[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Rules and Regulations]
[Pages 68289-68291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31619]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 918
[SPATS No. LA-018-FOR]
Louisiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving an amendment to the Louisiana regulatory program
(Louisiana program) under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). Louisiana proposed revisions to and additions of
statutes concerning requirements for permit applications, eligibility
requirements for the Small Operator Assistance Program (SOAP), and
permit exemptions. Louisiana intends to revise the Louisiana program to
be consistent with SMCRA and the Louisiana Surface Mining Regulations.
EFFECTIVE DATE: December 7, 1999.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite
470, Tulsa, Oklahoma 74135-6548. Telephone: (918) 581-6430. Internet:
mwolfrom@tokgw.osmre.gov.
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 approved the
Louisiana program. You can find background information on the Louisiana
program, including the Secretary's findings and the disposition of
comments in the October 10, 1980, Federal Register (45 FR 67340). You
can find later actions concerning the Louisiana program at 30 CFR
918.15 and 918.16.
[[Page 68290]]
II. Submission of the Proposed Amendment
By letter dated August 23, 1999 (Administrative Record No. LA-364),
Louisiana sent us an amendment to its program under SMCRA. Louisiana
sent the amendment, which amends the Louisiana Revised Statutes (R.S.)
30:907 and 927, at its own initiative.
We announced receipt of the amendment in the September 10, 1999,
Federal Register (64 FR 49118). 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. The public comment period
closed on October 12, 1999. Because no one requested a public hearing
or meeting, we did not hold one.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings concerning the amendment.
A. Revisions to Louisiana's Statutes That Have the Same Meaning as the
Corresponding Provisions of the Federal Statutes and/or Regulations
The State statutes listed in the table below contain language that
is the same as or similar to the corresponding sections of the Federal
statutes and/or regulations. Differences between the State statutes and
the Federal statutes and/or regulations are minor.
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Federal counterpart
Topic State statute regulation and/or statute
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Application requirements: R.S. 30:907(B)(18)............................. Sec. 507(b)(13) of SMCRA;
description of the nature of 30 CFR 779.12(b) and
cultural, historical, and 780.31.
archaeological resources.
Application requirements: R.S. 30:907(B)(19)............................. Sec. 515(b)(24) of SMCRA;
description of fish and wildlife 30 CFR 780.16(a).
resources.
Application requirements: R.S. 30:907(B)(20)............................. Sec. 515(b)(24) of SMCRA;
description of how the operator 30 CFR 780.16(b).
will minimize disturbances.
Eligibility requirements for the R.S. 30:907(C)................................. Sec. 507(c)(1) of SMCRA.
Small Operator Assistance Program
(SOAP).
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Because the above State statutes have the same meaning as the
corresponding Federal statutes and/or regulations, we find that they
are no less stringent than SMCRA and no less effective than the Federal
regulations.
B. R.S. 30:907(B)(16) and (17)
Louisiana proposes to remove the provision at paragraph B(16) that
requires an applicant to make information about coal seams, test
borings, core samplings, or soil samples available to any person with
an interest which is or may be adversely affected. Louisiana relocated
the provision to new paragraph B(17).
We find that Louisiana's relocation of this provision does not
render the Louisiana statutes any less stringent than SMCRA. Therefore,
we are approving the modification.
C. R.S. 30:927(2)
Louisiana proposed to revise paragraph (2) by removing the language
that allowed surface mining operations that disturbed two acres or less
to be exempt from the requirements of Chapter 9. Louisiana then added a
provision to allow a person mining other minerals to be exempt from the
requirements of Chapter 9 if the amount of coal extracted incidental to
the extraction of other minerals does not exceed sixteen and two-thirds
percent of the total tonnage of coal and other minerals removed for
purposes of commercial use or sale.
Pub. L. 100-34, signed into law May 7, 1987, repealed section
528(2) of SMCRA, which allowed surface mining operations that disturbed
two acres or less to be exempt from the requirements of SMCRA. As
Federal law, Pub. L. 100-34 invalidates any applicable State laws or
regulations that would authorize persons to conduct surface coal mining
operations of two acres or less without complying with SMCRA and the
approved regulatory program. Thus, Louisiana's removal of the provision
that would allow surface mining operations that disturbed two acres or
less to be exempt from the requirements of Chapter 9 has no effect on
its program. We therefore approve the removal of this provision as it
does not render the Louisiana statutes any less stringent than SMCRA.
We also approve the addition of the new language at this section,
which allows a person mining other minerals to be exempt from the
requirements of Chapter 9 if the amount of coal extracted incidental to
the extraction of other minerals does not exceed sixteen and two-thirds
percent of the total tonnage of coal and other minerals removed for
purposes of commercial use or sale. This language is substantively
identical to the language found at Section 701(28)(A) of SMCRA and 30
CFR Part 702.
IV. Summary and Disposition of Comments
Public Comments
We requested public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Louisiana program (Administrative Record No. LA-
364.03).
By letter dated September 8, 1999 (Administrative Record No. LA-
364.04), the Natural Resources Conservation Service responded to our
request by stating that it had no comment on Louisiana's amendment.
Also, by letter dated September 30, 1999 (Administrative Record No. LA-
364.06), the U.S. Army Corps of Engineers responded to our request by
stating that it found Louisiana's proposed amendment satisfactory.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
agreement from the 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 Louisiana
proposed to make in this amendment pertain to air or water quality
standards. Therefore, we did not ask the EPA to agree on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. LA-364.01). The EPA
did not respond to our request.
State Historical 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
[[Page 68291]]
properties. On September 1, 1999, we requested comments on Louisiana's
amendment (Administrative Record No. LA-364.02), but neither responded
to our request.
V. Director's Decision
Based on the above findings, we approve the amendment as sent to us
by Louisiana on August 23, 1999. We approve the statutes that Louisiana
proposed with the provision that they be published in identical form to
the statutes sent to and reviewed by OSM and the public.
To implement this decisions, we are amending the Federal
regulations at 30 CFR Part 918, which codify decisions concerning the
Louisiana program. We are making this final rule effective immediately
to expedite the State program amendment process and to encourage
Louisiana to bring its program into conformity with the Federal
standards. SMCRA requires consistency of State and Federal standards.
VI. 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 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) 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 918
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 19, 1999.
Charles E. Sandberg,
Acting 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.
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Date of final
Original amendment submission date publication Citation/description
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* * * * * *
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August 23, 1999............................................. December 7, 1999 R.S. 30:907(B)(16) through
(20); (C); and 927(2).
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[FR Doc. 99-31619 Filed 12-6-99; 8:45 am]
BILLING CODE 4310-05-P
