[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Rules and Regulations]
[Pages 11829-11830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6192]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 918
[SPATS No. LA-015-FOR]
Louisiana Regulatory Program; Approval of Amendment
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is approving a proposed amendment to the Louisiana
regulatory program (hereinafter referred to as the ``Louisiana
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of the addition of a
definition for ``replacement of water supply'' to the Louisiana Surface
Mining Regulations (LSMR). The amendment is intended to revise the
Louisiana program to be consistent with the corresponding Federal
regulations.
EFFECTIVE DATE: March 11, 1998.
FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Louisiana Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Louisiana Program
On October 10, 1980, the Secretary of the Interior conditionally
approved the Louisiana program. Background information on the Louisiana
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the October
10, 1980, Federal Register (45 FR 67340). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 918.15 and 918.16.
II. Submission of the Proposed Amendment
By letter dated December 4, 1997 (Administrative Record No. LA-
363), Louisiana submitted a proposed amendment to its program pursuant
to SMCRA. Louisiana submitted the proposed amendment in response to a
July 2, 1996, letter (Administrative Record No. 358) that OSM sent to
Louisiana in accordance with 30 CFR 732.17(c). Louisiana proposed to
amend section 105 of the Louisiana Surface Mining Regulations by adding
a definition for ``replacement of water supply.''
OSM announced receipt of the proposed amendment in the January 7,
1998, Federal Register (63 FR 712), and in the same document opened the
public comment period and provided an opportunity for a public hearing
or meeting on the adequacy of the proposed amendment. The public
comment period closed on February 6, 1998, and because no one requested
a public hearing or meeting, none was held.
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.
LSMR Section 105 Definitions. Louisiana the following definition
concerning the replacement of water supplies that have been adversely
impacted by coal mining operations.
Replacement of water supply--with respect to protected water
supplies contaminated, diminished, or interrupted by coal mining
operations, provision of water supply on both a temporary and
permanent basis equivalent to premining quantity and quality.
Replacement includes provision of an equivalent water delivery
system and payment of operation and maintenance costs in excess of
customary and reasonable delivery costs for premining water
supplies.
a. Upon agreement by the permittee and the water supply owner,
the obligation to pay such operation and maintenance costs may be
satisfied by a one-time payment in an amount which covers the
present worth of the increased annual operation and maintenance
costs for a period agreed to by the permittee and the water supply
owner.
b. If the affected water supply was not needed for the land use
in existence at the time of loss, contamination, or diminution, and
if the supply is not needed to achieve the postmining land use,
replacement requirements may be satisfied by demonstrating that a
suitable alternative water source is available and could feasibly be
developed. If the latter approach is selected, written concurrence
must be obtained from the water supply owner.
Louisiana's proposed definition contains language that is
substantively the same as the counterpart Federal definition for
``replacement of water supply'' at 30 CFR 701.5. Therefore, the
Director finds that the proposed definition at section 105 of the
Louisiana Surface Mining Regulations is no less effective than the
Federal definition.
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the proposed amendment, but none
were received.
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 Louisiana program
(Administrative Record No. LA-363.03).
The U.S. Army Corps of Engineers responded by letter dated January
27, 1998, that it found the changes to be satisfactory (Administrative
Record No. LA-363.04).
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
[[Page 11830]]
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
Louisiana proposed to make in this amendment pertain to air or water
quality standards. Therefore, OSM did not request the EPA's
concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from the EPA (Administrative Record No. LA-363.01).
The 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.
LA-363.02). Neither the 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 Louisiana on December 4, 1997.
The Director approves the regulation as proposed by Louisiana with
the provision that it be fully promulgated in identical form to the
regulation submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 918, codifying decisions
concerning the Louisiana 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 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
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 918
Intergovernmental relations, Surface mining, Underground mining.
Dated: February 25, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 918 is amended
as set forth below:
PART 918--LOUISIANA
1. The authority citation for Part 918 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 918.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 918.15 Approval of Louisiana regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
December 4, 1997..................... March 11, 1998............... LSMR section 105.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 98-6192 Filed 3-10-98; 8:45 am]
BILLING CODE 4310-05-M
