Permanent program and abandoned mine land reclamation plan submissions: Kansas,

[Federal Register: July 26, 1999 (Volume 64, Number 142)]

[Proposed Rules]

[Page 40323-40326]

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

[DOCID:fr26jy99-21]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 916

[SPATS No. KS-021-FOR]

Kansas Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public hearing.

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of an amendment to the Kansas regulatory program (Kansas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Kansas is proposing to condense and revise its previously approved revegetation success guidelines. The amendment is intended to revise the Kansas program to be consistent with the corresponding Federal regulations and to improve operational efficiency.

This document gives the times and locations that the Kansas program and the amendment to that program are available for public inspection, the comment period during which you may submit written comments on the proposed amendment, and the procedures that will be followed for the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.d.t., August 25, 1999. If requested, we will hold a public hearing on the amendment on August 20, 1999. We will accept requests to speak at the hearing until 4:00 p.m., c.d.t. on August 10, 1999.

ADDRESSES: You should mail or hand deliver written comments and requests to speak at the hearing to John Coleman, Mid-Continent Regional Coordinating Center, at the address listed below.

You may review copies of the Kansas program, the amendment, a listing of any scheduled public hearings, and all written comments received in response

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to this document at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSM's Mid-Continent Regional Coordinating Center.

John Coleman, Mid-Continent Regional Coordinating Center, Office of Surface Mining, Alton Federal Building, 501 Belle Street, Alton, Illinois, 62002, Telephone: (618) 463-6460.

Kansas Department of Health and Environment, Surface Mining Section, 4033 Parkview Drive, Frontenac, Kansas 66763, Telephone (316) 231-8540.

FOR FURTHER INFORMATION CONTACT: John Coleman, Mid-Continent Regional Coordinating Center. Telephone: (618) 463-6460. Internet: jcoleman@mcrgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

1. Background on the Kansas Program

   On January 21, 1981, the Secretary of the Interior conditionally approved the Kansas program. You can find general background information on the Kansas program, including the Secretary's findings, the disposition of comments, and the conditions of approval in the January 21, 1981, Federal Register (46 FR 5892). You can find later actions concerning the Kansas program at 30 CFR 916.10, 916.12, 916.15, and 916.16.

2. Description of the Proposed Amendment

   By letter dated July 12, 1999 (Administrative Record No. KS-616), the Kansas Department of Health and Environment, Surface Mining Section (SMS) sent us an amendment to the Kansas program under SMCRA. The SMS sent the amendment in response to deficiencies that we identified in Kansas' revegetation success guidelines in a final rule decision on August 19, 1992 (57 FR 37430). The amendment also includes changes made at the SMS's own initiative. The SMS proposes to amend the Kansas revegetation success guidelines entitled ``Revegetation Standards for Success and Statistically Valid Sampling Techniques for Measuring Revegetation Success.'' A brief summary of the changes are discussed below. The full text of the program amendment is available for your inspection at the locations listed above under ADDRESSES.

   1. Preface

      Kansas revised the preface to reflect the current revisions to its revegetation success guidelines. Kansas also removed language from the preface that was not approved by us in the August 19, 1992, final rule decision. The removed language appeared to exempt specific permits from possible revisions to reflect the success standards and sampling techniques in Kansas' revegetation success guidelines.

   2. Introduction

      Kansas made minor revisions to the existing language and added the following new paragraph:

      In adopting the aforementioned references, the operator is required to use a statistically valid sampling technique at a 90% or greater statistical confidence as approved by the SMS in consultation with the United States Department of Agriculture (USDA), Natural Resource Conservation Service (NRCS). Furthermore, success standards for each permit will be based on the most current county survey in place at the time of the permit's issuance.

   3. Definitions

      Kansas defined the following terms that are used throughout the Kansas revegetation success guidelines: A.U.M.; Cropland; Diverse; Effective; Forage; Historically Cropped; KDWP; KSU; NRCS; Permanent; Previously Mined; Prime Farmland; and SMS.

   4. Tables

      Kansas added four new tables. Table 1 contains productivity and ground cover vegetation requirements for Phase II and Phase III bond release of pasture land and grazing land; wildlife habitat, recreation, shelter belts, and forest products; and industrial, commercial, or residential land uses. Table 2 lists productivity and ground cover vegetation requirements for Phase II and Phase III bond release of prime farmland. Table 3 contains productivity and ground cover vegetation requirements for Phase II and Phase II bond release of cropland. Table 4 provides the suggested minimum number of samples by size of area being evaluated for corn, soybeans, wheat/oats, sorghum, and forage crops.

   5. Chapter I. Ground Cover Success

      Kansas consolidated the substantive provisions of its currently approved ground cover success standards for all land uses in this chapter. Section A covers the standard for ground cover on topsoiled areas. Section B discusses the standard for ground cover on previously mined areas. Section C provides the standard for ground cover on wildlife habitat areas. Section D contains standards for ground cover on industrial, commercial, or residential areas with topsoil. Sections E and F provide general information on ground cover sampling criteria and techniques. Section G contains specific pre-mining ground cover sampling techniques. Section H provides specific post-mining ground cover sampling criteria. Finally, Section I covers specific post-mining ground cover sampling techniques.

   6. Chapter II. Forage Production Success Standard

      Kansas revised and consolidated the substantive provisions of its currently approved forage production success standards for all applicable land uses in this chapter. Kansas also added whole field harvest to the methods of data collection for forage. Section A discusses the use of the USDA-NRCS crop yield database that is listed by soil mapping units in the published county soil surveys for Kansas and the USDA-NRCS database in the Technical Guide Notice KS-145 (Appendix B). Section B contains information on methods of calculation using the Animal Unit Month (A.U.M.) values listed in the USDA-NRCS soil surveys for Kansas. Section C provides productivity standards for prime farmland forage crops. Section D covers the productivity standard for previously mined lands reconstructed to pasture and grazing land. Section E contains information on the productivity standard for pasture and grazing land. Section F discusses the use of representative areas, with test plots, or whole field harvesting as methods for data collection. Section G contains forage crop production sampling criteria. Finally, Section H provides forage crop production sampling techniques.

   7. Chapter III. Productivity Standard Databases for Row Crops

      Kansas revised and consolidated the substantive provisions of its currently approved row crop production success standards for prime and non-prime farmland in this chapter. Kansas also added corn as an acceptable row crop. Section A discusses the acceptable row crops for revegetation productivity. Section B contains information on the method of row crop production success standard calculations. Section C provides row crop sampling criteria. Section D contains methods for data collection involving representative areas, with test plots, and whole field harvesting. Section E provides productivity sampling criteria for prime farmland row crops. Section F discusses productivity sampling criteria for non-prime farmland cropland row crops. Finally, Section G contains row crop sampling techniques involving test plots and whole field harvest for grain sorghum (milo), wheat, soybeans, and corn. In response to deficiencies that we identified in the August 19, 1992, final rule decision on Kansas' current

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      revegetation success guidelines, Kansas revised its row crop sampling techniques for grain sorghum and wheat to require a determination of statistical sample adequacy based on sample weights corrected to a standard moisture content.

   8. Chapter IV. Stem Density

      Kansas consolidated its productivity success standards for trees and shrubs in this chapter. Section A discusses the general success standards for fish and wildlife habitat, recreation, shelter belts, and forest products land uses. Section B contains the Phase II and Phase III productivity success standards for these land uses. Section C provides information on productivity sampling criteria. Section D contains stem density sampling techniques. Section E discusses previously mined areas that are reclaimed to fish and wildlife habitat, recreation, shelter belts, or forest products land uses.

   9. References

      Kansas listed the technical reports, studies and other documents used in developing its revegetation success guidelines.

   10. Appendix A, Plant Species List

       This appendix lists plant species, tree species, shrub and vine species, and legume species. It lists the plant species that are unacceptable for all land uses, with the following exception. All plant species listed are acceptable for the fish and wildlife habitat land use unless they are marked with an asterisk (*). It lists the acceptable tree species for fish and wildlife habitat, recreation, shelter belts, and forest products land uses. It also lists the acceptable shrub and vine species for fish and wildlife habitat, recreation, and shelter belt land uses. Finally, Appendix A lists the acceptable legume species based on land use for revegetation productivity and ground cover.

   11. Appendix B, Methods of Production Success Standard Calculations

       Kansas is proposing a new Animal Unit Month (A.U.M.) value for use in calculating forage production. Kansas defines the A.U.M. as the monthly average pounds of forage needed to support each 1,000 pounds of cattle. Kansas submitted calculations and documentation to support an A.U.M. equal to 760 pounds. The documentation included two methods of calculating forage production based on A.U.M. per soil type for cool season grass seed mixtures and warm season grass seed mixtures. Appendix B also contains tables showing two methods of calculating the success standard for grain sorghum by soil type and soybeans by soil type.

   12. Appendix C, Planting Reports

       This appendix contains the following reports: Mining Section Planting Report; Cropland Seeding Report; Forage/Pastureland Seeding Report; Woodland/Wildlife Seeding and Planting Report; Wildlife Seeding Mixture Report; and Annual Production and Ground Cover Survey.

   13. Appendix D, Reference Area Criteria

       Kansas moved its previously approved provisions for reference areas to Appendix D.

   14. Appendix E, Representative Sample Field Area Definition and Test Plot Criteria

       This appendix discusses the use of data from representative sample field areas to prove row crop production success. This data is obtained from individual row crop test plots.

3. Public Comment Procedures

   Under the provisions of 30 CFR 732.17(h), we are requesting comments on whether the proposed amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Kansas program.

   Written Comments

   Your written comments should be specific and pertain only to the issues proposed in this rulemaking. You should explain the reason for any recommended change. In the final rulemaking, we will not necessarily consider or include in the Administrative Record any comments received after the time indicated under DATES or at locations other than the Mid-Continent Regional Coordinating Center.

   Public Hearing

   If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.d.t. on August 10, 1999. We will arrange the location and time of the hearing with those persons requesting the hearing. If you are disabled and need special accommodation to attend a public hearing, contact the individual listed under FOR FURTHER INFORMATION CONTACT. The hearing will not be held if no one requests an opportunity to speak at the public hearing.

   You should file a written statement at the time you request the hearing. This will allow us to prepare adequate responses and appropriate questions. The public hearing will continue on the specified date until all persons scheduled to speak have been heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing 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. If you wish to meet with us to discuss the amendment, request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We also make a written summary of each meeting a part of the Administrative Record.

4. Procedural Determinations

   Executive Order 12866

   The Office of Management and Budget (OMB) exempts this rule from review 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 regulatory programs and program amendments since each such program is drafted and promulgated by a specific State, not by OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on State regulatory programs and program amendments must be based solely on a determination of whether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of 30 CFR parts 730, 731, and 732 have been met.

   National Environmental Policy Act

   This rule does not require an environmental impact statement since section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on State regulatory program provisions do not constitute major Federal actions within the meaning of section 102(2)(C)

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   of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

   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 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. Therefore, this rule will ensure that existing requirements previously published by OSM will be implemented by the State. 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.

   Unfunded Mandates

   OSM has determined and certifies 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 Part 916

   Intergovernmental relations, Surface mining, Underground mining.

   Dated: July 19, 1999. Brent Wahlquist, Regional Director, Mid-Continent Regional Coordinating Center.

   [FR Doc. 99-18946Filed7-23-99; 8:45 am]

   BILLING CODE 4310-05-P