Rule2022-01667
Missouri Regulatory Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 28, 2022
Effective
February 28, 2022
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As a result of Missouri's Red Tape Reduction Initiative (Executive Order 17-03), Missouri proposes amendments and rescissions to its Missouri Coal Mining Regulations in order to reduce the volume of these regulations without reducing the program's requirements. Missouri proposed amendments to multiple sections of its regulations to incorporate by reference the corresponding Federal regulations. Missouri also proposed to rescind multiple sections of its regulations that will be incorporated by reference in the aforementioned proposed amended sections. Missouri intends these revisions to its program to remain as effective as the Federal regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Rules and Regulations]
[Pages 4498-4501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01667]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SATS No. MO-048-FOR; Docket ID: OSM-2019-0001; S1D1S SS08011000
SX064A000 212S180110; S2D2S SS08011000 SX064A000 21XS501520]
Missouri Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Missouri regulatory program
(Missouri program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). As a result of Missouri's Red Tape
Reduction Initiative (Executive Order 17-03), Missouri proposes
amendments and rescissions to its Missouri Coal Mining Regulations in
order to reduce the volume of these regulations without reducing the
program's requirements. Missouri proposed amendments to multiple
sections of its regulations to incorporate by reference the
corresponding Federal regulations. Missouri also proposed to rescind
multiple sections of its regulations that will be incorporated by
reference in the aforementioned proposed amended sections. Missouri
intends these revisions to its program to remain as effective as the
Federal regulations.
DATES: The effective date is February 28, 2022.
FOR FURTHER INFORMATION CONTACT: Bill Joseph, Chief, Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Suite 216, Alton, Illinois 62002. Telephone: (618) 463-
6463 extension 5109. Email: <a href="/cdn-cgi/l/email-protection#9cfef6f3eff9ecf4dcf3eff1eef9b2fbf3ea"><span class="__cf_email__" data-cfemail="fa989095899f8a92ba958997889fd49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Missouri Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. Statutory and Executive Order Reviews
I. Background on the Missouri Program
Subject to OSMRE's oversight, Section 503(a) of the Act permits a
State to assume primacy for the regulation of surface coal mining and
reclamation operations on non-Federal and non-Indian lands within its
borders by demonstrating that its program includes, among other things,
State laws and regulations that govern surface coal mining and
reclamation operations in accordance with the Act and consistent with
the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7).
Based on these criteria, the Secretary of the Interior
conditionally approved the Missouri program effective November 21,
1980. You can find background information on the Missouri program,
including the Secretary's findings, the disposition of comments, and
conditions of approval of the Missouri program in the November 21,
1980, Federal Register (45 FR 77027). You can also find later actions
concerning the Missouri program and program amendments at 30 CFR
925.10, 925.12, 925.15 and 925.16.
II. Submission of the Amendment
By letter dated February 8, 2019 (Administrative Record No. MO-
684), Missouri sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.) at its own initiative.
We announced the receipt of the proposed amendment in the May 1,
2019, Federal Register (84 FR 18433). 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. We did not hold a
public hearing or meeting because no one requested one. We did not
receive any public comments on the proposed
[[Page 4499]]
amendment. The public comment period ended on May 31, 2019.
III. OSMRE's Findings
We are approving the amendment as described below. The following
are findings we made concerning Missouri's amendment under SMCRA and
the Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that
we do not specifically discuss below concerning non-substantive wording
or editorial changes can be found in the full text of the program
amendment available at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Missouri proposes to amend the following sections of the Missouri
Coal Mining Regulations to incorporate by reference to corresponding
Federal regulations:
10 CSR 40-3.060--Requirements for the Disposal of Excess Soil
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR 780.35.
10 CSR 40-3.170--Signs and Markers for Underground Operations
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR part 817, with the exception of 30 CFR
817.10, Information Collection, and a modification to section
817.61(c)(1). As required by 30 CFR 817.61(c)(1) after approval of a
state blasting certification program, Missouri will require all
blasting operations to be conducted under the direction of a certified
blaster. This modification does not make the Missouri regulation less
effective than the corresponding federal regulation.
10 CSR 40-4.020--Auger Mining Requirements
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR 785.20.
10 CSR 40-4.040--Operations on Steep Slopes
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR 785.15.
10 CSR 40-4.060--Concurrent Surface and Underground Mining
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR 785.18.
10 CSR 40-4.070--In Situ Processing
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR 785.22.
10 CSR 40-6.100--Underground Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information
Missouri proposes to incorporate by reference the Federal
regulations found in 30 CFR parts 783 and 784.
We find that Missouri's proposed amendments to these sections do
not make its rules or regulations less effective than the corresponding
Federal regulations, as the Federal regulations are being incorporated
by reference. The proposed modifications were found not to compromise
the effectiveness of the incorporated Federal regulations; therefore,
we are approving Missouri's revisions.
Missouri also proposes to rescind the following sections of the
Missouri Coal Mining Regulations as they have been incorporated in the
aforementioned proposed amended sections:
10 CSR 40-3.180--Casing and Sealing of Exposed Underground Openings
10 CSR 40-3.190--Requirements for Topsoil Removal, Storage and
Redistribution for Underground Operations
10 CSR 40-3.200--Requirements for the Protection of the Hydrologic
Balance for Underground Operations
10 CSR 40-3.210--Requirements for the Use of Explosions for Underground
Operations
10 CSR 40-3.220--Disposal of Underground Development Waste and Excess
Spoil
10 CSR 40-3.230--Requirements for the Disposal of Coal Processing Waste
for Underground Operations
10 CSR 40-3.240--Air Resource Protection for Underground Operations
10 CSR 40-3.250--Requirements for the Protection of Fish, Wildlife and
Related Environmental Values and Protection of Fish, Wildlife and
Related Environmental Values and Protection Against Slides and Other
Damage
10 CSR 40-3.260--Requirements for Backfilling and Grading for
Underground Operations
10 CSR 40-3.270--Revegetation Requirements for Underground Operations
10 CSR 40-3.280--Requirements for Subsidence Control Associated With
Underground Mining Operations
10 CSR 40-3.290--Requirements for Road and Other Transportation
Associated With Underground Operations
10 CSR 40-3.300--Postmining Land Use Requirements for Underground
Operations
10 CSR 40-3.310--Coal Recovery, Land Reclamation and Cessation of
Operation for Underground Operations
10 CSR 40-6.110--Underground Mining Permit Applications Minimum
Requirements for Information on Environmental Resources
10 CSR 40-6.120--Underground Mining Permit Applications Minimum
Requirements for Reclamation and Operations Plan
We find that Missouri's proposal to rescind these sections do not
make its rules or regulations less effective than the corresponding
Federal regulations, as the Federal regulations are being incorporated
by reference in the aforementioned proposed amended sections.
Therefore, we are approving Missouri's rescissions.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment. As noted in Section
II, we did not receive any public comments on this proposed amendment.
Federal Agency Comments
On February 14, 2019, pursuant to 30 CFR 732.17(h)(11)(i) and
Section 503(b) of SMCRA, we requested comments on the amendment from
various Federal agencies with an actual or potential interest in the
Missouri program (Administrative Record No. MO-684-02). We did not
receive any comments.
U.S. Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from 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 EPA to concur on the amendment. However, on
February 14, 2019, under 30 CFR 732.17(h)(11)(i), we requested comments
from the EPA on the amendment (Administrative Record No. MO-684-02).
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 February 14, 2019, we requested comments on the
amendment
[[Page 4500]]
(Administrative Record No. MO-684-02). We did not receive any comments.
V. OSMRE's Decision
Based on the above finding, we are approving the Missouri amendment
that was submitted on February 8, 2019 (Administrative Record No. MO-
684). To implement this decision, we are amending the Federal
regulations at 30 CFR part 925, which codify decisions concerning the
Missouri program. In accordance with the Administrative Procedure Act,
this rule will take effect 30 days after the date of publication.
Section 503(a) of SMCRA requires that the State's program must
demonstrate that the State has the capability of carrying out the
provisions of the Act and meeting its purposes. SMCRA requires
consistency of State and Federal standards.
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule does not affect a taking of private property or otherwise
have taking implications that would result in private property being
taken for government use without just compensation under the law.
Therefore, a takings implication assessment is not required. This
determination is based on an analysis of the corresponding Federal
regulations.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program amendments are exempted from
OMB review under Executive Order 12866. Executive Order 13563, which
reaffirms and supplements Executive Order 12866, retains this
exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by Section 3 of Executive Order 12988. The Department determined that
this Federal Register document meets the criteria of Section 3 of
Executive Order 12988, which is intended to ensure that the agency
review its legislation and proposed regulations to eliminate drafting
errors and ambiguity; that the agency write its legislation and
regulations to minimize litigation; and that the agency's legislation
and regulations provide a clear legal standard for affected conduct
rather than a general standard, and promote simplification and burden
reduction. Because Section 3 focuses on the quality of Federal
legislation and regulations, the Department limited its review under
this Executive Order to the quality of this Federal Register document
and to changes to the Federal regulations. The review under this
Executive Order did not extend to the language of the State regulatory
program amendment that the State of Missouri drafted.
Executive Order 13132--Federalism
This rule has potential Federalism implications as defined under
Section 1(a) of Executive Order 13132. Executive Order 13132 directs
agencies to ``grant the States the maximum administrative discretion
possible'' with respect to Federal statutes and regulations
administered by the States. Missouri, through its approved regulatory
program, implements and administers SMCRA and its implementing
regulations at the state level. This rule approves an amendment to the
Missouri program submitted and drafted by the State and, thus, is
consistent with the direction to provide maximum administrative
discretion to States.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175, and we have determined that it has no
substantial direct effects on federally recognized Tribes or on the
distribution of power and responsibilities between the Federal
government and Tribes. Therefore, consultation under the Department's
tribal consultation policy is not required. The basis for this
determination is that our decision is on the State program and does not
include Tribal lands or regulation of activities on Tribal lands.
Tribal lands are regulated independently under the applicable, approved
Federal program.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
Executive Order 13045--Protection of Children From Environmental Health
Risks and Safety Risks
This rule is not subject to Executive Order 13045 because this is
not an economically significant regulatory action as defined by
Executive Order 12866; and this action does not address environmental
health or safety risks disproportionately affecting children.
National Environmental Policy Act
Consistent with Sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of Section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C).
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical, (OMB
Circular A-119 at p. 14). This action is not subject to the
requirements of section 12(d) of the NTTAA because application of those
requirements would be inconsistent with SMCRA.
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
[[Page 4501]]
Regulatory Flexibility Act
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's submittal, which is the subject
of this rule, is based upon corresponding Federal regulations for which
an economic analysis was prepared and certification made that such
regulations would not have a significant economic effect upon a
substantial number of small entities. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied upon the data and assumptions for the corresponding
Federal regulations.
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; and (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 on an analysis of the
corresponding Federal regulations, which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 925
Intergovernmental relations, Surface mining, Underground mining.
Alfred L. Clayborne,
Regional Director, DOI Unified Region 3, 4 and 6.
For the reasons set out in the preamble, 30 CFR part 925 is amended
as set forth below:
PART 925--MISSOURI
0
1. The authority citation for part 925 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. In Sec. 925.15 amend the table by adding an entry for ``February 8,
2019'' in chronological order by ``Date of final publication'' to read
as follows:
Sec. 925.15 Approval of Missouri regulatory program amendments.
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Date of final
Original amendment submission date publication Citation/description
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* * * * * * *
February 8, 2019..................... January 28, 2022....... 10 CSR 40-3.060; 40-3.170; 40-3.180; 40-3.190;
40-3.200; 40-3.210; 40-3.220; 40-3.230; 40-
3.240; 40-3.250; 40-3.260; 40-3.270; 40-3.280;
40-3.290; 40-3.300; 40-3.310; 40-4.020; 40-
4.040; 40-4.060; 40-4.070; 40-6.100; 40-6.110;
40-6.120.
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[FR Doc. 2022-01667 Filed 1-27-22; 8:45 am]
BILLING CODE 4310-05-P
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