[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Rules and Regulations]
[Pages 16490-16492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8788]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[SPATS No. IA-009-FOR]
Iowa Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Iowa regulatory
program (hereinafter referred to as the ``Iowa program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa
proposed revisions to its rules pertaining to the prompt repair or
compensation for material damage caused by subsidence to non-commercial
buildings and occupied residential dwellings and related structures and
the replacement of drinking, domestic and residential water supplies
that have been adversely impacted by underground coal mining
operations. The amendment is intended to revise the Iowa program to be
consistent with the corresponding Federal regulations.
EFFECTIVE DATE: April 7, 1997.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Regulatory Program
Specialist, Office of Surface Mining, Mid-Continent Regional
Coordinating Center, Alton Federal Building, 501 Belle Street, Alton,
Illinois 62002. Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
II. Submission of the Program Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Iowa Program
On January 21, 1981, the Secretary of Interior conditionally
approved the Iowa program, effective April 10, 1981. General background
information on the Iowa program, including the Secretary's findings,
the disposition of comments, and the conditions of approval of the Iowa
program can be found in the January 21, 1981, Federal Register (46 FR
5885). Subsequent actions concerning Iowa's program and program
amendments can be found at 30 CFR 915.10, 915.15, and 915.16.
II. Submission of the Proposed Amendment
By letter dated December 4, 1996 (Administrative Record No. IA-
424), and pursuant to SMCRA, Iowa submitted a proposed amendment. The
amendment was in response to a May 20, 1996, letter (Administrative
Record No. IA-420) that OSM sent to the State in accordance with 30 CFR
732.17(c).
OSM announced receipt of the proposed amendment in the December 26,
1996, Federal Register (61 FR 67967), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on January 27, 1997.
During its review of the amendment, OSM identified concerns
relating to Iowa Administrative Code (IAC) 40.4(10), Definitions for
``material damage'' and ``occupied residential dwelling and structures
related thereto''; IAC 40.38(3)(a), Pre-subsidence survey; IAC
40.38(3)(b), Subsidence control plan; IAC 40.64(7), Repair of damage;
and IAC 40.64(8), Drinking, domestic, or residential water supply. OSM
notified Iowa of these concerns by telephone facsimile (fax) on January
10, 1997 (Administrative Record No. IA-431), and by telephone on
February 20, 1997 (Administrative Record No. IA-434).
By letters dated February 3 and 24, 1997 (Administrative Record
Nos. IA-430 and IA-433, respectively), Iowa responded to OSM's concerns
by submitting additional explanatory information and/or revisions to
its proposed program amendment.
Iowa proposed additional revisions to IAC 40.4(10), Definitions for
``material damage'' and ``occupied residential dwelling and structures
related thereto''; IAC 40.38(3)(a), Pre-subsidence survey; IAC
40.38(3)(b), Subsidence control plan; IAC 40.64(7), Repair of damage;
and IAC 40.64(8), Drinking, regulation, IAC 40.64(9), pertaining to
subsidence control. These additional revisions concerned the correction
of citation references, cross-references, and typographical errors.
Therefore, the public comment period was not reopened.
[[Page 16491]]
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes, or revised cross-references and paragraph notations to
reflect organizational changes resulting from this amendment.
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Topic State regulations Federal counterpart regulations
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Definitions:
``Drinking, domestic or IAC 40.4(10)....................... 30 CFR 701.5.
residential water supply,''
``Material damage,'' ``Non-
commercial building,'' ``Occupied
residential dwelling and
structures related thereto,'' and
``Replacement of water supply''.
Hydrologic information:
Probable hydrologic consequences IAC 40.38(2)....................... 30 CFR 784.14(e)(3)(iv).
determination.
Subsidence control plan............... IAC 40.38(3)....................... 30 CFR 784.20.
Subsidence control:
Measures to prevent or minimize IAC 40.64(6)....................... 30 CFR 817.121(a).
damage.
Subsidence control:
Repair of damage.................. IAC 40.64(7)....................... 30 CFR 817.121(c).
Drinking, domestic, or residential IAC 40.64(8)....................... 30 CFR 817.41(j).
water supply.
Subsidence control.................... IAC 40.64(9)....................... 30 CFR 817.121(b).
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that Iowa's
proposed rules are no less effective than the Federal rules and is
approving them.
The Director notes that the word ``reasonable'' at IAC
40.64(7)(c)(4)(v) should be ``reasonably,'' and he is requiring Iowa to
correct this spelling error before the final rule is promulgated.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Iowa program. OSM received only
two comments; one from the U.S. Army Corps of Engineers and the other
from the U.S. Department of Labor, Mine Safety and Health
Administration (Administrative Record Nos. IA-426 and IA-427,
respectively). The U.S. Army Corps of Engineers responded that the
changes in the State's program were satisfactory. The U.S. Department
of Labor, Mine Safety and Health Administration responded that it had
no comments regarding the proposed rule.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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 Iowa proposed to make in this amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. IA-425). EPA did
not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
IA-425). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Iowa on December 4, 1996, and as revised on
February 3 and 24, 1997.
The Director approves the rules as proposed by Iowa with the
provision that they be fully promulgated in identical form to the rules
submitted to the reviewed by OSM and the public.
As discussed in III. Director's Findings, the Director is requiring
Iowa to correct the aforementioned spelling error before the State
promulgates the final rule.
The Federal regulations at 30 CFR Part 915, codifying decisions
concerning the Iowa program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This 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 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 proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the
[[Page 16492]]
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
No environmental impact statement is required for this rule since
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 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. Accordingly, this rule will ensure that existing requirements
previously promulgated 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
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 915
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 20, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 915 is amended
as set forth below:
PART 915--IOWA
1. The authority citation for Part 915 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 915.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 915.15 Approval of Iowa regulatory program amendments.
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Original amendment submission Date of final Citation/
date publication description
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* * * * *
December 4, 1996................ April 7, 1997..... IAC 40.4(10); .38
(2) and (3); 64
(6) through (9).
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[FR Doc. 97-8788 Filed 4-4-97; 8:45 am]
BILLING CODE 4310-05-M
