[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10784]


[[Page Unknown]]

[Federal Register: May 5, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR
30 CFR Part 915

 

Iowa Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing the receipt of a proposed amendment to the 
Iowa permanent regulatory program (hereinafter, the ``Iowa program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of changes to provisions of the Iowa 
regulations pertaining to rulemaking petitions, definitions, permit 
processing, revisions, bonding, backfilling and grading, civil 
penalties, and individual civil penalties. The amendment is intended to 
revise the Iowa program to be consistent with the corresponding Federal 
standards, to clarify ambiguities, to and improve operational 
efficiency.

DATES: Written comments must be received by 4 p.m., c.d.t. June 6, 
1994. If requested, a public hearing on the proposed amendment will be 
held on May 31, 1994. Requests to present oral testimony at the hearing 
must be received by 4 p.m., c.d.t. on May 20, 1994. Any disabled 
individual who has need for a special accommodation to attend a public 
hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT.

ADDRESSES: Written comments should be mailed or hand delivered to 
Michael C. Wolfrom at the address listed below.
    Copies of the Iowa program, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. Each requester may 
receive one free copy of the proposed amendment by contacting OSM's 
Kansas City Field Office.

Michael C. Wolfrom, Acting Director, Kansas City Field Office; Office 
of Surface Mining Reclamation and Enforcement; 934 Wyandotte, room 500; 
Kansas City, MO 64105, Telephone: (816) 374-6405.
Department of Agriculture and Land Stewardship, Division of Soil 
Conservation; Wallace State Office Building; East 9th and Grand 
Streets; Des Moines, Iowa 50319, Telephone: (515) 281-6147.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Telephone: (816) 374-6405.

SUPPLEMENTARY INFORMATION: 

I. Background on the Iowa Program

    On January 21, 1981, the Secretary of Interior conditionally 
approved the Iowa program. 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 915.15 and 915.16.

II. Proposed Amendment

    By letter dated April 13, 1994, (Administrative Record No. IA-397) 
Iowa submitted a proposed amendment to its program pursuant to SMCRA. 
Iowa submitted the proposed amendment with the intent of satisfying the 
required program amendments at 30 CFR 915.16 (a) and (b) and at the 
State's own initiative to improve its program.
    The substantive changes proposed by Iowa are discussed briefly 
below:

(1) IAC 27-40.3(207), General

    Iowa proposes to add a statement that in lieu of the regulations 
previously deleted at 30 CFR 700.12 concerning ``Petitions to initiate 
rulemaking,'' rules of the Iowa Department of Agriculture and Land 
Stewardship at 21 IAC Chapter 3, ``Petitions for Rulemaking'' shall 
serve as the basis for submitting petitions to initiate rulemaking.

(2) IAC 27-40.4(9), Definitions

    Iowa proposes to delete its definition of ``previously mined area'' 
as incorporated by reference and replace it such that ``[p]reviously 
mined area'' means the land affected by surface coal mining operations 
prior to August 3, 1977, that has not been reclaimed to the standards 
of 30 CFR chapter VII.

(3) IAC 27-40.31(14), Requirements for Permits and Permit Processing

    Iowa proposes to remove and reserve this subrule concerning willful 
suppressing or falsifying of facts or data that OSM previously reviewed 
but did not approve.

(4) IAC 27-40.32(207), Revision or Amendment, Renewal, Transfer, 
Assignment, or Sale of Permit Rights

    Iowa proposes to replace its regulations concerning requirements 
for defining and processing significant permit revisions and 
nonsignificant permit revisions. Iowa uses the term ``permit revision'' 
to mean significant permit revision and the term ``amendment'' to mean 
nonsignificant permit revision.

(5) IAC 27-40.51(7), Bond and Insurance Requirements for Surface Coal 
Mining and Reclamation Operations Under Regulatory Programs

    Iowa proposes to delete its existing subrule and replace it with 
the requirement that an application for bond release shall not be 
considered filed until a written determination of completeness for the 
bond release application has been provided to the applicant by the 
division.

(6) IAC 27-40.63(2), Backfilling and Grading: Time and Distance 
Requirements

    Iowa proposes to delete its incorporation by reference of 30 CFR 
816.101 [Backfilling and grading: Time and distance requirements] and 
replace it with the requirement that (a) except as provided in 
paragraph ``b'' of the subrule, rough backfilling and grading for 
surface mining activities shall be completed within 180 days following 
coal removal, and not more than four spoil ridges behind the pit being 
worked, the spoil from the active pit constituting the first ridge; (b) 
the division may extend the time allowed for rough backfilling and 
grading for the entire permit area or for a specified portion of the 
permit area if the permittee demonstrates in accordance with 27 IAC 
40.36/30 CFR 780.18(b)``3'' of these rules that additional time is 
necessary.

(7) IAC 27-40.74(3), Civil Penalties

    Iowa proposes to adopt specific State counterpart rule cites for 
those Federal rule cites at 30 CFR 845.15(b)(2) that were previously 
incorporated by reference by the State.

(8) IAC 27-40.75(2), Individual Civil Penalties

    Iowa proposes to adopt a specific State Code reference (Iowa Code 
207.15(3)) counterpart to section 518(b) of the Surface Coal Mining and 
Reclamation Act in its definition of ``Violation, failure, or 
refusal.''

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Iowa program.

Written Comments

    Written comments should be specific, pertain only to the issue 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Kansas City Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. 
May 20, 1994. The location and time of the hearing will be arranged 
with those persons requesting the hearing. If no one requests an 
opportunity to testify at the public hearing, the hearing will not be 
held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to comment having been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting at the OSM office listed under FOR 
FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

Compliance With Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget (OMB) under Executive Order 12866 (Reduction of 
Regulatory Burden).

Compliance With the 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).

Compliance With the Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic effect 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. Hence, 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 counterpart Federal regulations.

Compliance With Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsection 
(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 requirements of 30 CFR Parts 730, 
731, and 732 have been met.

Compliance With the 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.

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 26, 1994.
Raymond L. Lowrie,
Assistant Director, Western Support Center.
[FR Doc. 94-10784 Filed 5-4-94; 8:45 am]
BILLING CODE 4310-05-M