[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Proposed Rules]
[Pages 15272-15275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6734]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 915
[IA-013-FOR]
Iowa Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the Iowa
regulatory program (Iowa program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the Act). Iowa proposes to revise its
regulatory program by updating its adoption by reference of applicable
portions of 30 CFR part 700 to End from the July 1, 1992, version to
the July 1, 2002, version. Iowa intends to revise its program to be
consistent with the corresponding Federal regulations.
This document gives the times and locations that the Iowa program
and proposed amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4 p.m.,
c.s.t., April 26, 2004. If requested, we will hold a public hearing on
the amendment on April 19, 2004. We will accept requests to speak at a
hearing until 4 p.m., c.s.t. on April 9, 2004.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Charles E. Sandberg, Mid-Continent
Regional Coordinating Center, at the address listed below.
You may review copies of the Iowa program, this amendment, a
listing of any scheduled public hearings, and all written comments
received in response 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.
Charles E. Sandberg, Mid-Continent Regional Coordinating Center, Office
of Surface Mining, 501 Belle Street, Alton, Illinois 62002, Telephone:
(618) 463-6460, Fax: (618) 463-6470.
Iowa Department of Agriculture and Land Stewardship, Division of Soil
Conservation, Henry A. Wallace Building, Des Moines, Iowa 50319,
Telephone: (515) 281-5321.
FOR FURTHER INFORMATION CONTACT: Charles E. Sandberg, Mid-Continent
Regional Coordinating Center. Telephone: (618) 463-6460.
SUPPLEMENTARY INFORMATION:
I. Background on the Iowa Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. 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 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 the conditions of approval, in the
January 21, 1981, Federal Register (46 FR 5885). You can also find
later actions concerning the Iowa program and program amendments at 30
CFR 915.10, 915.15, and 915.16.
II. Description of the Proposed Amendment
By letter dated February 24, 2004 (Administrative Record No. IA-
448), 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 June 17, 1997,
letter and an August 23, 2000, letter (Administrative Record Nos. IA-
440 and IA-444, respectively) that we sent to Iowa in accordance with
30 CFR 732.17(c). Below is a summary of the changes proposed by Iowa.
The full text of the program amendment is available for you to read at
the locations listed above under ADDRESSES.
A. Adoptions by Reference of 30 CFR Part 700 to End Revised as of July
1, 2002
Iowa proposes to update its adoption by reference of applicable
sections of 30 CFR part 700 to End from the July 1, 1992, version to
the July 1, 2002, version and to revise terms and cross-references, as
required. The sections of Iowa's coal mining rules that are being
revised in this manner are listed in the table below.
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27 Iowa Administrative Code chapter 40,
coal mining rules Topic
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27--40.1(1), 40.1(4)................... Authority and scope.
27--40.3(207).......................... General.
27--40.4(207), 40.4(2), 40.4(3)........ Permanent regulatory program
and exemption for coal
extraction incidental to the
extraction of other minerals.
27--40.5(207).......................... Restrictions on financial
interests of State employees.
27--40.6(207).......................... Exemptions for coal extraction
incident to government--
financed highway or other
constructions.
27--40.7(207).......................... Protection of employees.
27--40.11(207)......................... Initial regulatory program.
27--40.12(207)......................... General performance standards--
initial program.
27--40.13(207)......................... Special performance standards--
initial program.
27--40.21(207), 40.21(4), 40.21(5), Areas designated by an Act of
40.21(6). Congress.
27--40.22(207), 40.22(2)............... Criteria for designating areas
as unsuitable for surface coal
mining operations.
27--40.23(207)......................... State procedures for
designating areas unsuitable
for surface coal mining
operations.
27--40.30(207), 40.30(1), 40.30(4)..... Requirements for coal
exploration.
[[Page 15273]]
27--40.31(207), 40.31(1), 40.31(2), Requirements for permits and
40.31(3), 40.31(4), 40.31(5), permit processing.
40.31(6), 40.31(7), 40.31.(8),
40.31(9), 40.31(13), 40.31(14),
40.31(15).
27--40.32(207), 40.32(1), 40.32(2), Revision or amendment; renewal;
40.32(4). and transfer, assignment, or
sale of permit rights.
27--40.33(207)......................... General content requirements
for permit applications.
27--40.34(207), 40.34(2), 40.34(3)..... Permit application--minimum
requirements for legal,
financial, compliance, and
related information.
27--40.35(207)......................... Surface mining permit
applications--minimum
requirements for information
on environmental resources.
27--40.36(207)......................... Surface mining permit
applications--minimum
requirements for reclamation
and operation plan.
27--40.37(207), 40.37(4)............... Underground mining permit
applications--minimum
requirements for information
on environmental resources.
27--40.38(207), 40.38(2), 40.38(3)..... Underground mining permit
applications--minimum
requirements for reclamation
and operation plan.
27--40.39(207)......................... Requirements for permits for
special categories of mining.
27--40.41(207)......................... Permanent regulatory program--
small operator assistance
program.
27--40.51(207)......................... Bond and insurance requirements
for surface coal mining and
reclamation operations under
regulatory programs.
27--40.61(207), 40.61(4)............... Permanent program performance
standards--general provisions.
27--40.62(207)......................... Permanent program performance
standards--coal exploration.
27--40.63(207), 40.63(9)............... Permanent program performance
standards--surface mining
activities.
27--40.64(207)......................... Permanent program performance
standards--underground mining
activities.
27--40.65(207)......................... Special permanent program
performance standards--auger
mining.
27--40.66(207)......................... Special permanent program
performance standards--
operations on prime farmland.
27--40.67(207)......................... Permanent program performance
standards--coal preparation
plants not located within the
permit area of a mine.
27--40.71(207)......................... State regulatory authority--
inspection and enforcement.
27--40.73(2)g.......................... Cessation orders.
27--40.73(4)d.......................... Suspension or revocation of
permits.
27--40.74(207), 40.74(9)............... Civil penalties.
27--40.75(207)......................... Individual civil penalties.
27--40.81(207)......................... Permanent regulatory program
requirements--standards for
certification of blasters.
27--40.82(207)......................... Certification of blasters.
27--40.92(8)........................... Contested cases.
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B. Definitions
1. At 27--40.4(9), Iowa proposes to remove its definition of
``previously mined area'' and to adopt the Federal definition of
``previously mined area'' by reference.
2. At 27--40.4(11), Iowa proposes to delete the definition for
``violation, failure or refusal'' at 30 CFR 701.5 and insert in its
place, the following definition:
``Violation, failure, or refusal,'' means--
(1) A violation of a condition of an approved permit pursuant to
the Iowa program or an enforcement action pursuant to Iowa Code
section 207.14, or
(2) A failure or refusal to comply with any order issued under
Iowa Code section 207.14 or any order incorporated in a final
decision issued by the administrator, except an order incorporated
in a decision issued under subrule 40.74(7) or rule 27--40.7(207).
C. Exemptions for Coal Extraction Incident to Government--Financed
Highway or Other Construction
Iowa proposes to remove 27--40.6(2), which deleted the words ``250
tons'' from 30 CFR 707.12 and inserted the words ``50 tons.''
D. Requirements for Permits and Permit Processing
At 40.31(12), Iowa added the following paragraph to 30 CFR 773.17:
(h) The permittee shall ensure and the permit shall contain
specific conditions requiring that, as a condition of the permit,
the permittee shall not, except as permitted by law, willfully
resist, prevent, impede, or interfere with the division or any of
its agents in the performance of their duties.
E. Surface Mining Permit Applications--Minimum Requirements for
Information on Environmental Resources
Iowa proposes to delete 27--40.35(3), which deleted from 30 CFR
779.22(a)(1) the words ``A map'' and inserted the words ``A map at a
scale of 1:2400 or larger or an aerial photo.''
F. Permanent Program Performance Standards--Surface Mining Activities
At 27--40.63(6), Iowa added a reference to its ``Revegetation
Success Standards and Statistically Valid Sampling Techniques'' dated
April 1999, as approved on December 27, 2001.
G. Permanent Program Performance Standards--Underground Mining
Activities
1. At 27--40.64(4), Iowa added a reference to its ``Revegetation
Success Standards and Statistically Valid Sampling Techniques'' dated
April 1999, as approved on December 27, 2001.
2. Iowa proposes to remove 27--40.64(6), which deleted from 30 CFR
817.121(c)(2) the phrase ``To the extent required under applicable
provisions of State law.''
H. Individual Civil Penalties
At 27--40.75(2), Iowa removed its definition of ``Violation,
failure or refusal'' and added it at 27--40.4(11).
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment
[[Page 15274]]
satisfies the applicable program approval criteria of 30 CFR 732.15. If
we approve the amendment, it will become part of the State program.
Written Comments
Send your written comments to us at the address given above. Your
written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of
your recommendations. We will not consider or respond to your comments
when developing the final rule if they are received after the close of
the comment period (see DATES). We will make every attempt to log all
comments into the administrative record, but comments delivered to an
address other than the Mid-Continent Regional Coordinating Center may
not be logged in.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.s.t. on April
9, 2004. If you are disabled and need special accommodations to attend
a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please 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 will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
In this rule, the State is adopting valid existing rights standards
that are similar to the standards in the Federal definition at 30 CFR
761.5. Therefore, this rule has the same takings implications as the
Federal valid existing rights rule. The takings implications assessment
for the Federal valid existing rights rule appears in Part XXIX.E. of
the preamble to that rule. See 64 FR 70766, 70822-27, December 17,
1999.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) 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 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally-recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
This determination is based on the fact that the Iowa program does not
regulate coal exploration and surface coal mining and reclamation
operations on Indian lands. Therefore, the Iowa program has no effect
on Federally-recognized Indian tribes.
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
[[Page 15275]]
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 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: March 9, 2004.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 04-6734 Filed 3-24-04; 8:45 am]
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