83 FR 22849 - Missouri Regulatory Program

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

Federal Register Volume 83, Issue 96 (May 17, 2018)

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving, in part, an amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposed revisions to its coal Ownership and Control Rules. Missouri intends to revise its program to be no less effective than the Federal regulations and to improve operational efficiency.

[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Rules and Regulations]
[Pages 22849-22852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10482]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SATS No. MO-042-FOR; Docket ID: OSM-2014-0002; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Missouri Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval and required amendments.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving, in part, an amendment to the Missouri 
regulatory program (Missouri program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA or the Act). Missouri proposed 
revisions to its coal Ownership and Control Rules. Missouri intends to 
revise its program to be no less effective than the Federal regulations 
and to improve operational efficiency.

DATES: The effective date is June 18, 2018.

FOR FURTHER INFORMATION CONTACT: Len Meier, Division Chief, Alton Field 
Division, Office of Surface Mining Reclamation and Enforcement, 501 
Belle Street, Suite 216, Alton, IL 62002. Telephone: (618) 463-6460. 
Email: [email protected].

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. Procedural Determinations

I. Background on the Missouri Program

    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). On the basis of these criteria, the 
Secretary of the Interior conditionally approved the Missouri program 
on 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, in the November 21, 1980, 
Federal Register (45 FR 77027). You can also find later subsequent 
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 18, 2014 (Administrative Record No. MO-
679), Missouri sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Missouri submitted the amendment in response to a 
September 30, 2009, letter (Administrative Record No. MO-670A) that 
OSMRE had sent to Missouri in accordance with 30 CFR 732.17(c) and to 
improve operational efficiency. Missouri proposed revisions to Title 10 
of its Code of State Regulations (CSR) under Division 40 Land 
Reclamation Commission. The specific sections of 10 CSR 40 changed by 
Missouri's amendment are discussed in Part III OSMRE's Findings. 
Missouri revised its program to be no less effective than the Federal 
regulations, to change terms, add clarifying language, make grammatical 
changes, and correct reference errors.
    We announced receipt of the proposed amendment in the May 20, 2014, 
Federal Register (79 FR 28852). 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 neither was requested. The public comment 
period ended on June 19, 2014. We did not receive any public comments.

III. OSMRE's Findings

    The following are the findings we made concerning Missouri's 
amendment

[[Page 22850]]

revisions 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 
www.regulations.gov.

A. 10 CSR 40-6.030--Surface Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information

    Missouri revised paragraphs (1)(B)1 and 3, and subsections (2)(A) 
and (4)(C) of this part to clarify the information that must be 
provided in the permit application. We find that Missouri's revisions 
makes the regulations no less effective than the corresponding Federal 
regulations at 30 CFR 778.11(c), 778.12(a), 778.14(a), and 778.16(c), 
respectively. Therefore, we approve these revisions.
    OSMRE found that Missouri did not revise its regulations to include 
a counterpart to 30 CFR 778.11(b)(4), which requires information to be 
provided for, ``[e]ach business entity in the applicant's and 
operator's organizational structure, up to and including the ultimate 
parent entity of the applicant and operator.'' Additionally, paragraphs 
(1)(B) and (1)(C) require names and addresses for certain individuals 
on the application, but do not require telephone numbers, which is 
inconsistent with the requirements of 30 CFR 778.11(d)(1). We find that 
these omissions make Missouri's regulations in this section 
inconsistent with the corresponding Federal regulations at 30 CFR 
778.11(b)(4) and (d)(1).

B. 10 CSR 40-6.070--Review, Public Participation and Approval of Permit 
Applications and Permit Terms and Conditions

    Missouri revised subsection (7)(C) of this part by adding 
``operator'' in conjunction with the term ``applicant'' as an 
additional person on which permit application information must be 
collected. We find that Missouri's revision makes its regulations no 
less effective than the corresponding Federal regulations at 30 CFR 
773.14. Therefore, we approve Missouri's revision.
    Missouri revised subsections (8)(M) and (N) of this part by 
including requirements regarding lands eligible for remining and 
applicant eligibility as criteria for permit approval or denial. We 
find that Missouri's revisions make its regulations no less effective 
than the corresponding Federal regulations at 30 CFR 785.25 and 
773.15(n), respectively. Therefore, we approve Missouri's revisions.
    Missouri added paragraph (11)(A)4 and revised subsection (B) in 
this part regarding when the regulatory authority will consider a 
provisionally issued permit to be improvidently issued, under what 
conditions the permits will be suspended or rescinded if found to be 
improvidently issued, and the suspension and rescission procedures. We 
find that Missouri's revisions make its regulations no less effective 
than the corresponding Federal regulations at 30 CFR 773.21 through 
773.23. Therefore, we approve Missouri's revisions.

C. 10 CSR 40-6.100--Underground Mining Permit Applications--Minimum 
Requirements for Legal, Financial, Compliance, and Related Information

    Missouri revised subsections (1)(B) and (2)(A) of this part to 
clarify who must be identified and who must provide compliance 
information in a permit application. We find that Missouri's revisions 
make its regulations no less effective than the corresponding Federal 
regulations at 30 CFR 778.11 and 778.14, respectively. Therefore, we 
are approving Missouri's revisions.
    OSMRE found that Missouri did not revise its regulations to include 
a counterpart to 30 CFR 778.11(b)(4), which requires information to be 
provided for, ``[e]ach business entity in the applicant's and 
operator's organizational structure, up to and including the ultimate 
parent entity of the applicant and operator.'' Additionally, paragraphs 
(1)(B) and (1)(C) require names and addresses for certain individuals 
on the application, but do not require telephone numbers, which is 
inconsistent with the requirements of 30 CFR 778.11(d)(1). We find that 
these omissions make Missouri's regulations in this section 
inconsistent with the corresponding Federal regulations at 30 CFR 
778.11(b)(4) and (d)(1).

D. 10 CSR 40-8.030--Permanent Program Inspection and Enforcement

    Missouri revised subsection (6)(G) of this part by clarifying who 
is notified following the issuance of a cessation order. We find that 
Missouri's revision will make its regulations no less effective than 
the corresponding Federal regulations at 30 CFR 843.11(g). Therefore, 
we are approving Missouri's revision.
    Missouri also revised subsection (6)(H) of this part regarding post 
permit issuance information requirements. We find that Missouri's 
revision is substantively the same as the corresponding Federal 
regulations at 30 CFR 774.12. Therefore, we are approving Missouri's 
revision.

E. 10 CSR 40-8.040--Penalty Assessment

    Missouri revised subsection (5)(B) of this part by increasing the 
minimum civil penalty amount assessed each day from not less than $750 
to not less than $1,025. We find that Missouri's revision is 
substantively the same as the corresponding Federal regulations at 30 
CFR 845.15(b). Therefore, we are approving Missouri's revision.

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    On April 2, 2014, 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-679.01). 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 
April 2, 2014, under 30 CFR 732.17(h)(11)(i), we requested comments on 
the amendment from EPA (Administrative Record No. MO-679.01). The EPA 
did not respond to our request.

State Historic 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 April 2, 2014, under 30 CFR 732.17(h)(11)(i), we 
requested comments on the amendment (Administrative Record No. MO-
679.01), but neither the SHPO nor ACHP responded to our request.

[[Page 22851]]

V. OSMRE's Decision

    Based on the above findings, we are:
    1. Approving, in part, the amendment Missouri sent us on February 
18, 2014;
    2. not approving 10 CSR 40-6.030 and 40-6.100, pertaining to the 30 
CFR 778.11(b)(4) requirement for applicant and operator information 
provided in the permit application, and requiring Missouri to submit a 
proposed amendment, or a description of an amendment to be proposed, 
along with a timetable for enactment, at 30 CFR 925.16(v); and
    3. not approving 10 CSR 40-6.030(1)(B)-(C) and 40-6.100(1)(B)-(C), 
pertaining to the 30 CFR 778.11(d)(1) requirement to include telephone 
numbers for certain individuals in the permit application, and 
requiring Missouri to submit a proposed amendment, or a description of 
an amendment to be proposed, along with a timetable for enactment, at 
30 CFR 925.16(w).
    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 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. Procedural Determination

Executive Order 12630--Takings

    This rulemaking does not have takings implications. This 
determination is based on the analysis performed for the counterpart 
Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    Pursuant to Office of Management and Budget (OMB) Guidance dated 
October 12, 1993, the approval of state program amendments is exempted 
from OMB review under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by Section 3(a) of Executive Order 12988. The Department has determined 
that this Federal Register notice meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review 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 notice and to changes to the Federal regulations. The review 
under this Executive Order did not extend to the language of the State 
regulatory program or to the program amendment that the State of 
Missouri drafted.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] Federalism implications'' 
as defined by Section 1(a) of Executive Order 13132 because it does not 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Instead, this rule approves an amendment to the Missouri program 
submitted and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Section 2 and 
3 of the Executive Order and with the principles of cooperative 
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As 
such, pursuant to Section 503(a)(1) and (7)(30 U.S.C. 1253(a)(1) and 
(7)), OSMRE reviewed the program amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rulemaking on Federally-recognized Indian 
tribes and have determined that the rulemaking does not have 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes. The basis for this determination is that 
our decision is on a State regulatory program and does not involve 
Federal regulations involving Indian lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, 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 rulemaking is exempt from review under Executive 
Order 12866 and is not expected to have a significant adverse effect on 
the supply, distribution, or use of energy, a Statement of Energy 
Effects is not required.

National Environmental Policy Act

    This rulemaking does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rulemaking 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 certifies that this rulemaking 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 rulemaking, 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. In making the determination as to whether this rulemaking 
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 rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(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.

[[Page 22852]]

This determination is based upon the fact that the State submittal, 
which is the subject of this rulemaking, 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 rulemaking will not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of $100 million or 
more in any given year. This determination is based upon the fact that 
the State submittal, which is the subject of this rulemaking, is based 
upon counterpart Federal regulations for which an analysis was prepared 
and a determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 925

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 13, 2018.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
    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. Section 925.15 is amended in the table by adding an entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  925.15  Approval of Missouri regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
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                              * * * * * * *
April 18, 2014................  May 17, 2018.....  10 CSR 40-
                                                    6.030(1)(B)1., 3.,
                                                    (2)(A), and (4)(C);
                                                    6.070(7)(C), (8)(M),
                                                    (N), (11)(A)4., and
                                                    (B); 6.100(1)(B) and
                                                    (2)(A); 8.030(6)(G)
                                                    and (H); and
                                                    8.040(5)(B).
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0
3. Section 925.16 is amended by adding paragraphs (v) and (w) to read 
as follows:


Sec.  925.16  Required program amendments.

* * * * *
    (v) By November 19, 2018, Missouri shall submit a proposed 
amendment, or a description of an amendment to be proposed, along with 
a timetable for enactment, that will add a counterpart to 30 CFR 
778.11(b)(4), pertaining to the requirement for applicant and operator 
information provided in the permit application, at 10 CSR 40-6.030 and 
10 CSR 40-6.100.
    (w) By November 19, 2018, Missouri shall submit a proposed 
amendment, or a description of an amendment to be proposed, along with 
a timetable for enactment, that will add a counterpart to 30 CFR 
778.11(d)(1), pertaining to the requirement to include telephone 
numbers for certain individuals in the permit application, at 10 CSR 
40-6.030(1)(B)-(C) and 10 CSR 40-6.100(1)(B)-(C).

[FR Doc. 2018-10482 Filed 5-16-18; 8:45 am]
 BILLING CODE 4310-05-P