[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67522-67524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28203]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[IA-011-FOR]
Iowa Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Iowa regulatory program (Iowa
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA or the Act). Iowa proposed to revise its rules concerning
inspections and enforcement. Iowa revised its program to be consistent
with the corresponding Federal regulations.
EFFECTIVE DATE: November 6, 2002.
FOR FURTHER INFORMATION CONTACT: John W. Coleman, Mid-Continent
Regional Coordinating Center. Telephone: (618) 463-6460. Internet
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Iowa Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``* * * a State law
which provides for the regulation of surface coal mining and
reclamation operations in accordance with the requirements of this Act
* * *; and rules and regulations consistent with regulations issued by
the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7).
On the basis of these criteria, the Secretary of the Interior
conditionally approved the Iowa program effective April 10, 1981. You
can find background information on the Iowa program, including the
Secretary's findings, the disposition of comments, and conditions of
approval, in the January 21, 1981, Federal Register (46 FR 5885). You
can also find later actions concerning Iowa's program and program
amendments at 30 CFR 915.10, 915.15, and 915.16.
II. Submission of the Amendment
By letter dated June 14, 2002 (Administrative Record No. IA-447),
Iowa sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et
seq.). Iowa sent the amendment in response to a letter dated June 17,
1997 (Administrative Record No. IA-440), that we sent to Iowa in
accordance with 30 CFR 732.17(c).
We announced receipt of the amendment in the August 12, 2002,
Federal Register (67 FR 52659). 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
ended on September 12, 2002. We received comments from one Federal
agency.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at
[[Page 67523]]
30 CFR 732.15 and 732.17. We are approving the amendment as described
below.
Iowa proposed to revise Iowa Administrative Code (IAC) 27-
40.71(207) to incorporate by reference 30 CFR 840.11, as in effect on
July 1, 2001. Previously, Iowa's provision incorporated by reference 30
CFR 840.11, as in effect on July 1, 1992. We find that Iowa's revision
at IAC 27-40.71(207) is no less effective than the Federal regulations
at 30 CFR 840.11. We also find that Iowa's revision partially satisfies
the requirements of our letter dated June 17, 1997 (Administrative
Record No. IA-440), that we sent to Iowa in accordance with 30 CFR
732.17(c).
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Iowa program (Administrative
Record No. IA-447.3). The Natural Resources Conservation Service
responded on July 22, 2002 (Administrative Record No. IA-447.2),
stating that it had no concern over this proposed amendment.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from 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 Iowa proposed to make
in this amendment pertain to air or water quality standards. Therefore,
we did not ask EPA to concur on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from EPA (Administrative Record No. IA-447.3. EPA did not
respond to our request.
State Historic 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
properties. On June 19, 2002, we requested comments on Iowa's amendment
(Administrative Record No. IA-447.3), but neither responded to our
request.
V. OSM's Decision
Based on the above finding, we approve the amendment Iowa sent us
on June 14, 2002. We approve the regulations proposed by Iowa with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR part 915, which codify decisions concerning the Iowa program.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 503(a) of SMCRA requires that
the State's program demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this final rule effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
Effect of OSM's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any change of an
approved State program be submitted to OSM for review as a program
amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any
changes to State programs that are not approved by OSM. In the
oversight of the Iowa program, we will recognize only the statutes,
regulations, and other materials we have approved, together with any
consistent implementing policies, directives, and other materials. We
will require Iowa to enforce only approved provisions.
VI. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866 and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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)).
[[Page 67524]]
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies 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
counterpart 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. 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 counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal which is the subject of this rule is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 915
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 20, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR 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 Date of final publication Citation/description
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* * * * * * *
June 14, 2002.......................... November 6, 2002............... IAC 27-40.71(207).
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[FR Doc. 02-28203 Filed 11-5-02; 8:45 am]
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