![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Missouri Abandoned Mine Land Reclamation Plan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 22, 1998 (Volume 63, Number 77)]
[Proposed Rules]
[Page 19874-19876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap98-31]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 925
[SPATS No. MO-034--FOR]
Missouri Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of a proposed amendment to the
Missouri Abandoned Mine Land Reclamation Plan (hereinafter referred to
as the ``Missouri plan'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1201 et seq., as amended.
The proposed amendment pertains to a formal request by the Missouri
Department of Natural Resources, Land Reclamation Commission, Land
Reclamation Program (LRP) to assume responsibility of the abandoned
mine land reclamation (AMLR) emergency program in Missouri. The
proposed amendment is intended to provide information to verify that
Missouri has the authority under its existing plan to conduct the AMLR
emergency program on behalf of OSM.
This notice sets forth the times and locations that the Missouri
plan and the proposed amendment to that plan will be available for
public inspection, the comment period during which interested persons
may submit written comments on the proposed amendment, and the
procedures that will be followed regarding the public hearing, if one
is requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t., May 22,
1998. If requested, a public hearing on the proposed amendment will be
held on May 18, 1998. Requests to speak at the hearing must be received
by 4:00 p.m., c.d.t., May 7, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Russell W. Frum, Mid-Continent Regional
Coordinating Center, at the address listed below.
Copies of the Missouri plan, the proposed amendment, a listing of
any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Mid-Continent Regional
Coordinating Center.
Russell W. Frum, Mid-Continent Regional Coordinating Center, Office
of Surface Mining Reclamation and Enforcement, Alton Federal Building,
501 Belle Street, Alton, Illinois 62002, Telephone: (618) 463-6460.
Missouri Department of Natural Resources, Land Reclamation Program,
205 Jefferson Street, P.O. Box 176, Jefferson City, Missouri 65102,
Telephone: (573) 751-4041.
FOR FURTHER INFORMATION CONTACT:
Russell W. Frum, Mid-Continent Regional Coordinating Center, Telephone:
(618) 463-6460.
I. Background on the Missouri Plan
On January 29, 1982, the Secretary of the Interior approved the
Missouri plan. Background information on the Missouri plan, including
the Secretary's findings, the disposition of comments, and the approval
of the plan can be found in the January 29, 1982, Federal Register (47
FR 4253). Subsequent actions concerning the Missouri plan and
amendments to the plan can be found at 30 CFR 925.25.
II. Description of the Proposed Amendment
Section 410 of SMCRA authorizes the Secretary to use funds under
the AMLR program to abate or control emergency situations in which
adverse effects of past coal mining pose an immediate danger to the
public health, safety, or general welfare. On September 29, 1982 (47 FR
42729), OSM invited States to amend their AMLR plans for the purpose of
undertaking emergency reclamation programs on behalf of OSM. States
would have to demonstrate that they have the statutory authority to
undertake emergencies, the technical capability to design and supervise
the emergency work, and the administrative mechanisms to quickly
respond to emergencies either directly or through contractors.
By letter dated March 31, 1998, (Administrative Record No. AML-MO-
103), Missouri submitted a proposed amendment to its plan pursuant to
SMCRA. Missouri submitted the proposed amendment at its own initiative.
This amendment is intended to demonstrate Missouri's capability to
effectively undertake the AMLR emergency program on behalf of OSM. The
proposed amendment would allow Missouri to assume the administration of
the AMLR emergency program in Missouri on behalf of OSM. In its formal
submittal, Missouri stated that a review of the Missouri plan indicates
that the authority already exists for the LRP to assume responsibility
for the AML emergency program. Missouri noted that the designation by
the governor and legal opinion of the state attorney general that is
included in its plan are applicable to all AML activities, including
the emergency program, and that all other existing policies and
procedures in its plan are adequate to cover the emergency program,
with two minor exceptions. These exceptions are being addressed in
Missouri's proposed amendment.
A. The following information, taken from the approved Missouri
plan, is included by reference in Missouri's formal submission to OSM
to verify that the authority already exists for the LRP to assume AMLR
emergency program responsibilities:
1. A letter from the Governor that designates the Missouri
Department of Natural Resources, Land Reclamation Commission as the
agency responsible for the Abandoned Mine Land Reclamation Program in
Missouri.
2. A legal opinion from the Attorney General that the Missouri
Department of Natural Resources, Land Reclamation Commission has the
power to
[[Page 19875]]
administer the Abandoned Mine Land Reclamation Program in Missouri.
3. A copy of the Missouri Land Reclamation Act (Revised Statutes of
Missouri (RSMo) sections 444.810, .825, .915, .920, .930, and .940).
RSMo section 444.915(5) authorizes the LRP to spend monies from the
State Abandoned Mine Reclamation Fund for restoration, reclamation,
abatement, control or prevention of adverse effects of coal mining
practices which constitutes an emergency.
4. A copy of the Missouri Abandoned Mine Land Reclamation Program
regulations (Code of State Regulations, 10 CSR 40-9.010, .020, .030,
.040, .050, and .060). Missouri's regulations at 10 CSR 40-9.030(4)
provides the right to enter upon any land where an amergency exists and
on any other land to have access to the land where the emergency exists
to restore, reclaim, abate, control or prevent the adverse effects of
coal mining practices and to do all things necessary or expedited to
protect the public health, safety or general welfare. Procedures are
provided for this entry.
B. Missouri submitted the following statement to demonstrate the
LRP's technical capability to design and supervise the emergency work:
Over the past four years, Missouri has successfully completed
several high priority shaft closure and four subsidence reclamation
projects. Although these were non-emergency projects, they were
completed in a timely manner and the scope of work was similar to
Missouri's past AML emergency projects. With six Land Reclamation
Specialists and a registered professional engineer on the AML
Section staff, the LRP has the technical capability to respond
rapidly to AML emergency situations. Project designs and contract
documents can be prepared in-house, avoiding the usual time delays
associated with procuring and coordinating consulting engineering
services agreements. The AML Section can also provide in-house
resident inspection services, since emergency reclamation projects
are typically of short duration.
C. Missouri proposes to update the following policy and procedure
sections of its plan to reflect that Missouri has the administrative
mechanisms to quickly respond to emergencies either directly or through
contractors:
1. Section 884.13(c)(6), Rights of Entry
Missouri proposed to remove the following language from this
section to reflect that it will now administer the emergency program:
Under most circumstances, emergency entries will be made upon
request from the Office of Surface Mining. This agency will perform
as its agent provided that the Land Reclamation Commission is
agreeable to such entry and has determined that an emergency does
exist.
2. Section 884.13(d)(3), Purchasing and Procurement
Missouri proposed to revise this section to show the current
procurement thresholds for services, supplies and products contracts.
The procurement threshold requiring the use of formal sealed bids is
being raised from $10,000 to $25,000. The procurement threshold
requiring compliance with State small purchase procedures is being
raised from $10,000 to $25,000. The negotiated procurement threshold is
being lowered from $10,000 to $3,000. Procurements in excess of $25,000
are to be recorded with the specified justification information.
Missouri's existing policy requires special justification if
procurements are in excess of $10,000.
D. After assuming the emergency program, Missouri would conduct
investigations of potential emergency sites, and following OSM
concurrence that emergency situations exist, perform remedial
reclamation. Missouri stated in its proposal that it would follow
procedures that are in compliance with Chapter 4-30, ``Characteristics
of Grantee-Administered Emergency Reclamation Activities'' of the
Federal Assistance Manual in administering the AMLR emergency program.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.15(a), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 884.14. If the amendment
is deemed adequate, it will become part of the Missouri plan.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Mid-Continent Regional
Coordinating Center will not necessarily be considered in the final
rulemaking or included in the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t. on May 7, 1998. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to speak at the public hearing, the hearing will not be
held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak will be heard following those who have
been scheduled. The hearing will end after all persons scheduled to
speak and persons present in the audience who wish to speak have been
heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget (OMB) under Executive Order 12866 (Regulatory
Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State and Tribal abandoned mine land reclamation plans and revisions
thereof since each such plan is drafted and promulgated by a specific
State or Tribe, not by OSM. Decisions on proposed abandoned mine land
reclamation plans and revisions thereof submitted by a State or Tribe
are based
[[Page 19876]]
on a determination of whether the submittal meets the requirements of
Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State or Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented. In making the
determination as to whether this rule would have a significant economic
impact, the Department relied upon the data and assumptions in the
analyses for the corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
List of Subjects in 30 CFR Part 925
Abandoned mine land reclamation, Intergovernmental relations,
Surface mining, Underground mining.
Dated: April 14, 1998.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-10580 Filed 4-21-98; 8:45 am]
BILLING CODE 4310-05-M