Permanent program and abandoned mine land reclamation plan submissions: Various States,

[Federal Register: April 26, 1999 (Volume 64, Number 79)]

[Rules and Regulations]

[Page 20164-20168]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26ap99-20]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 901, 904, 913, 914, 915, 916, 918, 925, 936, and 943

[Technical Amendment No. MCRCC-01]

Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Louisiana, Missouri, Oklahoma, and Texas Abandoned Mine Land Reclamation Plans and Regulatory Programs

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

ACTION: Final rule; technical amendment.

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is making technical amendments to 30 CFR Chapter VII, Subchapter T. We are updating or adding addresses for the locations of the publicly available copies of State Abandoned Mine Land Reclamation (AMLR) plans and regulatory programs; revising or correcting the codification of sections approving State AMLR plans and regulatory programs; and making other minor codification changes. These changes will ensure awareness of the current locations where the public may inspect State AMLR plans and regulatory programs. They will also provide consistency throughout the sections codified at Subchapter T.

EFFECTIVE DATE: April 26, 1999.

FOR FURTHER INFORMATION CONTACT: Charles E. Sandberg, Office of Surface Mining, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, Illinois 62002. Telephone: (618) 463-6460. Internet: Csandber@mcrgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   Since July 1, 1998, the date of the most recent revision to Title 30 of the Code of Federal Regulations (30 CFR Part 700 to End), we became aware of changes that we needed to make to 30 CFR Chapter VII, Subchapter T.

   [[Page 20165]]

   1. We are updating State and OSM addresses at 30 CFR Parts 901, 904, 913, 914, 915, 916, 918, 925, 936, and 943 to accurately indicate where copies of the Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Louisiana, Missouri, Oklahoma, and Texas AMLR plans and regulatory programs are available for public inspection and copying.

   2. We are taking this opportunity to revise the language of sections approving the Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Louisiana, Missouri, and Texas AMLR plans and regulatory programs so that they are accurate and consistent.

   3. We are also making other needed codification changes to the Arkansas and Missouri regulatory programs as discussed below:

   1. In the June 30, 1995, Federal Register, OSM announced its approval, with additional requirements, of a proposed amendment to the Arkansas regulatory program (60 FR 34138). In Finding 4 and 30 CFR 904.16(b), we required Arkansas to delete the phrase ``and section 15(d)(1)'' from section 13(k) of the Arkansas Surface Coal Mining and Reclamation Act of 1979 (ASCMRC). By letter dated March 16, 1999 (Administrative Record No. AR-563), Arkansas notified OSM that it had deleted the phrase ``and section 15(d)(1)'' from section 13(k) of the ASCMRC and from the legislative counterpart, the Arkansas Code Annotated (ACA) at section 15-58-503(a)(3). Therefore, we are removing the required amendment at 30 CFR 904.16(b).

   2. By letter dated April 2, 1999, Arkansas notified OSM that the ``Arkansas Department of Pollution Control and Ecology'' had its name changed to the ``Arkansas Department of Environmental Quality'' by the Arkansas General Assembly Act 1219 of 1997, effective March 31, 1999 (Administrative Record No. AR-564). We are taking this opportunity to make this name change in the State regulatory program approval section at 30 CFR 904.10(a) and in the Arkansas abandoned mine land reclamation plan approval section at 30 CFR 904.20(a).

   3. In the Federal Register notice announcing the Department of the Interior's approval of Missouri's original program, the Secretary at 30 CFR 925.10(b) affirmatively disapproved several provisions of Missouri's program that incorporated suspended or remanded Federal regulations (November 21, 1980, 45 FR 77017). The affirmative disapprovals were based upon an order of the U.S. District Court for the District of Columbia. The order required the Secretary to ``affirmatively disapprove * * * those segments of a State program that incorporate a suspended or remanded regulation'' (In re: Permanent Surface Mining Regulation Litigation, Civil Action 79-1144, May 16, 1980, Mem. Op. at 49). In a State program amendment dated October 10, 1990, Missouri adequately addressed the one remaining affirmatively disapproved provision codified at 30 CFR 925.10(b)(1). This disapproved provision concerned Missouri's regulation at 10 CSR 40-8.010-75

   [recodified as 10 CSR 40-8.010(1)(A)84] . The disapproved regulation pertained to a definition of ``roads'' that is used in sections 10 CSR 40-3.140(1)-(21). Missouri addressed this issue by proposing revisions to its regulations concerning performance standards for roads at 10 CSR 40-3.140(1)-(21). OSM approved the proposed revisions on September 29, 1992 (57 FR 44660). Because Missouri adequately addressed the disapproval codified at 30 CFR 925.10(b)(1), we are taking this opportunity to remove it.

2. Procedural Determinations

   1. Administrative Procedure Act

      The revisions contained in this rulemaking are technical in nature. So, under 5 U.S.C. 553(b)(B), we determined that the notice and public comment procedures of the Administrative Procedure Act are unnecessary. For the same reason, we determined that under 5 U.S.C. 553(d), there is good cause to make the rule effective on the date of publication in the Federal Register.

   2. Executive Order 12866

      The Office of Management and Budget (OMB) exempts this rule from review under Executive Order 12866 (Regulatory Planning and Review).

   3. Executive Order 12988

      The Department of the Interior conducted the reviews required by section 3 of Executive Order 12988 (Civil Justice Reform) and determined that, to the extent allowed by law, this rule meets the applicable standards of subsections (a) and (b) of that section. This rule (1) does not preempt any State, Tribal, or local laws or regulations; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging its provisions.

   4. National Environmental Policy Act

      We reviewed this rule and determined that it is categorically excluded from the National Environmental Policy Act (NEPA) process under the Departmental Manual (516 DM 2, appendix 1.10) and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 1507.3).

   5. 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.).

   6. Regulatory Flexibility Act

      The Department of the Interior 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.). This rule merely revises addresses and makes other minor changes to the information contained in the regulations.

   7. Unfunded Mandates

      We determined and certify under 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 Parts 901, 904, 913, 914, 915, 916, 918, 925, 936, and 943

      Abandoned mine land reclamation program, Intergovernmental relations, Surface mining, Underground mining.

      Dated: April 15, 1999. Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating Center.

      For the reasons set out in the preamble, OSM is amending 30 CFR Parts 901, 904, 913, 914, 915, 916, 918, 925, 936, and 943 as set forth below:

      PART 901--ALABAMA

   1. The authority citation for part 901 continues to read as follows:

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

   2. Section 901.10 is revised to read as follows:

      Sec. 901.10 State regulatory program approval.

      The Secretary conditionally approved the Alabama regulatory program, as resubmitted on January 11, 1982, and clarified in a meeting with OSM on April 9, 1982, and in a letter to OSM on May 14, 1982, effective May 20, 1982. He removed the last condition of program approval effective July 18, 1996. Copies of the approved program are available at:

      (a) Alabama Surface Mining Reclamation Commission, 1811 Second Avenue, 2nd Floor, P.O. Box 2390, Jasper, AL 35502.

      [[Page 20166]]

      (b) Office of Surface Mining Reclamation and Enforcement, Birmingham Field Office, Barber Business Park, 135 Gemini Circle, Homewood, AL 35209.

   3. Section 901.20 is revised to read as follows:

      Sec. 901.20 Approval of Alabama abandoned mine land reclamation plan.

      The Secretary approved the Alabama abandoned mine land reclamation plan, as submitted on May 29, 1981, and revised on August 13, 1981, effective May 20, 1982. Copies of the plan are available at:

      (a) Alabama Department of Industrial Relations, 649 Monroe Street, Montgomery, AL 36131.

      (b) Office of Surface Mining Reclamation and Enforcement, Birmingham Field Office, Barber Business Park, 135 Gemini Circle, Homewood, AL 35209.

      PART 904--ARKANSAS

   4. The authority citation for part 904 continues to read as follows:

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

   5. Section 904.10 is revised to read as follows:

      Sec. 904.10 State regulatory program approval.

      The Secretary conditionally approved the Arkansas regulatory program, as submitted on February 18, 1980, amended on May 29, 1980, and July 2, 1980, and clarified on July 29, 1980, August 8, 1980, August 14, 1980, and August 29, 1980, effective November 21, 1980. He fully approved the Arkansas regulatory program, as amended on September 2, 1980, January 19, 1981, and March 12, 1981, effective January 22, 1982. Copies of the approved program are available at:

      (a) Arkansas Department of Environmental Quality, 8001 National Drive, P.O. Box 8913, Little Rock, AR 72219-8913.

      (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

   6. Section 904.16 is removed and reserved.

   7. Section 904.20 is revised to read as follows:

      Sec. 904.20 Approval of Arkansas abandoned mine land reclamation plan.

      The Secretary approved the Arkansas abandoned mine land reclamation plan, as submitted on July 7, 1982, effective May 2, 1983. Copies of the approved plan are available at:

      (a) Arkansas Department of Environmental Quality, 8001 National Drive, P.O. Box 8913, Little Rock, AR 72219-8913.

      (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

      PART 913--ILLINOIS

   8. The authority citation for part 913 continues to read as follows:

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

   9. Section 913.10 is revised to read as follows:

      Sec. 913.10 State regulatory program approval.

      The Secretary conditionally approved the Illinois regulatory program, as submitted on March 3, 1980, amended and clarified on June 16, 1980, resubmitted on December 22, 1981, clarified in a meeting with OSM on March 18 and 19, 1982, and clarified in material submitted April 13, 1982, effective June 1, 1982. He fully approved the Illinois regulatory program, as amended on March 28, 1986, and March 22, 1987, effective September 6, 1989. Copies of the approved program are available at:

      (a) Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, 300 W. Jefferson Street, Suite 300, Springfield, IL 62701.

      (b) Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, Southern District Field Office, 503 E. Main Street, Benton, IL 62812.

      (c) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 46204.

   10. Section 913.20 is revised to read as follows:

       Sec. 913.20 Approval of Illinois abandoned mine land reclamation plan.

       The Secretary approved the Illinois abandoned mine land reclamation plan, as submitted on July 20, 1980, effective June 1, 1982. Copies of the approved plan are available at:

       (a) Illinois Department of Natural Resources, Office of Mines and Minerals, Abandoned Mine Land Reclamation Division, 300 W. Jefferson Street, Suite 300, Springfield, IL 62701.

       (b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 46204-1521.

       PART 914--INDIANA

   11. The authority citation for part 914 continues to read as follows:

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

   12. Section 914.10 is revised to read as follows:

       Sec. 914.10 State regulatory program approval.

       The Secretary conditionally approved the Indiana regulatory program, as submitted on March 3, 1980, amended and clarified on June 4, 1980, resubmitted on September 28, 1981, and clarified on December 8, 1981, April 8, 1982, May 18-19, 1982 and May 26, 1982, effective July 29, 1982. He fully approved the Indiana program, as amended on April 19 and 28, 1983, effective August 19, 1983. Copies of the approved program are available at:

       (a) Indiana Department of Natural Resources, Room W-295, 402 West Washington Street, Indianapolis, IN 46204.

       (b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, Room 301, 575 North Pennsylvania Street, Indianapolis, IN 46204-1521.

   13. Section 914.20 is revised to read as follows:

       Sec. 914.20 Approval of Indiana abandoned mine land reclamation plan.

       The Secretary approved the Indiana abandoned mine land reclamation plan, as submitted on December 7, 1981, on July 26, 1982, effective July 29, 1982. Copies of the approved plan are available at:

       (a) Indiana Department of Natural Resources, Division of Reclamation, R.R. 2, Box 129, Jasonville, IN 47438-9517.

       (b) Office of Surface Mining Reclamation and Enforcement, Indianapolis Field Office, Minton-Capehart Federal Building, Room 301, 575 North Pennsylvania Street, Indianapolis, IN 46204-1521.

       PART 915--IOWA

   14. The authority citation for part 915 continues to read as follows:

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

   15. Section 915.10 is revised to read as follows:

       Sec. 915.10 State regulatory program approval.

       The Secretary approved the Iowa regulatory program, as submitted February 28, 1980, and amended and clarified on June 11, 1980, and December 15, 1980, effective April 10, 1981. Copies of the approved program are available at:

       [[Page 20167]]

       (a) Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation, Henry A. Wallace Building, E. 9th and Grand Streets, Des Moines, IA 50319.

       (b) Office of Surface Mining Reclamation and Enforcement, Mid- Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.

   16. Section 915.20 is revised to read as follows:

       Sec. 915.20 Approval of Iowa abandoned mine land reclamation plan.

       The Secretary approved the Iowa abandoned mine land reclamation plan, as submitted on December 17, 1982, effective March 28, 1983. Copies of the approved plan are available at:

       (a) Iowa Department of Agriculture and Land Stewardship, Division of Soil Conservation, Henry A. Wallace Building, E. 9th and Grand Streets, Des Moines, IA 50319.

       (b) Office of Surface Mining Reclamation and Enforcement, Mid- Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.

       PART 916--KANSAS

   17. The authority citation for part 916 continues to read as follows:

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

   18. Section 916.10 is revised to read as follows:

       Sec. 916.10 State regulatory program approval.

       The Secretary conditionally approved the Kansas regulatory program, as submitted on February 26, 1980, and amended on October 31, 1980, effective January 21, 1981. He fully approved the Kansas program, as amended on May 20, 1981, effective April 14, 1982. Copies of the approved program are available at:

       (a) Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, KS 66763.

       (b) Office of Surface Mining Reclamation and Enforcement, Mid- Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.

   19. Section 916.20 is revised to read as follows:

       Sec. 916.20 Approval of Kansas abandoned mine land reclamation plan.

       The Secretary conditionally approved the Kansas abandoned mine land reclamation plan, as submitted on October 1, 1981, effective February 1, 1982. He fully approved the Kansas plan, as amended by Kansas House Bill No. 2994 on April 14, 1982, and Kansas House Bill No. 2516 on May 2, 1983, and removed all conditions prohibiting the funding of State abandoned mine land construction grants, effective June 3, 1983. Copies of the approved plan are available at:

       (a) Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, KS 66763.

       (b) Office of Surface Mining Reclamation and Enforcement, Mid- Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.

       PART 918--LOUISIANA

   20. The authority citation for part 918 continues to read as follows:

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

   21. Section 918.10 is revised to read as follows:

       Sec. 918.10 State regulatory program approval.

       The Secretary approved the Louisiana regulatory program, as submitted on January 3, 1980, and resubmitted on September 4, 1980, effective October 10, 1980. Copies of the approved program are available at:

       (a) Louisiana Department of Natural Resources, Office of Conservation, Injection and Mining Division, 625 N. 4th Street, P.O. Box 94275, Baton Rouge, LA 70804-9275.

       (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

   22. Section 918.20 is revised to read as follows:

       Sec. 918.20 Approval of Louisiana abandoned mine land reclamation plan.

       The Secretary approved the Louisiana abandoned mine land reclamation plan, as submitted on February 3, 1986, effective December 10, 1986. Copies of the approved plan are available at:

       (a) Louisiana Department of Natural Resources, Office of Conservation, Injection and Mining Division, 625 N. 4th Street, P.O. Box 94275, Baton Rouge, LA 70804-9275.

       (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

       PART 925--MISSOURI

   23. The authority citation for part 925 continues to read as follows:

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

   24. Section 925.10 is revised to read as follows:

       Sec. 925.10 State regulatory program approval.

       The Secretary approved the Missouri regulatory program, as submitted on February 1, 1980, and amended and clarified on May 14, 1980, effective November 21, 1980. He fully approved the Missouri program, as amended on September 7, 1982, and October 13, 1982, effective January 17, 1983. Copies of the approved program are available at:

       (a) Missouri Department of Natural Resources, Land Reclamation Program, 205 Jefferson Street, P.O. Box 176, Jefferson City, MO 65102.

       (b) Office of Surface Mining Reclamation and Enforcement, Mid- Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.

   25. Section 925.20 is revised to read as follows:

       Sec. 925.20 Approval of the Missouri abandoned mine land reclamation plan.

       The Secretary approved the Missouri abandoned mine land reclamation plan, as submitted on September 11, 1981, effective January 29, 1982. Copies of the approved plan are available at:

       (a) Missouri Department of Natural Resources, Land Reclamation Program, 205 Jefferson Street, Jefferson City, MO 65102.

       (b) Office of Surface Mining Reclamation and Enforcement, Mid- Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.

   26. Section 925.25 is amended by removing paragraph (a) and redesignating paragraph (b) as the introductory paragraph.

       PART 936--OKLAHOMA

   27. The authority citation for part 936 continues to read as follows:

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

   28. Section 936.10 is revised to read as follows:

       Sec. 936.10 State regulatory program approval.

       The Secretary conditionally approved the Oklahoma regulatory program, as submitted on February 28, 1980, amended on June 11, 1980, and resubmitted on December 8, 1980, effective January 19, 1981. He fully approved the Oklahoma program, as amended on August 15, 1985, effective January 14, 1986. Copies of the approved program are available at:

       (a) Oklahoma Department of Mines, 4040 N. Lincoln, Suite 107, Oklahoma City, OK 73105.

       (b) Office of Surface Mining Reclamation and Enforcement, Tulsa

       [[Page 20168]]

       Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

   29. Section 936.20 is revised to read as follows:

       Sec. 936.20 Approval of Oklahoma abandoned mine land reclamation plan.

       The Secretary approved the Oklahoma abandoned mine land reclamation plan, as submitted on July 30, 1981, effective January 21, 1982. Copies of the approved plan are available at:

       (a) Oklahoma Conservation Commission, 2800 N. Lincoln Blvd., Suite 160, Oklahoma City, OK 73105.

       (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

       PART 943--TEXAS

   30. The authority citation for part 943 continues to read as follows:

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

   31. Section 943.10 is revised to read as follows:

       Sec. 943.10 State regulatory program approval.

       The Secretary approved the Texas regulatory program, as submitted on July 20, 1979, and amended on November 13, 1979, and December 20, 1979, effective February 16, 1980. Copies of the approved program are available at:

       (a) Surface Mining and Reclamation Division, Railroad Commission of Texas, Capitol Station, P.O. Box 12967, Austin, TX 78711.

       (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

   32. Section 943.20 is revised to read as follows:

       Sec. 943.20 Approval of Texas abandoned mine land reclamation plan.

       The Secretary approved the Texas abandoned mine land reclamation plan, as submitted on April 24, 1980, and amended on May 30, 1980, June 2, 1980, and June 4, 1980, effective June 23, 1980. Copies of the approved plan are available at:

       (a) Surface Mining and Reclamation Division, Railroad Commission of Texas, Capitol Station, P.O. Box 12967, Austin, TX 78711.

       (b) Office of Surface Mining Reclamation and Enforcement, Tulsa Field Office, 5100 East Skelly Drive, Suite 470, Tulsa, OK 74135-6548.

       [FR Doc. 99-10382Filed4-23-99; 8:45 am]

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