

Grantee-Administered Emergency

Reclamation Activities’’ of the Federal

Assistance Manual in administering the

AMLR emergency program.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15(a), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

884.14. If the amendment is deemed

adequate, it will become part of the

Missouri plan.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Mid-Continent Regional

Coordinating Center will not necessarily

be considered in the final rulemaking or

included in the Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., c.d.t. on May 7,

1998. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to speak at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions. Any disabled

individual who has need for a special

accommodation to attend a public

hearing should contact the individual

listed under FOR FURTHER INFORMATION

CONTACT.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak will be heard

following those who have been

scheduled. The hearing will end after all

persons scheduled to speak and persons

present in the audience who wish to

speak have been heard.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12866 (Regulatory Planning and

Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based
19876 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 / Proposed Rules

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

abandoned mine land reclamation plans

and revisions thereof are 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 OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The submittal which

is the subject of this rule is based upon

corresponding Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 925

Abandoned mine land reclamation,

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 14, 1998.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 98–10580 Filed 4–21–98; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 042–1042(b); FRL–5979–5]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

revisions pertaining to the consolidation

of Missouri local agency ordinances and

codes currently contained in the

Federally approved State

Implementation Plan (SIP). These

revisions were submitted to the EPA on

March 20, 1997, to simply compliance

for certain sources in order to maintain

air quality in Missouri.

In the final rules section of the

Federal Register, the EPA is approving

the plan as a direct final rule without

prior proposal because the Agency

views this as a noncontroversial

revision and anticipates no relevant

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no relevant adverse

comments are received in response to

this proposed rule, no further activity is

contemplated in relation to this rule. If

the EPA receives relevant adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this document should

do so at this time.

DATES: Comments on this proposed rule

must be received in writing on or before

May 22, 1998.

ADDRESSES: Comments may be mailed to

Joshua A. Tapp, Environmental

Protection Agency, Air Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT:

Joshua A. Tapp at (913) 551–7606.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule which is located in the final rules

section of the Federal Register.

Authority: 42 U.S.C. 7401 et seq.

Dated: February 25, 1998.

William Rice,

Acting Regional Administrator, Region VII.

[FR Doc. 98–10509 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VT–006–01–1219b; A–1–FRL–5997–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Vermont; VOC Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

State Implementation Plan (SIP)

revisions submitted by the State of

Vermont on February 4, 1993, August 9,

1993, and August 10, 1994. These SIP

revisions establish requirements for

certain categories of sources which emit

volatile organic compounds. In the Final

Rules Section of this Federal Register,

EPA is approving the State’s SIP

revisions as a direct final rule without

prior proposal because the Agency

views these revisions as

noncontroversial amendments and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

relevant adverse comments are received

in response to this document, no further

activity is contemplated in relation to

this proposed rule. If EPA receives

relevant adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before May 22, 1998.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA and Air Pollution

Control Division, Agency of Natural

Resources, Building 3 South, 103 South

Main Street, Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT:

Anne E. Arnold, (617) 565–3166.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct