Rule2023-20019
Missouri AML Plan
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
September 20, 2023
Effective
October 20, 2023
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 Abandoned Mine Land Reclamation Fund and Abandoned Mine Reclamation and Restoration regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment was submitted in response to two executive orders by the Governor of Missouri. Each State agency was directed to review and amend their regulations to ensure that they were efficient, effective, and necessary, and to significantly reduce the volume of regulations. Missouri's amendments to their regulations will replace text to improve clarity and remove redundant sections already addressed under their Abandoned Mine State Reclamation Plan or elsewhere in their statutes and regulations (hereinafter, the Missouri Plan).
Full Text
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<title>Federal Register, Volume 88 Issue 181 (Wednesday, September 20, 2023)</title>
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[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64803-64806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20019]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SATS No. MO-049-FOR; Docket ID: OSM-2019-0001; S1D1S SS08011000
SX064A000 234S180110; S2D2S SS08011000 SX064A000 23XS501520]
Missouri AML Plan
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 Abandoned Mine Land
Reclamation Fund and Abandoned Mine Reclamation and Restoration
regulations under the Surface Mining Control and Reclamation Act of
1977 (SMCRA or the Act). The amendment was submitted in response to two
executive orders by the Governor of Missouri. Each State agency was
directed to review and amend their regulations to ensure that they were
efficient, effective, and necessary, and to significantly reduce the
volume of regulations. Missouri's amendments to their regulations will
replace text to improve clarity and remove redundant sections already
addressed under their Abandoned Mine State Reclamation Plan or
elsewhere in their statutes and regulations (hereinafter, the Missouri
Plan).
DATES: Effective October 20, 2023.
FOR FURTHER INFORMATION CONTACT: William Joseph, Chief, Alton Field
Division, Office of Surface Mining Reclamation and Enforcement, 501
Belle Street, Suite 216, Alton, Illinois 62002. Telephone (618) 463-
6460. Email: <a href="/cdn-cgi/l/email-protection#31535b5e42544159715e425c43541f565e47"><span class="__cf_email__" data-cfemail="05676f6a7660756d456a766877602b626a73">[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. OSMRE's Decision
VI. Statutory and Executive Order Reviews
I. Background on the Missouri Program
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act (30 U.S.C. 1201 et seq.) in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and other authorized
activities. Section 405 of the Act allows States and Tribes to assume
exclusive responsibility for reclamation activity within the State or
on Tribal lands if they develop and submit for approval to the
Secretary of the Interior a program (often referred to as a plan) for
the reclamation of abandoned coal mines. On the basis of these
criteria, the Secretary of the Interior approved the Missouri Plan
effective January 29, 1982. You can find background information on the
Missouri Plan, including the Secretary's findings, the disposition of
comments, and the conditions of approval of the Missouri Plan in the
January 29, 1982, Federal Register (47 FR 4253). You can also find
later actions concerning the Missouri Plan and amendments to the Plan
at 30 CFR 925.20 and 925.25.
II. Submission of the Amendment
By letter dated March 6, 2019 (Administrative Record No. MO-685),
Missouri sent us an amendment to its Abandoned Mine Land Reclamation
Fund and Abandoned Mine Reclamation and Restoration regulations under
SMCRA (30 U.S.C. 1201 et seq.) on its own initiative. We announced
receipt of the proposed amendment in the May 10, 2019, Federal Register
(84 FR 20597). 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 one was not requested. We did not receive any public
comments on the proposed amendment. The public comment period ended on
June 10, 2019.
III. OSMRE's Findings
The following are the findings we made concerning the amendment
under SMCRA and the Federal regulations at 30 CFR 884. We are approving
the amendment as described below.
Missouri Executive Order 17-03 (January 10, 2017) and Missouri
Executive Order 18-04 (June 29, 2018) directed Missouri State agencies
to review and revise existing state regulations to reduce textual
length and regulatory burden. Several of Missouri's revisions were
proposed in response to these Orders.
Missouri proposed to add more specific statutory citations to
section 10 CSR 40-9.010. We find the additional citations to be
relevant and appropriate for inclusion.
Missouri proposed to replace the phrase ``shall include:'' with
``includes:'' in 10 CSR 40-9.010(2) with the goal of increasing
clarity. We find that this change does not alter the meaning of the
regulation, and therefore we approve the change.
Missouri proposed to revise 10 CSR 40-9.010 (3) from ``the fund
shall be used . . .'' to ``the fund are to be used . . .'' (emphasis
added). The State has determined that this change provides better
clarity. OSMRE finds that this change does not alter the meaning of the
regulation, and therefore we approve the change.
Missouri proposed to revise section 10 CSR 40-9.020(1), replacing
``shall be used to offset the cost of reclamation . . .'' with ``are to
be used to offset the cost of reclamation . . .'' (emphasis added).
Missouri further proposed changing ``if not required for further
reclamation . . .'' to ``if not needed for further reclamation . . .''
(emphasis added). Missouri offers these changes in the assertion it
improves the clarity of the regulation. OSMRE finds this does not alter
the meaning of the regulation and approves.
Missouri proposed to remove paragraphs 10 CSR 40-9.020(4) and (5)
from their regulations entirely. These paragraphs address reclamation
objectives and priorities as well as reclamation project evaluation
factors. Reclamation goals and objectives are already included in State
law at Mo.
[[Page 64804]]
Rev. Stat. Sec. 444.915 and in the Missouri Plan section titled Goals
and Objectives--884.13(c)(1), pages C-1-1 through C-1-6. Reclamation
project evaluation factors are already addressed in the Missouri Plan
section Project Ranking and Selection--884.13(c)(2), pages C-2-1
through C-2-7. We find the sections included in the statute and
Missouri Plan have met the requirements of 30 CFR 884.13(c)(1) and (2),
thereby rendering the referenced regulatory paragraphs unnecessary and
we approve their removal from the regulations.
Missouri proposed to amend 10 CSR 40-9.030(2)(B) to replace the
term ``general welfare'' with ``environment'' with the stated goal of
aligning with the Federal regulation. The Federal regulation, however,
uses the term ``general welfare.'' Nevertheless, we find that
Missouri's program remains consistent with the Federal regulation under
the proposed amendment. Even if the term ``environment'' could be
construed as a term with a more limited meaning than ``general
welfare,'' we note that Missouri's statute construes entry as an
exercise of the police power for ``the protection of public health,
safety, and general welfare . . .'' Mo. Rev. Stat. Sec. 444.925(4).
Thus, Missouri's proposed amendment does not make Missouri's program
inconsistent with the Federal requirements.
Missouri proposed to change 10 CSR 40-9.030(2)(c) to replace
``Entry required to investigate and explore reported emergency
conditions will be governed by 10 CSR 40-9.030(4)'' with ``Entry
necessary to investigate and explore emergency conditions will be
governed by 10 CSP 40-9.030(4)'' (emphasis added). Missouri determined
this change provided increased clarity. OSMRE finds this change does
not alter the meaning of the regulation, and therefore we approve the
change.
Missouri proposed to amend 10 CSR 40-9.030(3)(B)(2) by replacing
the term ``the general welfare'' with ``environment.'' For the reasons
stated above, we find that Missouri's proposal is consistent with
Federal requirements.
Missouri proposed to change 10 CSR 40-9.030(3) from ``The owner of
the land or water resources where entry must be made to restore, . .
.'' to ``The owner of the land or water resources where entry is
necessary to restore, . . .'' (emphasis added). Missouri determined
this change improves the clarity of the regulation. OSMRE finds the
change does not alter the meaning of the regulation, and therefore we
approve the change.
Missouri proposed to revise 10 CSR 40-9.030(3)(C) to read ``The
notice shall be in writing and mailed, return receipt requested''
instead of ``The notice shall be requested in writing and shall be
mailed, return receipt requested'' (emphasis added). The State
determined removing the second ``shall be'' improved the readability of
the regulation. OSMRE approves of this non-substantive change.
Missouri proposed to amend 10 CSR 40-9.040 to add more specific
statutory citations. OSMRE approves the proposal because the additional
citations are relevant and appropriate.
Missouri proposed to remove sections 10 CSR 40-9.040(1)(A)(1),
(A)(2), and (B) and replace these sections with a cross-reference to
the State statute: Mo. Rev. Stat. Sec. 444.925.1. The information
contained in the deleted sections is included by reference to 30 CFR
part 879 in section C-4-2 of the Missouri Plan and in Mo. Rev. Stat.
Sec. 444.925. The program remains as effective as the Federal
counterpart regulation by including the necessary information by
reference. Therefore, we approve this change.
In 10 CSR 40-9.040(2), Missouri proposed to update the citation
``Interagency Land Acquisition Conference 1973'' to ``Interagency Land
Acquisition Conference 2016''. We approve Missouri's proposal as
consistent with the Federal requirement in 30 CFR 879.12(d).
Missouri proposed to revise 10 CSR 40-9.050 to change the citations
to the State statutes (Mo. Rev. Stat. Sec. Sec. 444.825.5 and
444.825.6) in the current regulation to the correct citations (Mo. Rev.
Stat. Sec. Sec. 444.925.5 and 444.925.6). OSMRE approves of this
correction.
Missouri proposed to edit 10 CSR 40-9.050 to remove paragraphs
(1)(B) and (1)(C) in their entirety. As background, section 407(f) of
SMCRA authorizes the Secretary of the Interior to ``provide by
regulation that money derived from the lease, rental, or user charges
of such acquired land and facilities thereon will be deposited in the
fund.'' 30 U.S.C. 1237(f). Federal implementing regulations at 30 CFR
879.14 provide: ``Procedures for collection of user charges or the
waiver of such charges by the OSM, State, or Indian tribe shall provide
that all user fees collected shall be deposited in the appropriate
Abandoned Mine Reclamation Fund.'' Missouri's previously approved
regulations at 10 CSR 40-9.050(1)(B)-(C) provide that any user of
acquired land must be charged a use fee and that such use fees will be
deposited in the fund in accordance with 10 CSR 40-9.010. Missouri
proposed to continue to allow use of acquired land under 10 CSR 40-
9.050(A), which is not proposed to be amended, while deleting the
provisions about user fees in 10 CSR 40-9.050(1)(B)-(C). Nevertheless,
we find that Missouri continues to meet the requirements of 30 CFR
879.14 because a separate provision, 10 CSR 40-9.010(2)(B), specifies
that monies collected by the State from charges for uses of acquired or
reclaimed lands will be treated as revenue to the abandoned mine
reclamation fund. Therefore, we approve this change.
Missouri proposed to revise 10 CSR 40-9.050(2)(E) to read, ``All
monies received from the disposal of land under this rule will be de-
obligated and returned to the office,'' instead of ``All monies
received from the disposal of land under this rule shall be deposited
in the abandoned mine land fund.'' ``Office'' is defined in 10 CSR
40.9010(1) as OSMRE. More specific details outlining this requirement
can be found in the Missouri Plan contained in section 30 C-4-2, which
states that the provisions of 30 CFR part 879 will be followed. 30 CFR
879.15(b)(2)(h), in turn, dictates: ``We will handle all monies
received under this paragraph as unused funds in accordance with Sec.
886.20 of this Chapter.'' We find this change to be no less effective
than the Federal counterpart, and therefore we approve the change.
The State proposed to revise 10 CSR 40-9.060(1) to remove the word
``required'' and replace it with ``necessary.'' The State asserts that
this change improves clarity and complies with Executive Order 17-03.
OSMRE finds this does not alter the meaning of the regulation, and
therefore we approve the change.
The State proposed to revise 10 CSR 40-9.060(2) to remove the word
``require'' and replace it with ``necessitates.'' The State asserts
that this improves clarity and complies with Executive Order 17-03.
OSMRE finds this does not alter the meaning of the regulation, and
therefore we approve the change.
Missouri proposed removal of ``acquired title prior to May 2, 1977
and who'' from 10 CSR 40-9.060(3)(2). OSMRE removed this date under a
2008 amendment to 30 CFR 882.13 (73 FR 35236). This revision aligns the
amended language exactly to the Federal counterpart; therefore, it is
no less effective, and we approve the change.
The State proposed to revise 10 CSR 40-9.060(3) to remove the word
``shall'' and replace it with ``will.'' The State asserts that this
improves clarity and complies with Missouri Executive Order 17-03.
OSMRE finds this proposal does
[[Page 64805]]
not alter the meaning of the regulation, and therefore we approve the
change.
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, under 30 CFR 732.17(h)(11)(i), we requested
comments on the amendment from various Federal agencies with an actual
or potential interest in the Missouri program (Administrative Record
No. MO-685). We did not receive any comments.
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-685). 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 Missouri
amendment (Administrative Record No. MO-685). We did not receive
comments from the SHPO or the ACHP.
V. OSMRE's Decision
Based on the above findings, we are approving Missouri's submittal
sent to us on March 6, 2019 (Administrative Record No. MO-685) because
the proposed amendments are consistent with Federal standards.
To implement this decision, we are amending the Federal
regulations, at 30 CFR part 925, that 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 405 of SMCRA requires that each State with an abandoned mine
reclamation program must have an approved State regulatory program
pursuant to Section 503 of the Act. Section 503(a) of SMCRA requires
that the State's program 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 would not effect 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,13563--Improving
Regulation and Regulatory Review, and 14094--Modernizing Regulatory
Review
Executive Order 12866, as amended by Executive Order 14094,
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 plan amendments are exempted from OMB review under Executive
Order 12866, as amended by Executive Order 14094. 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 amendment
that 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 reclamation
program, implements and administers SMCRA and its implementing
regulations at the state level. This rule approves an amendment to the
Missouri reclamation 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 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 Missouri plan, which 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
[[Page 64806]]
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
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. We are not required to
provide a detailed statement under the National Environmental Policy
Act of 1969 because this rule qualifies for a categorical exclusion
under the U.S. Department of the Interior Departmental Manual, part
516, section 13.5(B)(29).
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 OMB under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required.
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 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.
William L. Joseph,
Acting Regional Director, OSMRE IRs 3, 4 and 6.
For the reasons set out in the preamble, 30 CFR part 925 is amended
as follows:
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. 925.25 amend the table by adding an entry for ``March 6,
2019'' at the end of the table to read as follows:
Sec. 925.25 Approval of Missouri abandoned mine land reclamation plan
amendments.
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Original amendment submission date Date of final publication Citation/description
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* * * * * * *
March 6, 2019......................... September 20, 2023............ 10 CSR 40-9.010 through 40-9.060.
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[FR Doc. 2023-20019 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P
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