[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23593-23605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11635]



[[Page 23593]]

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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: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving, with certain exceptions and additional requirements, an 
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 
proposed revisions to its rules pertaining to surface mining 
performance standards, 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.

EFFECTIVE DATE: May 9, 2001.

FOR FURTHER INFORMATION CONTACT: John W. Coleman, Office of Surface 
Mining, Mid-Continent Regional Coordinating Center, Alton Federal 
Building, 501 Belle Street, Alton, Illinois 62002. Telephone: (618) 
463-6460. Internet: <a href="/cdn-cgi/l/email-protection#f79d94989b929a9699b798849a8592d9909881"><span class="__cf_email__" data-cfemail="2e444d41424b434f406e415d435c4b00494158">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background on the Missouri Program and Plan
II. Submission of the Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Missouri Program and 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.

II. Submission of the 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 codified at 30 CFR 925.16. The amendment also includes 
changes made at Missouri's own initiative. Missouri proposed to amend 
the Missouri Code of State Regulations (CSR) at Title 10, Division 40.
    We announced receipt of the amendment in the October 31, 2000, 
Federal Register (65 FR 64906). In the same document, we opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the adequacy of the amendment. The public comment period 
closed on November 30, 2000. Because no one requested a public hearing 
or meeting, we did not hold one.
    During our review of the amendment, we identified concerns relating 
to spillways, temporary impoundments, air resource protection, and the 
exemption for coal extraction incidental to the extraction of other 
minerals. We notified Missouri of these concerns by letter dated 
December 15, 2000 (Administrative Record No. MO-662.5).
    By letter dated January 12, 2001 (Administrative Record No. MO-
662.6), during a telephone conference on February 13, 2001 
(Administrative Record No. MO-662.7), and by letter dated April 17, 
2001 (Administrative Record No. MO-662.8), Missouri provided us 
additional explanatory information regarding its provisions for 
spillways. Because the additional information merely clarified 
Missouri's proposed spillway requirements, we did not reopen the public 
comment period. In its letters, Missouri indicated that it would submit 
revisions to its rules relating to temporary impoundments, air resource 
protection, and the exemption for coal extraction incidental to the 
extraction of other minerals in a future rulemaking. Therefore, we are 
proceeding with the publication of this final rule Federal Register 
document.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 
732.15, 732.17, 884.14, and 884.15, are the Director's findings 
concerning the amendment to the Missouri program and plan.
    Any revisions that we do not discuss below are about minor wording 
changes, or revised cross-references and paragraph notations to reflect 
organizational changes resulting from this amendment.

A. Revisions to Missouri's Rules That Are Minor

    Missouri proposed minor wording, editorial, and rule reference 
changes to several previously-approved rules.
    1. Missouri corrected rule references at 10 CSR 40-3.040(4)(A)1, 
40-3.040(13)(A)1.A, 40-3.040(13)(B)1, 40-3080(3)(D), 40-
3.200(12)(A)1.A, 40-3.200(12)(B)1, 40-4.010(3)(J), 40-4.020(2)(B), 40-
4.050(11), 40-4.050(12), 40-6.020(7)(A), 40-6.050(9)(C)3, 40-
6.050(9)(C)4, 40-6.070(8)(C), 40-6.070(8)(D)3, 40-6.090(6)(A), 40-
6.090(7), 40-8.010(1)(A)97.B, 40-8.030(6)(A)3, 40-8.030(12)(C), and 40-
8.070(2)(C)1.A(II).
    2. At 10 CSR 40-4.030(3)(A), (6)(A), and (7)(B)2 and 7; 40-
6.040(16)(C)1 and 3; and 40-6.060(4), Missouri corrected references to 
the United States Natural Resources Conservation Service (NRCS) by 
replacing the ``United States Soil Conservation Service'' and ``SCS'' 
with the current agency name and acronym, the ``United States Natural 
Resources Conservation Service'' and ``NRCS,'' respectively. At 10 CSR 
40-8.010(1)(A) 52.C, Missouri revised the secondary definition of 
``prime farmland'' in its definition of ``land use'' by adding the 
information ``(now known as the Natural Resources Conservation 
Service)'' after the term ``Soil Conservation Service.''
    3. Missouri corrected typographical errors at 10 CSR 40-
3.080(8)(A), 40-6.070(5) (B)4, and 40-6.070(10)(D).
    4. At 10 CSR 40-3.050, 40-4.010, 40-4.030, 40-6.020, and 40-8.050, 
Missouri revised the purpose statements to identify the topic and 
statutory authority of the rules.

[[Page 23594]]

    Because the above revisions are minor and do not change the meaning 
of these previously approved rules, we find that they will not make 
Missouri's rules less effective than the counterpart Federal 
regulations.

B. Revisions to Missouri's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

    The State rules listed in the table contain language that is the 
same as or similar to the corresponding sections of the Federal 
regulations. Differences between the State rules and the Federal 
regulations are minor.

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            Topic                  State rule        Federal regulation
------------------------------------------------------------------------
Impoundments: Examination...  10 CSR 40-            30 CFR 816.49(a)(12)/
                               3.040(6)(T)/40-       817.49(a)(12).
                               3.200(6)(T).
Impoundments: Stability.....  10 CSR 40-            30 CFR
                               040(10)(L)1/40-       816.49(a)(4)(i)
                               3.200(10)(L)1.        817.49(a)(4)(i).
Inpoundments: Freeboard.....  10 CSR 40-            30 CFR 816.49(a)(5)/
                               3.04(10)(M)/40-       817.49(a)(5).
                               3.200(10)(N).
Impoundments: Foundation....  10 CSR 40-            30 CFR 816.49(a)(6)/
                               3.040(10)(N)/40-      817.49(a)(6).
                               3.200(10(N).
Impoundments: Spillways.....  10 CSR 40-            30 CFR 816.49(a)(9),
                               3.040(10)(O), (O)1,   (9)(i), (9)(ii)(A)/
                               (O)2.A/40-3.200.      817.49(A)(9),
                                                     (9)(i), (9)(ii)(A).
Temporary Impoundments......  10 CSR 40-            30 CFR 816.49(c)(2),
                               3.040(10)(O)3, 3.A/   (2)(i)/
                               40-3.200(10)(O)3,     817.49(c)(2),
                               3.A.                  (2)(i).
Blasting Schedule Contents..  10 CSR 40-            30 CFR 816.64(c)(1).
                               3.050(3)(C)1.
Disposal of Coal Processing   10 CSR 40-            30 CFR 816.81(a).
 Waste.                        3.080(1)(A).
Backfilling and Grading:      10 CSR 40-            30 CFR 816.104(a),
 Thin Overburden.              3.110(4)(A), (A)(1)   (a)(1) and (2).
                               and (2).
Backfilling and Grading:      10 CSR 40-            30 CFR 816.105(a),
 Thick Overburden.             3.110(5)(A), (A)(1)   (a)(1) and (2).
                               and 2.
Operations on Prime           10 CSR 40-            30 CFR 823.11(a) and
 Farmland: Applicability.      4.030(4)(B).          (b).
Prohibitions and Limitations  10 CSR 40-            30 CFR 761.5.
 on Mining in Certain Areas:   5.010(1)(B).
 Definition of Significant
 Recreational, Timber,
 Economic or Other Values
 Incompatible With Surface
 Coal Mining Operations.
Prohibitions and Limitations  10 CSR 40-            30 CFR 761.11(e)(1).
 on Mining in Certain Areas:   5.010(2)(E).
 Areas Where Mining is
 Prohibited or Limited.
Coal Exploration Permits:     10 CSR 40-6.020(5)..  30 CFR 772.14(a) and
 Commercial Use or Sale.                             (b).
Geology Description.........  10 CSR 40-            30 CFR
                               6.040(5)(B) 1.E.      780.22(b)(2)(iii).
Probable Hydrologic           10 CSR 40-            30 CFR 780.21(f)(4).
 Consequences Determination.   6.050(9)(D)3.
Cumulative Hydrologic Impact  10 CSR 40-            30 CFR 780.21(g)/
 Assessment.                   6.050(9)(E)/40-       784.14(f).
                               6.120(5)(E).
Reclamation Plan: Ponds,      10 CSR 40-            30 CFR 780.25(a),
 Impoundments, Banks, Dams,    6.050(11)(A), (A)2,   (a)(2), (a)(3),
 and Embankments.              (A)3, (B), (C), (F)/  (b), (c), (f)/
                               40-6.120(7)(A),       784.16(a), (a)(2),
                               (A)2, (A)3, (B)1,     (a)(3), (b), (c),
                               (C), (F)..            (f).
Prime Farmlamds: Issuance of  10 CSR 40-            30 CFR 785.17(e)(5).
 Permit.                       6.060(4)(E)5.
Self-Bonding................  10 CSR 40-            30 CFR
                               7.011(6)(D)2 C(II),   800.23(b)(3)(ii),
                               (D)5.A and C.         (e)(1) and (4).
Bond Release Application:     10 CSR 40-            30 CFR 800.40(a)(3).
 Notarized Statement of        7.021(3)(D).
 Accomplished Reclamation.
Definition of Approximate     10 CSR 40-            30 CFR 701.5.
 Original Contour.             8.010(1)(A)9.
Definition of Other           10 CSR 40-            30 CFR 701.5.
 Treatment Facilities.         8.010(1)(A)59.
Definition of Prime Farmland  10 CSR 40-            30 CFR 701.5.
                               8.010(1)(A)73.
Definition of Regulatory      10 CSR 40-            30 CFR 700.5.
 Authority.                    8.10(1)(A)82.
Small Operator's Assistance:  10 CSR 40-8.050(1)..  30 CFR 795.3.
 Definition of Qualified
 Laboratory.
Small Operator Assistance:    10 CSR 40-            30 CFR 795.6(a)(2),
 Eligibility for Assistance.   8.050(2)(B), (B)1     (a)(2)(i) and (ii).
                               and 2.
Small Operator Assistance:    10 CSR 40-            30 CFR 795.9(a),
 Program Services and Data     8.050(5)(A), (B)1     (b)(1) through (6).
 Requirements.                 through 6.
Small Operator Assistance:    10 CSR 40-            30 CFR 795.12(a),
 Applicant Liability.          8.050(9)(A) (A)2      (a)(2) and (3).
                               and 3.
Termination of Jurisdiction.  10 CSR 40-            30 CFR 700.11(d)(1)
                               8.070(2)(F) and (G).  and (2).
------------------------------------------------------------------------

    Because the above State rules have the same meaning as the 
corresponding Federal regulations, we find that they are no less 
effective than the Federal regulations.

C. 10 CSR 40-3  Performance Requirements for Surface and Underground 
Mining Operations

    1. 10 CSR 40-3.010(6) Buffer Zone Markers. Missouri added a 
reference to 10 CSR 40-8.010(1)(A)13 in its rule for buffer zone 
markers. Missouri's rule at 10 CSR 40-8.010(1)(A)13 defines the term 
``buffer zone.'' Although the Federal regulation at 30 CFR 816.11(e) 
for buffer zone markers does not contain a counterpart reference, we 
find that Missouri's reference to its approved definition of ``buffer 
zone'' will not make its rule at 10 CSR 40-3.010(6) less effective than 
the Federal regulation.
    2. 10 CSR 40-3.020 Requirements for Casing and Sealing of Drilled 
Holes. In its rules at 10 CSR 40-3.020(1) and (3), Missouri corrected a 
citation reference by changing 10 CSR 40.3.040(13) to 10 CSR 40-
3.040(14). Missouri also added a reference to the rules of the Wellhead 
Protection Section, Division of Geology and Land Survey, at 10 CSR 23, 
Chapter 6. Coal mine operators in Missouri must meet both the 
requirements of 10 CSR 40-3.040(14) and the Division of Geology and 
Land Survey's rules at 10 CSR 23, Chapter 6, in order to convert a 
drilled hole, borehole, or monitoring well into a water well. 
Missouri's rule at 10 CSR 40-3.040(14) contains provisions for 
transferring exploratory or monitoring wells for use as water wells. We 
find that changing the existing citation reference to 10 CSR 40-
3.040(14) is appropriate because it is consistent with the reference to 
30 CFR 816.41 in the counterpart Federal regulations at 30 CFR 816.13 
and 816.15. The Federal regulation at 30

[[Page 23595]]

CFR 816.41 allows wells to be transferred to another party for further 
use if approved by the regulatory authority and if the transfer 
complies with State and local law. Therefore, we find that requiring 
coal mine operators to meet other State regulations relating to water 
wells, as well as the State counterpart to 30 CFR 816.41, will not make 
Missouri's rules at 10 CSR 40-3.010(1) and (3) less effective than the 
counterpart Federal regulations at 30 CFR 816.13 and 816.15.
    3. 10 CSR 40-3.040 and 10 CSR 40-3.200 Requirements for Protection 
of the Hydrologic Balance. Missouri proposed 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 replaced all instances of the term ``sedimentation 
ponds'' with the term ``siltation structures'' in its rules at 10 CSR 
40-3.040(2)(A), 40-3.040(6), 40-3.040(8), 40-3.040(17), 40-3.200(2)(A), 
40-3.200(6), 40-3.200(8), and 40-3.200(16). On October 20, 1994, OSM 
replaced the term ``sedimentation ponds'' with the term ``siltation 
structures'' in many of its counterpart regulations (59 FR 53022). OSM 
did this because the term ``siltation structures'' provides a broader 
classification of structures for the control of sediment than the term 
``sedimentation ponds.'' For this reason and because sedimentation 
ponds are included in the Missouri and the Federal definitions of 
``siltation structure'' at 10 CSR 40-8.010(1)(A)89 and 30 CFR 701.5, 
respectively, we find that Missouri's changes will not make its rules 
less effective than the counterpart Federal regulations.
    b. 10 CSR 40-3.040(4) and 10 CSR 3.200(4) Stream Channel 
Diversions. On September 29, 1992, we required Missouri to amend its 
rules at 10 CSR 3.040(4) and 40-3.200(4) to require the certification 
of any design criteria set by the regulatory authority as required at 
30 CFR 816.43(b)(4) and 817.43(b)(4). We codified this requirement at 
30 CFR 925.16(f)(1). In response to this requirement, Missouri added 
the language ``and any design criteria set by the director'' at the end 
of 10 CSR 40-3.040(4)(B)3 and 40-3.200 (4)(B)3. The revised rules 
require the design and construction of all stream channel diversions of 
perennial and intermittent streams to be certified by a qualified 
registered professional engineer as meeting the performance standards 
of the rules and any design criteria set by the director. We find that 
Missouri's revised rules at 10 CSR 40-3.040(4)(B)3 and 40-3.200(4)(B)3 
are substantively identical to the counterpart Federal regulations at 
30 CFR 816.43(b)(4) and 817.43(b)(4), respectively. The revisions also 
satisfy the required amendment that was codified at 30 CFR 
925.16(f)(1), which we are removing.
    c. At 10 CSR 40-3.040(10)(A) and 40-3.200(10)(A), Missouri added 
the following new provision:

    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.

    We find that Missouri's new provision contains requirements that 
are substantively the same as the counterpart Federal regulation 
requirements at 30 CFR 816.49(a)(1) and 817.49(a)(1). Therefore, we are 
approving Missouri's revised rules at 10 CSR 40-3.040 (10)(A) and 40-
3.200(10)(A).
    d. At 10 CSR 40-3.040(10)(B)5 and 40-3.200(10)(B)5, Missouri 
updated its reference to the requirements for impoundments that do not 
meet the size or other criteria contained in 30 CFR 77.216(a) by 
changing the ``United States Soil Conservation Service Practice 
Standards 378, Ponds, January 1991'' to the ``United States Natural 
Resources Conservation Service, Conservation Practice Standard, POND, 
CODE, No. 378, December 1998.'' We are approving this reference change 
because the December 1998 version of Practice Standard No. 378 is the 
current version issued by the Natural Resources Conservation Service 
for the State of Missouri.
    e. Missouri added a new subsection at 10 CSR 40-3.040(10)(L) and 
40-3.200(10)(L) entitled ``Stability.'' As shown above in finding B, 
paragraphs (10)(L)1 are substantively the same as the counterpart 
Federal regulations. Paragraphs (10)(L)2 require an impoundment not 
meeting the Class B or C criteria for dams in TR-60 or the size or 
other criteria of 30 CFR 77.216(a), 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, ``Ponds,'' December 1998, and be 
less than 20 feet in height.
    Missouri's rules provide for two alternatives to determine the 
stability of an embankment for impoundments that do not meet the Class 
B or C criteria for dams in TR-60 or the size or other criteria of 30 
CFR 77.216(a). The first alternative requires that the slope stability 
of the earth embankment meet the same 1.3 minimum static safety factor 
requirements for steady state seepage as found in 30 CFR 
816.49(a)(4)(ii) and 817.49(a)(4)(ii). The second alternative refers to 
the NRCS Practice Standard No. 378 design standards developed for 
Missouri in December 1998. On November 17, 2000, we conducted a 
technical review of these standards (Administrative Record No. MO-
662.4). The NRCS Practice Standard No. 378 requires that slopes be 
2.5H:1V or flatter with combined slopes being 6H:1V or flatter for an 
embankment. This is a conservative standard when compared to other 
approved design standards, usually 5H:1V. It further requires that the 
slopes be stable, even if flatter slopes are required. The slope 
stability evaluation must be based on soil mechanics analysis or past 
experience in the surrounding area. The Federal regulations at 30 CFR 
816.49(a)(4)(ii) and 817.49(a)(4)(ii) allow a regulatory authority to 
establish engineering design standards comparable to the 1.3 static 
safety factor for impoundments not meeting the Class B or C criteria 
for dams in TR-60 or the size or other criteria of 30 CFR 77.216(a). 
Our technical review of Conservation Practice Standard No. 378 found 
that its design standards are comparable to the 1.3 static safety 
factor required for these types of impoundments. Therefore, we find the 
proposed rules at 10 CSR 40-3.040(10)(L)2 and 40-3.200(10)(L)2 are no 
less effective than the counterpart Federal regulations at 30 CFR 
816.49(a)(4)(ii) and 817.49(a)(4)(ii), respectively.
    f. Missouri added a new subsection at 10 CSR 40-3.040(10)(O) and 10 
CSR 40-3.200(10)(O) entitled ``Spillways.''
    (1) Missouri rules at 10 CSR 40-3.040(10)(O)2 and 40-3.200(10)(O)2 
provide the spillway requirements for permanent and temporary 
impoundments. They specify the design precipitation events that the 
various types of impoundments must be designed and constructed to 
safely pass or contain. With the following differences, Missouri's 
rules at 10 CSR 40-3.040(10)(O)2 and 40-3.200(10)(O)2 are substantively 
the same as the counterpart Federal regulations at 30 CFR 816.49(a)(9) 
and 817.49(a)(9) for permanent and temporary impoundments with 
spillways.
    (a) Missouri's rules at 10 CSR 40-3.040(10)(O)2.B and 40-
3.200(10)(O)2.B contain the spillway design precipitation event 
requirements for permanent and temporary impoundments meeting or 
exceeding the size or other criteria of 30 CFR 77.216(a). Missouri's 
rules provide that

[[Page 23596]]

the required design precipitation event for this type of impoundment is 
a 100-year, 24-hour event or greater as specified by the director or 
commission.
    The Federal regulations at 30 CFR 816.49(a)(9)(ii) and 
817.49(a)(9)(ii) specify a 100-year, 6-hour or greater design 
precipitation event for this type of impoundment. We conducted a 
technical review and found that overall the two are generally accepted 
as comparable events (Administrative Record No. MO-662.4). The 100-
year, 24-hour precipitation event will have a higher peak discharge 
than the 100-year, 6-hour precipitation event. This means that in 
Missouri, the spillways for this type of impoundment will be designed 
and constructed to safely pass the design precipitation event required 
by the Federal regulations. Therefore, we find Missouri's rules at 10 
CSR 40-3.040(10)(O)2.B and 40-3.200(10)(O)2.B are no less effective 
than the counterpart Federal regulations at 30 CFR 816.49(a)(9)(ii) and 
817.49(a)(9)(ii), respectively.
    (b) Missouri's rules at 10 CSR 40-3.040(10)(O)2.C and 40-
3.200(10)(O)2.C contain the spillway design precipitation event 
requirements for impoundments not meeting the Class B or C criteria for 
dams in TR-60 or the size or other criteria of 30 CFR 77.216(a). 
Missouri's rules provide that the required design precipitation event 
for this type of impoundment is as specified in Table 3 of the United 
States Natural Resources Conservation Service, Conservation Practice 
Standard 378, ``Ponds,'' December 1998.
    We conducted a technical review and found that Table 3 in 
Conservation Practice Standard 378 contains design criteria for 
principal and auxiliary spillways for small impoundments 
(Administrative Record No. MO-662.4). Table 3 includes requirements for 
sizing principal and auxiliary spillways for 10-year, 24-hour; 25-year, 
24-hour; and 50-year, 24-hour design storm events. The requirements for 
impoundments with watersheds of 20 acres or less includes spillways 
designed for either a 10-year, 24-hour or 25-year, 24-hour design 
precipitation event. The Federal regulation standard at 30 CFR 
816.49(a)(9)(ii)(C) and 817.49 (a)(9)(ii)(C) for small impoundments is 
a 25-year, 6-hour or greater precipitation event. The peak flow 
resulting from a 10-year, 24-hour event will be slightly lower than the 
peak flow resulting from the 25-year, 6-hour event. A spillway for this 
type of impoundment must be designed to at least discharge the peak 
flow produced by the minimum design precipitation event specified in 
the Federal regulations. This issue was discussed with Missouri during 
the February 13, 2001, telephone conference (Administrative Record No. 
MO-662.7). Missouri explained that its policy is to require operators 
to construct spillways for small impoundments that will meet a 25-year, 
24-hour or greater precipitation event design standard. Missouri stated 
in its letter of April 17, 2001, that its rule at 10 CSR 40-3.040(6)(I) 
requires a minimum 25-year, 24-hour design event. Missouri indicated 
that it will add a provision to its rules at 10 CSR 40-3.040(10)(0) and 
40-3.200(10)(0) that will require a minimum 25-year, 24-hour design 
storm event for any emergency or auxiliary spillway. Missouri further 
stated that until the future rule change becomes effective, it will not 
approve any temporary or permanent impoundments with an emergency 
spillway design event less that the 25-year, 24-hour event. Missouri's 
rule at 10 CSR 40-3.040(6)(I) for sedimentation ponds requires that an 
appropriate combination of principal and emergency spillways be 
provided to safely discharge the runoff from a 25-year, 24-hour 
precipitation event or larger event required in the permit and plan. 
Our technical review found that a 25-year, 24-hour precipitation event 
will have a higher peak discharge than a 25-year, 6-hour precipitation 
event. This means that in Missouri, the spillways for small 
impoundments that control sediment will be designed and constructed to 
safely pass the minimum design precipitation event required by the 
Federal regulations at 30 CFR 816.49(a)(9)(ii)(2)(C) and 817.49(a)(9) 
(ii)(2)(C). We are approving Missouri's rules at 10 CSR 40-
3.040(10)(O)2.C and 40-3.200(10)(O)2.C in combination with its policy 
letter dated April 17, 2001, and its rule at 10 CSR 40-40-3.040(6)(I) 
that requires operators to design and construct spillways for 
impoundments that will safely pass a 25-year, 24-hour or greater 
precipitation event.
    (2) Missouri's rules at 10 CSR 40-3.040(10)(O)3 and 40-
3.200(10)(O)3 provide the requirements for temporary impoundments that 
rely solely on storage capacity to control runoff from a design 
precipitation event. They specify the design precipitation events that 
the impoundments must be designed and constructed to contain. With the 
following differences, Missouri's rules at 10 CSR 40-3.040(10)(O)3 and 
40-3.200(10)(O)3 are substantively the same as the counterpart Federal 
regulations at 30 CFR 816.49(c) and 817.49(c) for temporary 
impoundments that rely primarily on storage to control the runoff from 
a design precipitation event.
    (a) Missouri's rules at 10 CSR 40-3.040(10)(O)3.B and 40-
3.200(10)(O)3.B contain the design precipitation event requirements for 
temporary impoundments, with no spillways, that do not meet the Class B 
or C criteria for dams in TR-60 or the size or other criteria of 30 CFR 
77.216(a). These impoundments rely primarily on storage to control the 
runoff from a design precipitation event. Missouri's rules specify that 
this type of temporary impoundment shall be designed to control the 
precipitation of a 100-year, 24-hour event.
    The Federal regulations at 30 CFR 816.49(c)(2)(ii) and 
817.49(c)(2)(ii) specify a 100-year, 6-hour or greater event for this 
type of temporary impoundment. As discussed above under finding 
3(f)(1)(a), we determined that 100-year, 6-hour and 100-year, 24-hour 
events are generally accepted as comparable design precipitation 
events. However, the total runoff from the 100-year, 24-hour 
precipitation event will be larger than from a 100-year, 6-hour event 
with a similar return period. This means that in Missouri, temporary 
impoundments without spillways that do not meet the Class B or C 
criteria for dams in TR-60 or the size or other criteria of 30 CFR 
77.216(a) will be designed and constructed to safely control the runoff 
from the minimum design precipitation event required by the Federal 
regulations. Therefore, we find that Missouri's rules at 10 CSR 40-
3.040(10)(O)3.B and 40-3.200(10)(O)3.B are no less effective than the 
counterpart Federal regulations at 30 CFR 816.49(c)(2)(ii) and 
817.49(c)(2)(ii).
    (b) Missouri's rules at 10 CSR 40-3.040(10)(O)3.C and 40-
3.200(10)(O)3.C provide spillway design, precipitation event 
requirements for permanent and temporary impoundments. These paragraphs 
do not contain any requirements for temporary impoundments that rely 
solely on storage capacity to control the runoff from a design 
precipitation event, which is the intended purpose of the provisions in 
10 CSR 40-3.040(10)(O)3 and 40-3.200(10)(O)3. Instead, they contain the 
same requirements as Missouri's proposed rules at 10 CSR 40-
3.040(10)(O)2.C and 40-3.200(10)(O)2.C for impoundments that rely on 
spillways to safely pass the applicable design precipitation event.
    We find that Missouri's rules at 10 CSR 40-3.040(10)(O)3.C and 40-
3.200(10)(O)3.C are not consistent with the other requirements of 
Missouri's rules at 10 CSR 40-3.040(10)(O)3 and 40-3.200(10)(O)3 or 
with the Federal

[[Page 23597]]

regulation requirements at 30 CFR 816.49(c) and 817.49(c) for temporary 
impoundments that rely primarily on storage to control the runoff from 
a design precipitation event. Further, we are requiring Missouri to 
remove these provisions from its program. In its January 12, 2001, 
letter, Missouri indicated that the two paragraphs (10 CSR 40-
3.040(10)(O)3.C and 10 CSR 40-3.200(10)(O)3.C) were inappropriate in 
this part of its program and will be deleted in a future rulemaking.
    g. 10 CSR 40-3.040(14) and 10 CSR 40-3.200(13)(B) Transfer of 
Wells. Missouri revised 10 CSR 40-3.040(14)(B)3 and 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 40-3.020 and 40-
3.180, respectively, and those rules of the Wellhead Protection 
Section, Division of Geology and Land Survey, at 10 CSR 23, Chapter 3, 
applicable to the well. The current rules just require compliance with 
10 CSR 40-3.020 and 40-3.180, which are counterparts to the Federal 
regulations at 30 CFR 816.13 through 15 and 817.13 through 15, 
respectively. The Wellhead Protection Section, Division of Geology and 
Land Survey rules provide requirements that owners must meet for 
protection of groundwater quality and resources and maintenance of 
wells. The Federal regulations at 30 CFR 816.41(g) and 817.41(g) allow 
wells to be transferred to another party for further use if approved by 
the regulatory authority and if the transfer complies with State and 
local law. Therefore, we find that requiring coal mine operators to 
meet other State regulations relating to water wells will not make 
Missouri's rules at 10 CSR 40-3.040(14)(B)3 and 40-3.200 (13)(B)3 less 
effective than the counterpart Federal regulations.
    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 clarify that an operator 
must 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 clarify that the operator must 
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.
    Missouri's currently approved rules require a blast design for dams 
and an opportunity for a preblasting survey for owners of dams because 
of each rule's reference to structures listed in 10 CSR 40-
3.050(5)(D)1. The structures listed in 10 CSR 40-3.050(5)(D)1 include 
dams. We find that Missouri's clarification of its rules at 10 CSR 40-
3.050(1)(D)1.A and 10 CSR 40-3.050(2)(A) will not make them less 
effective than the counterpart Federal regulations at 30 CFR 
816.61(d)(i) and 816.62(a), respectively.
    5. 10 CSR 40-3.090, Surface Mining Operations, and 10 CSR 40-3.240, 
Underground Mining Operations: Air Resource Protection. On September 
29, 1992, we required Missouri to amend its rules at 10 CSR 40-3.090 
and 40-3.240 by providing performance standards that address air 
quality in a manner no less effective than the Federal regulations at 
30 CFR 816.95(a) and 817.95(a). We codified this requirement at 30 CFR 
925.16(p)(4). The Federal regulations require that all exposed surface 
areas be protected and stabilized to effectively control erosion and 
air pollution attendant to erosion.
    a. Missouri revised 10 CSR 40-3.090 by adding the following new 
provision at the end of the previously approved rule language:

    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).

    We find that Missouri's new provision at 10 CSR 40-3.090 is 
substantively identical to the Federal regulation requirement for 
protection of air resources at 30 CFR 816.95(a), and we are approving 
it. Missouri's new provision also satisfies a portion of the required 
amendment that we codified at 30 CFR 925.16(p)(4), and it will be 
modified accordingly.
    b. Missouri removed the existing requirements at 10 CSR 40-3.240 
and added the following new requirement:

    All exposed surface areas shall be protected attendant to 
erosion according to 10 CSR 40-3.200(5)(A).

    The counterpart Federal regulation at 30 CFR 817.95(a) requires all 
exposed surface areas to be protected ``and stabilized to effectively 
control erosion and air pollution'' attendant to erosion. We find that 
Missouri's revised rule at 10 CSR 40-3.240 is less effective than the 
Federal regulation because it is missing pertinent requirements 
relating to control of erosion and air pollution. Therefore, we are not 
approving Missouri's revised rule to the extent that it is missing 
these requirements, and we are modifying 30 CFR 925.16(p)(4) to require 
further revision to 10 CSR 40-3.240.
    6. 10 CSR 40-3.110(6) Regrading or Stabilizing Rills and Gullies. 
On July 13, 1995 (60 FR 36046), we required Missouri to revise 10 CSR 
40-3.110(6)(B) to clearly require, for areas that have been previously 
mined, either topsoil or a topsoil substitute, in accordance with its 
rules at 10 CSR 40-3.030. We codified this requirement at 30 CFR 
925.16(q)(2). In response to this requirement, Missouri revised 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.

    We find that Missouri's revised rule at 10 CSR 40-3.110(6)(B) meets 
the requirements of the Federal regulations at 30 CFR 816.106(a) and 
816.102(d)(2) concerning redistribution of topsoil on previously mined 
areas, and we are approving it. We also find that Missouri's revision 
satisfies the required amendment at 30 CFR 925.16(q)(2), which we are 
removing.
    7. 10 CSR 40-3.120 and 10 CSR 40-3.270 Revegetation Requirements. 
Missouri proposed several 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. 10 CSR 40-3.120(5) and 10 CSR 40-3.270(5) Grazing. On September 
29, 1992 (60 FR 44666), we required Missouri to revise 10 CSR 40-
3.120(5) and 40-3.270(5) by removing or defining the term ``range 
land.'' We codified this requirement at 30 CFR 925.16(p)(5). In 
response to this requirement, Missouri removed the term ``range land'' 
from its provisions for grazing at 10 CSR 40-3.120(5) and 40-3.270(5).
    Based on the discussion in finding 19 of the September 29, 1992, 
Federal Register (57 FR 44665), we find that, with the removal of the 
term ``range land,'' Missouri's requirements at 10 CSR 40-3.120(5) and 
40-3.270(5) for grazing and pasture land are no less effective than the 
Federal regulation requirements at 30 CFR 816.116(b)(1) and 
817.116(b)(1), respectively. We also find that Missouri has satisfied 
the required amendment at 30 CFR 925.16(p)(5), which we are removing.
    b. 10 CSR 40-3.120(8) and 10 CSR 40-3.270(8) Reclamation Schedule. 
Missouri replaced all instances of the term ``sedimentation ponds'' 
with the term ``siltation structures'' in its rules at 10 CSR 40-
3.120(8)(A)4, (B), and (D) and 10 CSR 40-3.270(8) (A)4 and (B). Because 
sedimentation ponds are included in the Missouri and the Federal 
definitions of ``siltation structure'' at 10 CSR 40-8.010(1)(A)89 and 
30 CFR 701.5, respectively, we find that Missouri's changes will not 
make its rules less effective than the

[[Page 23598]]

counterpart Federal regulations. Also, because the term ``siltation 
structures,'' as defined, includes a broader range of sediment control 
structures than the term ``sedimentation ponds,'' we find that 
Missouri's revisions clarify that all sediment control structures, not 
just sedimentation ponds, are included in the reclamation schedule 
requirements.
    8. 10 CSR 40-3.140 Road and Other Transportation Requirements. On 
September 29, 1992 (60 FR 44669), we required Missouri to revise 10 CSR 
40-3.140(1)(A) by requiring that all exposed surfaces be stabilized in 
accordance with current prudent engineering practices. We codified this 
requirement at 30 CFR 925.16(p)(9). In response to this requirement, 
Missouri removed the word ``road'' from the phrase ``as well as dust 
occurring on other exposed road surfaces.'' Missouri's revised rule at 
10 CSR 40-3.140(1) (A) now requires that Class 1 roads be maintained to 
control or prevent erosion; siltation; and the air pollution attendant 
to erosion, including road dust as well as dust occurring on other 
exposed surfaces.
    Because the Federal regulation at 30 CFR 816.150(b)(1) provides the 
same requirements for roads, we find that Missouri's revised rule is no 
less effective than the Federal regulation. We also find that Missouri 
has satisfied the required amendment at 30 CFR 925.16(p)(9), which we 
are removing.

D. 10 CSR 40-6  Permitting Requirements for Permits, Permit 
Applications, and Coal Exploration

    1. 10 CSR 40-6.010(4)(B)2 Renewal of Valid Permits. Missouri 
corrected a citation reference in its existing provision at 10 CSR 40-
6.010(4)(B)2 by changing ``10 CSR 40-6.080(5) and (6)'' to ``10 CSR 40-
6.090(5) and (6).'' Missouri also added 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.

    As revised, the existing provision in 10 CSR 40-6.010(4)(B)2 
requires a permittee to file an application for renewal of a permit 
under 10 CSR 40-6.090(5) and (6) at least 120 days before the 
expiration of the permit. The corrected citation reference is 
appropriate because 10 CSR 40-6.090(5) and (6) contain Missouri's 
requirements for permit renewals. This provision is substantively the 
same as the Federal regulation at 30 CFR 774.15(b)(1). Missouri's new 
provision in 10 CSR 40-6.010(4)(B)2 is substantively the same as the 
counterpart Federal provision in 30 CFR 773.11(a). Based on the above 
discussion, we find that Missouri's provisions at 10 CSR 40-
6.010(4)(B)2 are no less effective than the counterpart Federal 
regulation provisions at 30 CFR 774.15(b)(1) and 773.11(a), 
respectively.
    2. 10 CSR 40-6.010(6)(A) Permit Fees. Missouri removed the existing 
third sentence that specified that ``[a]ll permits shall be on a yearly 
basis and shall require the entire initial fee and the acreage fee for 
that year.'' Missouri also revised 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.

    Missouri's removal of the existing third sentence eliminates an 
apparent conflict with other provisions in the rule that allow multiple 
year permits. Missouri revised the existing fifth sentence to clarify 
that the annual fee and acreage fee must be paid until the operator 
obtains the final liability release on all permitted acres. The Federal 
regulation at 30 CFR 777.17 requires the regulatory authority to 
determine the amount of the permit application fee and allows the 
regulatory authority to develop procedures for the fee to be paid over 
the term of the permit. Based on the above discussion, we find that 
Missouri's revisions will not make its previously approved rule less 
effective than the counterpart Federal regulation.
    3. 10 CSR 40-6.030 and 10 CSR 40-6.100 Minimum Requirements for 
Legal, Financial, Compliance and Related Information. We are approving 
Missouri's proposed revisions to its rules at 10 CSR 40-6.030 for 
surface mining operations and 10 CSR 40-6.100 for underground mining 
operations. Missouri proposed the revisions to clarify previously 
approved provisions or to meet the required amendments codified at 30 
CFR 925.16(p)(10) and (11) on September 29, 1992.
    On December 19, 2000 (65 FR 79582), we revised the Federal 
counterparts to the rules that Missouri is proposing to amend. Because 
Missouri submitted its amendment before the date that we published our 
new regulations, we are using previous versions of the Federal 
regulations as our standards of comparison. In accordance with the 
requirements and procedures in 30 CFR 732.17(d) through (f), we will 
notify Missouri at a later time if we determine that our revised 
regulations will require additional revisions to the Missouri program.
    a. Missouri clarified the introductory paragraph of 10 CSR 40-
6.030(1)(C) by adding the phrase ``each application shall contain'' 
after the words ``as applicable.'' The revised paragraph reads as 
follows:

    For each person who owns or controls the applicant under the 
definition of owned or controlled and owns or controls in 10 CSR 40-
6.010(2)(E), as applicable each application shall contain--

    We find that Missouri's clarification did not change the meaning of 
this previously approved rule. We also find that the introductory 
paragraph of 10 CSR 40-6.030(1)(C) is substantively the same as the 
introductory paragraph of the former Federal regulation at 30 CFR 
778.13(c) that was promulgated on April 21, 1997.
    b. Missouri revised 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--

    We find that Missouri's revised introductory paragraph is 
substantively the same as the introductory paragraph of the former 
Federal regulation at 30 CFR 778.13(f) that was promulgated on April 
21, 1997.
    c. 10 CSR 40-6.030(1)(I) and 10 CSR 40-6.100(1)(I) Identification 
of Interests and Violation Information Format. On September 29, 1992 
(57 FR 44671), we required Missouri to revise its rules to require that 
a permit applicant submit ownership and control and violation 
information in a format prescribed by OSM. We codified this requirement 
at 30 CFR 925.16(p)(10). In response to this requirement, Missouri 
revised its rules at 10 CSR 40-6.030(1)(I) and 40-6.100(1)(I) to 
require the applicant to submit the information required by 10 CSR 40-
6.010(1) and (2) and 40-6.100(1) and (2) in any prescribed format 
issued by the ``Office of Surface Mining Reclamation and Enforcement 
(OSMRE).''
    We find that Missouri's revised rules at 10 CSR 40-6.030(1)(I) and 
40-6.100(1)(I) are substantively the same as the former Federal 
regulation at 30 CFR 778.13(l) that was promulgated on April 21, 1997, 
and they satisfy the required amendment at 30 CFR 925.16(p)(10), which 
we are removing.
    d. 10 CSR 40-6.030(2)(C) Surface Mining Permit Applications--

[[Page 23599]]

Compliance Information. On September 29, 1992 (57 FR 44671), we 
required Missouri to revise 10 CSR 40-6.030(2)(C) to require any 
violation of SMCRA to be listed by the operator to make this regulation 
no less effective than the Federal regulation at 30 CFR 778.14(c). We 
codified this requirement at 30 CFR 925.16(p)(11). In response to this 
requirement, Missouri revised 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.

    We find that Missouri's revised rule at 10 CSR 40-6.030(2)(C) is 
substantively the same as the former counterpart Federal regulation at 
30 CFR 778.14(c) that was promulgated on April 21, 1997. Missouri's 
revised rule also satisfies a portion of the required amendment at 30 
CFR 925.16(p)(11), which we are removing.
    e. 10 CSR 40-6.100(2)(C) Underground Mining Permit Applications--
Compliance Information. On September 29, 1992 (57 FR 44671), we 
required Missouri to revise 10 CSR 40-6.100(2)(C) to require any 
violation of SMCRA to be listed by the operator to make this regulation 
no less effective than the Federal regulation at 30 CFR 778.14(c). We 
codified this requirement at 30 CFR 925.16(p)(11). In response to this 
requirement, Missouri revised 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:
    1. 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;
    2. A brief description of the violation alleged in the notice;
    3. 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;
    4. The current status of the proceedings and of the violation 
notice; and
    5. The actions, if any, taken by any person identified in 
subsection (C) of this section to abate the violation.

    We find that Missouri's revised rule at 10 CSR 40-6.100(2)(C) is 
substantively the same as the former counterpart Federal regulation at 
30 CFR 778.14(c) that existed on September 29, 1992, the date that we 
required Missouri to revise its rule. Missouri's revision also 
satisfies the remaining portion of the required amendment at 30 CFR 
925.16(p)(11) by requiring that ``any violation of a provision of the 
Act'' be listed by the operator. Missouri's rule at 10 CSR 40-
8.010(1)(A)3 defines ``Act'' to mean SMCRA.
    4. 10 CSR 40-6.050 and 10 CSR 40-6.120  Minimum Requirements for 
Reclamation and Operations Plan. Missouri proposed 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 changed the term ``sedimentation pond'' to the term 
``siltation structure'' in its rules at 10 CSR 40-6.050(5)(B)11, 40-
6.050(5)(C)1, 40-6.120(14)(B)10, and 40-6.120(14)(C)1. Because 
sedimentation ponds are included in the Missouri and the Federal 
definitions of ``siltation structure'' at 10 CSR 40-8.010(1)(A)89 and 
30 CFR 701.5, respectively, we find that Missouri's changes will not 
make its rules less effective than the counterpart Federal regulations. 
Also, because the term ``siltation structures,'' as defined, includes a 
broader range of sediment control structures than the term 
``sedimentation ponds,'' we find that Missouri's revisions clarify that 
all sediment control structures must be shown on the maps and plans of 
the proposed mine operation.
    b. 10 CSR 40-6.050(5) Operations Plan--Maps and Plans. At 10 CSR 
40-6.050(5) (C), Missouri removed the provision that would allow, with 
certain exceptions, a professional geologist experienced in the design 
and construction of impoundments to prepare and certify maps, plans, 
and cross-sections required under 10 CSR 40-6.050(5) (B)4, 5, 6, 10, 
and 11. As revised, Missouri's rule requires all maps, plans, and 
cross-sections to be prepared and certified by a qualified registered 
professional engineer, with assistance from experts in related fields 
such as land surveying and landscape architecture.
    With identified exceptions, the counterpart Federal regulation at 
30 CFR 780.14(c) requires a qualified registered professional engineer, 
a professional geologist, or a qualified registered professional land 
surveyor to prepare and certify the specified cross sections, maps, and 
plans. A qualified registered professional engineer must certify maps, 
plans, and cross-sections for the identified exceptions, which include 
impoundments, siltation structures, excess spoil disposal sites, and 
coal mine waste disposal sites. Because only a qualified registered 
professional engineer can prepare and certify the specified cross 
sections, maps, and plans under the Missouri rule, we find that 
Missouri's revised rule at 10 CSR 40-6.050(5)(C) is no less effective 
than the counterpart Federal regulation.
    c. 10 CSR 40-6.050(7) and 40-6.120(12) Fish and Wildlife Plan. On 
July 13, 1995 (60 FR 36047), we required Missouri to revise 10 CSR 40-
6.050(7)(D)1 and 40-6.120 (12)(D)1 to require that the description in 
the fish and wildlife plan be consistent with, respectively, its 
performance standards for protection of fish, wildlife, and related 
environmental values at 10 CSR 40-3.100 and 40-3.250. We codified this 
requirement at 30 CFR 925.16(u). At 10 CSR 40-6.050(7)(D)1, Missouri 
proposed to require that each fish and

[[Page 23600]]

wildlife plan description be consistent with the requirements of 10 CSR 
40-6.050 and 40-3.100. At 10 CSR 40-6.120(12)(D)1, Missouri proposed to 
require that each fish and wildlife plan description be consistent with 
the requirements of 10 CSR 40-6.120 and 40-3.250. Missouri's rules at 
10 CSR 40-3.100 for surface coal mining and 40-3.250 for underground 
coal mining contain performance requirements for the protection of 
fish, wildlife, and related environmental values.
    We find that Missouri's revised rules at 10 CSR 40-6.050(7)(D)1 and 
40-6.120(12)(D)1 are substantively the same as the counterpart Federal 
regulations at 30 CFR 780.16(b)(1) and 784.21(b)(1), respectively, and 
we are approving them. We also find that Missouri's revisions satisfy 
the required amendment at 30 CFR 925.16(u), which we are removing.
    d. 10 CSR 40-6.050(11) Reclamation Plan--Ponds, Impoundments, 
Banks, Dams and Embankments. At 10 CSR 40-6.050(11)(A)1.A, Missouri 
removed the provision that would allow a professional geologist to 
prepare and certify a general plan for each siltation structure, water 
impoundment, and coal processing waste bank, dam, or embankment within 
the mine plan area. As revised, Missouri's rule requires general plans 
for these structures to be prepared and certified by a qualified 
registered professional engineer, with assistance from experts in 
related fields such as land surveying and landscape architecture.
    The counterpart Federal regulation at 30 CFR 780.25(a)(1)(i) 
requires a qualified registered professional engineer, a professional 
geologist, or a qualified registered professional land surveyor, with 
assistance from experts in related fields such as landscape 
architecture, to prepare and certify general plans for these 
structures. Because use of the word ``or'' in the Federal regulation 
would allow any one of the listed professionals to prepare and certify 
general plans, we find that Missouri's revised rule at 10 CSR 40-
6.050(11)(A)1.A is no less effective than the counterpart Federal 
regulation at 30 CFR 780.25(a)(1)(i).
    e. 10 CSR 40-6.050(17) and 40-6.120(15) Transportation Facilities. 
On September 29, 1992 (57 FR 44671), we required Missouri to provide 
proof that land surveyors are authorized in the State to prepare and 
certify plans and drawings for road design or delete the provision from 
10 CSR 40-6.050(17)(B) and 40-6.120(15)(B). We codified this 
requirement at 30 CFR 925.16(p)(12). In response to this requirement, 
Missouri removed the language ``or a qualified registered professional 
land surveyor'' from its provisions at 10 CSR 40-6.050(17)(B) and 40-
6.120(15)(B). Missouri's revised rules require the plans and drawings 
for each class I and II road to be prepared by, or under the direction 
of, and certified by a qualified registered professional engineer.
    In those States that do not authorize land surveyors to certify the 
design of roads, the Federal regulations at 30 CFR 780.37(b) and 
784.24(b) require the plans and drawings for roads to be prepared by, 
or under the direction of, and certified by a qualified registered 
professional engineer. Therefore, we find that Missouri's revised rules 
at 10 CSR 40-6.050(17)(B) and 40-6.120(15)(B) are no less effective 
than the counterpart Federal regulations at 30 CFR 780.37(b) and 
784.24(b), respectively. We also find that Missouri's revisions satisfy 
the requirements of 30 CFR 925.16(p)(12), which we are removing.
    5. 10 CSR 40-6.070  Review, Public Participation and Approval of 
Permit Applications and Permit Terms and Conditions.
    a. 10 CSR 40-6.070(3) Opportunity for Submission of Written 
Comments on Permit Applications. At 10 CSR 40-6.070(3)(B), Missouri 
proposed to require that written comments on permit applications by 
public entities notified under subsections (2)(B) and (C) be submitted 
to the commission and director within 30 days after the last 
publication of the newspaper advertisement required by subsection 
(2)(A). Missouri previously required that written comments be submitted 
within 60 days after the application is filed.
    The counterpart Federal regulation at 30 CFR 773.13(b)(1) requires 
that written comments on permit applications by these public entities 
be submitted within a reasonable time established by the regulatory 
authority. We find that Missouri's proposed time frame is reasonable, 
and we are approving the revisions to 10 CSR 40-6.070(3)(B).
    b. 10 CSR 40-6.070(4) Right to File Written Objections. 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). Missouri previously 
required that written objections be filed within 60 days after the 
application is filed.
    Missouri's revised rule contains substantively the same 
requirements for filing written objections as the counterpart Federal 
regulation at 30 CFR 773.13(b)(2), including the 30-day time frame. 
Therefore, we find that Missouri's rule at 10 CSR 40-6.070(4)(A) is no 
less effective than the Federal regulation.
    6. 10 CSR 40-6.090(4) Permit Revisions. Missouri is revising 10 CSR 
40-6.090 (4)(B)2 to read as follows:

    The scale or extent of permit application information 
requirements and procedures, including notice and hearings, 
applicable to revision requests shall be sufficient to demonstrate 
compliance with all applicable rules. Any application for a revision 
which proposes significant alterations in the operations described 
in the materials submitted in the application for the original 
permit under 10 CSR 40-6.030, 10 CSR 40-6.040, 10 CSR 40-6.050, 10 
CSR 40-6.060, 10 CSR 40-6.100, 10 CSR 40-6.110 or 10 CSR 40-6.120 or 
in the conditions of the original permit, at a minimum, shall be 
subject to the requirements of 10 CSR 40-6.070 and 10 CSR 40-6.080.

    Missouri's rule at 10 CSR 40-6.070 contains requirements for 
review, public participation, and approval of permit applications. It 
includes Missouri's provisions for permit terms and conditions. 
Missouri's rule at 10 CSR 40-6.080 contains requirements for 
administrative and judicial review of decisions on permit applications.
    The Federal regulation at 30 CFR 774.13(b)(2) requires the 
regulatory authority to establish guidelines for the scale or extent of 
revisions for which all the permit application information requirements 
and procedures, including notice, public participation, and notice of 
decision requirements shall apply. We find that Missouri's revised rule 
at 10 CSR 40-6.090(4)(B)(2) is consistent with this Federal 
requirement, and we are approving it.

E. 10 CSR 40-7 Bond and Insurance Requirements for Surface Coal Mining 
and Reclamation Operations

    1. 10 CSR 40-7.011(6) Bond Requirements--Type of Bonds. On 
September 29, 1992 (57 FR 44673), we required Missouri to revise its 
rule at 10 CSR 40-7.011(6)(D)8 to provide that, upon issuance of a 
cessation order, mining operations shall not resume until the 
regulatory authority has determined that an acceptable bond has been 
posted as required by the Federal regulations at 30 CFR 800.16(e)(2). 
We codified this requirement at 30 CFR 925.16(p)(14). In response to 
this requirement, Missouri revised its rule provisions at 10 CSR 40-
7.011(6)(A)8 for surety bonds and 10 CSR 40-7.011(6)(D)8 for self-bonds 
to require that when a cessation order is issued for failure to replace 
bond coverage, mining operations shall not resume until the director 
has determined that an acceptable bond has been posted.

[[Page 23601]]

    Missouri's revised provisions at 10 CSR 40-7.011(6)(A)8 and 40-
7.011(6)(D)8 have substantively the same requirements for replacing 
bond coverage as the counterpart Federal regulations at 30 CFR 
800.16(e) for surety bonds and 800.23(g) for self-bonds. Therefore, 
Missouri's revised rules are no less effective than the counterpart 
Federal regulations. Missouri's revision to 10 CSR 40-7.011(6)(D)(8) 
satisfies the required amendment at 30 CFR 925.16(p)(14), which we are 
removing.
    2. 10 CSR 40-7.021  Duration and Release of Reclamation Liability.
    a. 10 CSR 40-7.021(1)(C) and (D)/40-7.021(2)(B)5 and 6 Termination 
of Jurisdiction. On September 29, 1992 (57 FR 44674), we required 
Missouri to relocate its provisions at 10 CSR 40-7.021(2)(B)5 and 6 
that addressed termination of jurisdiction to an appropriate location 
in its regulations. Missouri had placed these provisions under its 
phase II bond release requirements. We were concerned that this 
location could lead to possible misinterpretation of the requirements 
for phase II bond release and termination of jurisdiction. We codified 
this requirement at 30 CFR 925.16(p)(16). In response to the required 
amendment, Missouri removed its provisions from 10 CSR 40-7.021(2)(B)5 
and 6 and added them to 10 CSR 40-7.021(1)(C) and (D) under its period 
of liability requirements.
    As discussed in finding 51 of the September 29, 1992, Federal 
Register, Missouri's rules for termination of jurisdiction are 
substantively the same as the counterpart Federal regulations at 30 CFR 
700.11(d). Both the Federal regulations and Missouri's rules clarify 
the circumstances under which a regulatory authority may terminate or 
reassert jurisdiction for the reclaimed sites of completed surface coal 
mining and reclamation operations. Because regulatory jurisdiction may 
only be terminated upon the final release of a performance bond or, 
where no bond was required, upon a finding that all reclamation had 
been successfully completed, we find locating these provisions under 
its requirements concerning the period of reclamation liability at 10 
CSR 40-7.021(1) is appropriate. Therefore, we are approving Missouri's 
deletion of 10 CSR 40-7.021(2)(B)5 and 6 and addition of 10 CSR 40-
7.021(1)(C) and (D). We are also removing the required amendment at 30 
CFR 925.16(p)(16).
    b. 10 CSR 40-7.021(2) Criteria for Release of Reclamation 
Liability. Missouri replaced the term ``sediment ponds'' with the term 
``siltation structures'' in its rule at 10 CSR 40-7.021(2)(A). The 
revised provision provides that phase I bond must be retained on 
unreclaimed temporary structures, such as roads, siltation structures, 
diversions and stockpiles.
    Because the term ``siltation structures,'' as defined in Missouri's 
rules at 10 CSR 40-8.010(1)(A)89 and the Federal regulations at 30 CFR 
701.5, includes a broader range of sediment control structures than the 
term ``sedimentation ponds,'' we find that Missouri's revision will 
provide additional guidance for retention of phase I bond for 
unreclaimed temporary structures.
    c. 10 CSR 40-7.021(3) Bond Release Application Procedures. Missouri 
added the following new procedure at 10 CSR 40-7.021(3)(C):

    (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.

    There is no counterpart Federal regulation. However, we find that 
this new requirement does not conflict with any existing Federal or 
State requirements concerning performance bond release. Therefore, 10 
CSR 40-7.021(3)(C) will not make Missouri's rules concerning 
performance bond release at 10 CSR 40-7.021 less effective than the 
counterpart Federal regulations at 30 CFR 800.40.

F. 10 CSR 40-8  Definitions and General Requirements

    1. 10 CSR 40-8.010(1)(A)12 Definition of Best Technology Currently 
Available. Missouri replaced the term ``sedimentation ponds'' with the 
term ``siltation structures,'' in its definition of ``best technology 
currently available.''
    Because the term ``siltation structures'' provides a broader 
classification of sediment control structures than the term 
``sedimentation ponds'' and because sedimentation ponds are included in 
the Missouri and the Federal definitions of ``siltation structure'' at 
10 CSR 40-8.010(1)(A)89 and 30 CFR 701.5, respectively, we find that 
Missouri's revision will not make its definition of ``best technology 
currently available'' less effective than the counterpart Federal 
definition at 30 CFR 701.5.
    2. 10 CSR 40-8.010(1)(A)87 and 40-8.010(1)(A)89  Definitions of 
Sedimentation Pond and Siltation Structure, respectively. Missouri 
removed its definition of ``sedimentation pond'' at 10 CSR 40-
8.010(1)(A)87 and added its substantive provisions to the following new 
definition of ``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.

    The counterpart Federal regulation at 30 CFR 701.5 defines 
``siltation structure'' to mean a sedimentation pond, a series of 
sedimentation ponds, or other treatment facility. As shown above, 
Missouri's proposed definition of ``siltation structure'' at 10 CSR 40-
8.010(1)(A)89 contains the language from the Federal definition and the 
previously approved language from its definition of ``sedimentation 
pond'' at 10 CSR 40-8.010(1)(A)87. As discussed throughout this 
document, Missouri replaced all instances of the term ``sedimentation 
pond'' with the term ``siltation structure'' in its rules at 10 CSR 40. 
Because Missouri no longer uses the term ``sedimentation pond'' in its 
rules and because Missouri added the substantive language from its 
currently approved definition of ``sedimentation ponds'' to its 
definition of ``siltation structure,'' we find that Missouri's removal 
of its definition of ``sedimentation pond'' will not make its rules 
less effective than the Federal regulations. Also, because Missouri's 
definition of ``siltation structure'' at 10 CSR 40-8.010(1)(A)89 
includes the language from the Federal definition of ``siltation 
structure'' at 30 CFR 701.5, we find that Missouri's definition is no 
less effective than the Federal definition.
    3. 10 CSR 40-8.030(1)  Inspections. On September 29, 1992 (57 FR 
44675), we required Missouri to revise 10 CSR 40-8.030(1)(F) and (G) to 
remove limitations regarding the required number of inspections of 
abandoned mine sites. We codified this requirement at 30 CFR 
925.16(p)(18). In response to this requirement, Missouri proposed 
revisions to its regulations at 10 CSR 40-8.030(1)(F)4.A and 40-
8.030(1)(G).

[[Page 23602]]

    Missouri revised 10 CSR 40-8.030(1)(F)4.A by requiring a site to be 
classified as abandoned only in cases where a permit has either expired 
or been revoked. Missouri's revised rule is substantively identical to 
the counterpart Federal regulation at 30 CFR 840.11(g)(4)(i). Missouri 
revised 10 CSR 40-8.030(1)(G) by removing its existing provisions and 
adding new provisions that require Missouri to inspect abandoned sites 
on a frequency commensurate with the public health and safety and 
environmental conditions present. Missouri must always perform at least 
one complete inspection per calendar year for each abandoned site. 
Missouri's revised rule incorporates criteria that must be taken into 
consideration and documented before it can reduce inspection 
frequencies at an abandoned site. We find that Missouri's new 
provisions are substantively identical to the Federal regulation 
provisions at 30 CFR 840.11(h). We also find that Missouri's revisions 
at 10 CSR 40-8.030(1)(F)4.A and 40-8.030(1)(G) removed the previous 
limitations regarding the required number of inspections of abandoned 
mine sites and satisfied the required amendment at 30 CFR 
925.16(p)(18). Therefore, we are approving 10 CSR 40-8.030(1)(F)4.A and 
40-8.030(1)(G), and we are removing the required amendment at 30 CFR 
925.16(p)(18).
    4. 10 CSR 40-8.070(2)(C) Exemption for Coal Extraction Incidental 
to the Extraction of Other Minerals.
    a. 10 CSR 40-8.070(2)(C)1.A Definition of Cumulative Measurement 
Period. Missouri's current rule at 10 CSR 40-8.070(2)(C)1.A(II)(a) 
requires that, for coal or other minerals extracted prior to November 
1, 1990, a person with an approved exemption for coal extraction 
incidental to the extraction of other minerals submit a written report 
of cumulative production and revenue every October after that. On 
September 29, 1992, we required Missouri to amend 10 CSR 40-
8.070(2)(C)1.A(II) to provide appropriate dates for reporting of 
cumulative production that are no earlier than the date Missouri's 
October 10, 1990, amendment is published in the Federal Register as a 
final rule. We codified this requirement at 30 CFR 925.16(p)(20). In 
response to this requirement, Missouri amended 10 CSR 40-
8.070(2)(C)1.A(II)(a) to require that, for coal or other minerals 
extracted prior to October 1, 1990, a person with an approved exemption 
for coal extraction incidental to the extraction of other minerals 
submit an annual written report of cumulative production and revenue on 
September 30, 1992, and every September 30 after that.
    Missouri's October 10, 1990, amendment was published in the Federal 
Register on September 29, 1992. Therefore, the initial annual reporting 
date proposed at 10 CSR 40-8.070(2)(C)1.A(II)(a) of September 30, 1992, 
and subsequent annual reporting date of September 30 satisfy a portion 
of the required amendment at 30 CFR 925.16(p)(20). However, Missouri's 
proposed rule still specifies the end of the period for which 
cumulative production and revenue is calculated is where the coal or 
other minerals were extracted prior to October 1, 1990, which is a date 
earlier than September 29, 1992. This date needs to be revised to be no 
earlier than September 29, 1992. Therefore, we find that Missouri's 
proposed rule at 10 CSR 40-8.070(2)(C)1.A(II) is less effective than 
the counterpart Federal regulation at 30 CFR 702.5(a)(2), and we are 
not approving the October 1, 1990, date proposed at 10 CSR 40-
8.070(2)(C)1.A(II)(a). Also, Missouri did not revise its rule at 10 CSR 
40-8.070(2)(C)1.A(II)(b). This rule still refers to extraction of coal 
or other minerals commenced on or after November 1, 1990, which is 
earlier than the required date. Based on this finding, we are modifying 
the required amendment at 30 CFR 925.16(p)(20).
    b. 10 CSR 40-8.070(2)(C)10.F Revocation and Enforcement--Direct 
Enforcement. Missouri's current rules at paragraph (2)(C)10.F provide 
direct enforcement requirements for operators who did or did not 
conduct activities in accordance with the terms of an approved 
exemption before revocation of the exemption. Subparagraph (C)10.F(I) 
specifies that an operator mining in accordance with the terms of an 
approved exemption shall not be cited for violations of the commission 
which occurred prior to the revocation of the exemption. Subparagraph 
(C)10.F(II) specifies that an operator who does not conduct activities 
in accordance with the terms of an approved exemption shall be subject 
to direct enforcement action for violations of the commission. 
Subparagraph (C)10.F(III) specifies that upon revocation of an 
exemption or denial of an exemption application, an operator shall 
comply with the reclamation standards of the commission. On September 
29, 1992, we required Missouri to amend its rules at 10 CSR 40-
8.070(2)(C)10.F(I), (II), and (III). We codified these requirements at 
30 CFR 925.16(p)(21). The counterpart Federal regulations at 30 CFR 
702.17(d)(1), (2), and (3) have similar requirements with the exception 
that the Federal regulations either specify violations of the 
regulatory program or reclamation standards of the regulatory program. 
Missouri's current rules limit its direct enforcement requirements to 
violations or reclamation standards of its commission rather than its 
regulatory program. In response to the required amendment at 30 CFR 
925.16(p)(21), Missouri replaced the term ``commission'' with the term 
``regulatory program'' in each of its rules at 10 CSR 40-
8.070(2)(C)10.F(I), (II), and (III).
    We find that Missouri's revised rules at 10 CSR 40-
8.070(2)(C)10.F(I), (II), and (II) are substantively identical to the 
counterpart Federal regulations at 30 CFR 702.17(d)(1), (2), and (3), 
respectively, and we are approving them. We also find that Missouri's 
revisions satisfy the required amendment at 30 CFR 925.16(p)(21), which 
we are removing.

G. 10 CSR 40-9.020  Abandoned Mine Reclamation and Restoration; 
Reclamation

    1. Missouri revised its rule at 10 CSR 40-9.020(1)(D)4 to require 
the commission to find in writing whether coal lands and waters damaged 
and abandoned after August 3, 1977, meet the specified eligibility 
requirements and priority objectives. Missouri also added the 
requirement that the commission find in writing that the reclamation 
priority of the site is the same or more urgent than the reclamation 
priority for other lands and waters. Missouri's revised rule reads 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. Priority will be given to those sites which are in the 
immediate vicinity of a residential area or which have an adverse 
economic impact upon a community.

    The counterpart Federal regulation at 30 CFR 874.12(d) also 
requires a written determination of eligibility for these sites. 
Therefore, we find that Missouri's revised rule at 10 CSR 40-
9.020(1)(D)4 is consistent with the requirements of the counterpart 
Federal regulation at 30 CFR 874.12(d)(3), and we are approving it.
    2. Missouri added 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

[[Page 23603]]

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).

    We find that Missouri's rule at 10 CSR 40-9.020(1)(F) is 
substantively identical to the counterpart Federal regulation at 30 CFR 
874.12(g), and we are approving it.

IV. Summary and Disposition of Comments

Federal Agency Comments

    On October 18, 2000, under section 503(b) of SMCRA and 30 CFR 
732.17(h)(11)(i) of the Federal regulations, we requested comments on 
the amendment from various Federal agencies with an actual or potential 
interest in the Missouri program (Administrative Record No. MO-662.2). 
We did not receive any comments.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to obtain the 
written concurrence of the EPA for those provisions of the program 
amendment that relate to air or water quality standards issued under 
the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the 
Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that Missouri proposed to make in this 
amendment pertain to air or water quality standards. Therefore, we did 
not ask the EPA for its concurrence.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from the EPA (Administrative Record No. MO-662.2). The EPA 
did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On October 18, 2000, we requested comments on Missouri's 
amendment (Administrative Record No. MO-662.2), but neither responded 
to our request.

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

V. Director's Decision

    Based on the above findings, we approve, with certain exceptions 
and additional requirements, the amendment as sent to us by Missouri on 
October 5, 2000.
    With the requirement that Missouri further revise its rules, we do 
not approve, as discussed in: finding No. C.3.f(2)(b), 10 CSR 40-
3.040(10)(O)3.C and 40-3.200(10)(O)3.C, design precipitation event 
requirements for permanent and temporary impoundments; finding No. 
C.5.b, 10 CSR 40-3.240, air resource protection, to the extent that it 
is missing pertinent requirements relating to control of erosion and 
air pollution; finding No. F.4.a, 10 CSR 40-8.070(2)(C)1.A(II)(a), 
definition of cumulative measurement period, to the extent that it uses 
October 1, 1990, for determining the end of the period for which 
cumulative production and revenue is reported.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 925, which codify decisions concerning the Missouri 
program. We are making this final rule effective immediately to 
expedite the State program amendment process and to encourage Missouri 
to bring its program into conformity with the Federal standards. SMCRA 
requires consistency of State and Federal standards.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any 
changes to State programs that are not approved by OSM. In the 
oversight of the Missouri program, we will recognize only the statutes, 
rules and other materials approved by the Secretary or by us, together 
with any consistent implementing policies, directives and other 
materials. We will require the enforcement by Missouri of only such 
provisions.

VI. 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 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

[[Page 23604]]

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.

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: April 25, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.


    For the reasons set out in the preamble, 30 CFR Part 925 is amended 
as set forth below:

PART 925--MISSOURI

    1. The authority citation for Part 925 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 925.12 is amended by removing the introductory 
paragraph; by revising paragraphs (a), (b), and (c) and adding 
paragraphs (d), (e), and (f) to read as follows:


Sec. 925.12  State program provisions and amendments disapproved.

    (a) The amendment at 10 CSR 40-4.030(4)(A), submitted on December 
14 and 18, 1987, is disapproved insofar as it would exempt from prime 
farmland performance standards coal preparation plants, support 
facilities, and roads associated with surface coal mining activities.
    (b) The amendment at 10 CSR 40-4.030(4)(B), submitted on December 
14 and 18, 1987, is disapproved insofar as it would exempt from prime 
farmland performance standards water bodies as a postmining land use.
    (c) The definitions of ``coal processing plant'' and ``coal 
preparation plant'' at 10 CSR 40-8.010(1)(A)18, submitted on December 
14 and 18, 1987, are disapproved insofar as they exempt from regulation 
certain facilities where coal is subjected to chemical or physical 
processing or cleaning, concentrating, or other processing or 
preparation, if they do not separate coal from its impurities.
    (d) The amendments at 10 CSR 40-3.040(10)(O)3.C and 40-
3.200(10)(O)3.C, submitted on October 5, 2000, concerning temporary 
impoundment design are disapproved effective May 9, 2001.
    (e) The amendment at 10 CSR 40-3.240, submitted on October 5, 2000, 
concerning air resource protection is disapproved effective May 9, 
2001, to the extent that it is missing pertinent requirements relating 
to control of erosion and air pollution.
    (f) The amendment at 10 CSR 40-8.070(2)(C)1.A(II)(a), submitted on 
October 5, 2000, concerning the definition of cumulative measurement 
period is disapproved effective May 9, 2001, to the extent that it uses 
October 1, 1990, for determining the end of the period for which 
cumulative production and revenue is reported.

    3. Section 925.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 925.15  Approval of Missouri regulatory program amendments.

* * * * *

[[Page 23605]]



----------------------------------------------------------------------------------------------------------------
    Original amendment submission date            Date of final  publication             Citation/description
----------------------------------------------------------------------------------------------------------------
 
*                  *                *                  *                  *                  *
                                                        *
October 5, 2000..........................  May 9, 2001.............................  10 CSR 40-3.010(6);
                                                                                      3.020(1); 3.020(3);
                                                                                      3.040(2)(A)1, 2, 3.B, 4,
                                                                                      5, 6; 3.040(4)(A)1 and
                                                                                      (B)3; 3.040(6)(A), (B),
                                                                                      (C), (E), (F), (G), (H),
                                                                                      (Q), (T), (U); 3.040(8);
                                                                                      3.040(10)(A), (B)5, (L),
                                                                                      (M), (N), (O), (O)1,
                                                                                      (O)2.A and B, (O)2.C,
                                                                                      (O)3, (O)3.A and B;
                                                                                      3.040(10)(O)3.C [not
                                                                                      approved]; 3.040(13)(A)1.A
                                                                                      and (B)1; 3.040(14)(B)3;
                                                                                      3.040(17); 3.050 Purpose;
                                                                                      3.050(1)(D)1.A;
                                                                                      3.050(2)(A); 3.050(3)(C)1;
                                                                                      3.080(1)(A); 3.080(3)(D);
                                                                                      3.080(8)(A); 3.090;
                                                                                      3.110(4)(A); 3.110(5)(A);
                                                                                      3.110(6)(B); 3.120(5);
                                                                                      3.120(8)(A)4, (B), (D)2
                                                                                      and 8; 3.140(1)(A);
                                                                                      3.200(2)(A)1, 2, 3.A, 4,
                                                                                      5, 6; 3.200(4)(B)3;
                                                                                      3.200(6)(A), (B), (C),
                                                                                      (E), (F), (G), (Q), (T),
                                                                                      (U); 3.200(8),
                                                                                      3.200(10)(A), (B)5, (K),
                                                                                      (L), (M), (N), (O), (O)1,
                                                                                      (O)2.A, B, and C, (O)3,
                                                                                      (O)3.A and B;
                                                                                      3.200(10)(O)3.C [not
                                                                                      approved]; 3.200(12)
                                                                                      (A)1.A and (B)1;
                                                                                      3.200(13)(B)3; 3.200(16);
                                                                                      3.240 [partial approval];
                                                                                      3.270(5); 3.270(8)(A)4 and
                                                                                      (B); 4.010 Purpose; 4.010
                                                                                      (3)(J); 4.020(2)(B); 4.030
                                                                                      Purpose; 4.030 (3)(A);
                                                                                      4.030(4)(A), (B), (C);
                                                                                      4.030(6)(A), 4.030(7)(B)2
                                                                                      and 7; 4.050(11), (12);
                                                                                      5.010(1)(B); 5.010(2)(E);
                                                                                      6.010(4)(B)2; 6.010(6)(A);
                                                                                      6.020 Purpose; 6.020(5);
                                                                                      6.020(7)(A); 6.030(1)(C),
                                                                                      (D), (I); 6.030(2)(C);
                                                                                      6.040(5)(B)1.E;
                                                                                      6.040(16)(C)1 and 3;
                                                                                      6.050(1); 6.050(5)(B)11,
                                                                                      (C), and (C)1;
                                                                                      6.050(7)(D)1; 6.050(9)(C)3
                                                                                      and 4, (D)3, (E);
                                                                                      6.050(11)(A), (A)1.A, 2
                                                                                      and 3, (B), (C), (F);
                                                                                      6.050(17)(B); 6.060(4)(C)1
                                                                                      and 5, (D)1, (E)5;
                                                                                      6.070(3) and (3)(B);
                                                                                      6.070(4)(A); 6.070(5)(B)4;
                                                                                      6.070(8)(C), (D)3;
                                                                                      6.070(10) (D);
                                                                                      6.090(4)(B)2; 6.090(6)(A);
                                                                                      6.090(7); 6.100(1)(I);
                                                                                      6.100(2)(C); 6.120(5)(E);
                                                                                      6.120(7)(A), (A)2 and 3,
                                                                                      (B)1, (C), (F);
                                                                                      6.120(12)(D)1;
                                                                                      6.120(14)(B)10, (C)1;
                                                                                      6.120(15)(B);
                                                                                      7.011(6)(A)8, (D)2.C(II),
                                                                                      5.A and C, 8; 7.021(1)(C)
                                                                                      and (D); 7.021(2)(A), (B)5
                                                                                      and 6; 7.021(3)(C) and
                                                                                      (D); 8.010(1) (A)9, 12,
                                                                                      52.C, 59, 73, 82, 87, 89,
                                                                                      and 97B; 8.030(1)(F)4.A
                                                                                      and (G); 8.030(6)(A)3 and
                                                                                      (B)1; 8.030(10)(A);
                                                                                      8.030(12)(C); 8.050
                                                                                      Purpose; 8.050(1);
                                                                                      8.050(2)(B); 8.050(5)(A)
                                                                                      and (B); 8.050(9)(A);
                                                                                      8.070(2)(C)1.A(II)(a)
                                                                                      [partial approval] and
                                                                                      10.F, (F), (G).
----------------------------------------------------------------------------------------------------------------


    4. Section 925.16 is amended by removing and reserving paragraphs 
(b), (f)(1), (g), (p)(5), (p)(9), (p)(10), (p)(11), (p)(12), (p)(14), 
(p)(16), (p)(18), (p)(21), (q), (q)(2), and (u); by revising paragraphs 
(p), (p)(4), and (p)(20) and adding paragraph (v) to read as follows:


Sec. 925.16  Required program amendments.

* * * * *
    (p) By May 10, 2002, Missouri shall amend its program as follows:
* * * * *
    (4) At 10 CSR 40-3.240 by providing performance standards that 
address air quality in a manner no less effective than the Federal 
regulations at 30 CFR 817.95(a).
* * * * *
    (20) At 10 CSR 40-8.070(2)(C)1.A(II)(a) and (b) to revise the 
definition of cumulative measurement period to provide appropriate 
dates for the end of the period for which cumulative production and 
revenue is reported that are no earlier than September 29, 1992, in 
accordance with the Federal regulation requirements at 30 CFR 
702.5(a)(2)(i) and (ii).
* * * * *
    (v) By May 10, 2002, Missouri must submit either an amendment or a 
description of an amendment to be proposed, together with a timetable 
for adoption of proposed revisions to remove its provisions at 10 CSR 
40-3.040(10)(O)3.C and 40-3.200(10)(O)3.C.

    5. Section 925.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 925.25  Approval of Missouri abandoned mine land reclamation plan 
amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
    Original amendment submission date            Date of final  publication             Citation/description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
October 5, 2000..........................  May 9, 2001.............................  10 CSR 40-9.020(1)(D)4 and
                                                                                      (F).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 01-11635 Filed 5-8-01; 8:45 am]
BILLING CODE 4310-05-P


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