[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Rules and Regulations]
[Pages 17458-17464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8465]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915


Iowa Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Iowa regulatory 
program (hereinafter referred to as the ``Iowa program'') under the 
Surface Mining Control and Reclamation Act of 1977 (SMCRA). Iowa 
proposed revisions to rules pertaining to rulemaking petitions, 
definitions, permit processing, permit revisions, bonding, backfilling 
and grading, alternative enforcement, and individual civil penalties. 
The amendment is intended to revise the Iowa program to be consistent 
with the [[Page 17459]] corresponding Federal standards, to clarify 
ambiguities, and to improve operational efficiency.

EFFECTIVE DATE: April 6, 1995.

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 the 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, Iowa submitted a proposed amendment 
to its program pursuant to SMCRA (Administrative Record No. IA-397). 
Iowa submitted the proposed amendment with the intent of satisfying the 
required program amendments codified at 30 CFR 915.6 (a) and (b), and 
at Iowa's own initiative to improve the operation of its program. The 
provisions of the Iowa Administrative Code (IAC) that Iowa proposed to 
revise were: IAC 27-40.3(207), 27-40.4(9), 27-40.31(14), 27-40.32(207), 
27-40.51(7), 27-40.63(2), 27-40.74(3), and 27-40.75(2).
    OSM announced receipt of the proposed amendment in the May 5, 1994, 
Federal Register (59 FR 23177), provided an opportunity for a public 
hearing or meeting on its substantive adequacy, and invited public 
comment on its adequacy (Administrative Record No. IA-402). Because no 
one requested a public hearing or meeting, none was held. The public 
comment period ended on June 6, 1994.
    During its review of the amendment, OSM identified concerns 
relating to the provisions of IAC 27-40.32 (permit revisions), 27-
40.51(7) (application for bond release), and 27-40.75(2) (individual 
civil penalties). OSM notified Iowa of the concerns by issue letter 
dated October 3, 1994 (Administrative Record No. IA-407).
    Iowa responded in a letter dated November 8, 1994, by submitting a 
revised amendment (Administrative Record No. IA-408). Iowa proposed 
additional revisions to IAC 27-40.32 (permit revisions), 27-40.51(7) 
(bond release application), and 27-40.75(2) (individual civil 
penalties).
    Based upon the revisions to the proposed program amendment 
submitted by Iowa, OSM reopened the public comment period in the 
November 23, 1994, Federal Register (59 FR 60341; Administrative Record 
No. IA-410). The public comment period ended on December 8, 1994.

III. Director's Findings

    As discussed below, the Director, in accordance with SMCRA and 30 
CFR 732.15 and 732.17, finds that the proposed program amendment 
submitted by Iowa on April 13, 1994, and as revised by it on November 
8, 1994, is no less effective than the corresponding Federal 
regulations in meeting SMCRA's requirements. Accordingly, the Director 
approves the proposed amendment.

1. Nonsubstantive Revisions to Iowa's Rules

    Iowa proposed revisions to the following previously-approved rules 
that are nonsubstantive in nature and consist of minor editorial and 
recodification changes (corresponding Federal regulation provisions are 
listed in parentheses):

IAC 27-40.32(3)a. 3. & 4. (no corresponding Federal provisions), 
requirements for permit amendment or revision;
IAC 27-40.32(5) (30 CFR 773.11(a)), permit renewal not required when 
only Phase III bond liability remains on the permit area;
IAC 27-40.32(6) (no corresponding Federal provision, additions to the 
Federal requirements at 30 CFR 774.15(b)), contents of permit renewal 
application; and
IAC 27-40.32(7) (no corresponding Federal provision), modification of 
the incorporation of Federal regulations by reference so that they cite 
the correct regulatory authority.

    Because the proposed revisions to these previously-approved rules 
are nonsubstantive in nature, the Director finds that these proposed 
revisions to the Iowa rules are no less effective than the Federal 
regulations in meeting SMCRA's requirements, and approves these 
proposed revisions.

2. Substantive Revisions to Iowa's Rules That Are Substantively 
Identical to the Corresponding Provisions of the Federal Regulations

    Iowa proposed revisions to the following rules that are substantive 
in nature and contain language that is substantively identical to the 
requirements of the corresponding Federal regulation provisions (listed 
in parentheses).

IAC 27-40.4(9) (30 CFR 701.5, definition of ``previously mined area'').
IAC 27-40.32(3)a. (introductory text) (30 CFR 774.13(a)), permittee 
right to submit application for permit revision/amendment.
IAC 27-40.32(3)a.2. (30 CFR 774.11 (b) & (c)), right of regulatory 
authority to order permit revision/amendment, and administrative and 
judicial review of such orders.

    Because these proposed Iowa rules are substantively identical to 
the corresponding provisions of the Federal regulations, the Director 
finds that they are no less effective than the Federal regulations in 
meeting SMCRA's requirements and approves these proposed revisions.
    The Director further notes that the revision to IAC 27-40.4(9) 
(definition of ``previously mined area'') satisfies a required program 
amendment codified at 30 CFR 915.16(a)(1) that was imposed on November 
6, 1991 (56 FR 56578, 56594), and is removing this requirement.

3. IAC 27-40.3(207). General Provisions of Regulatory Program

    Iowa proposes to add a new paragraph providing that ``[i]n lieu of 
the regulations 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 initiative rulemaking.''
    Iowa had previously submitted the referenced rules as part of an 
earlier program amendment, and OSM found them to be no less effective 
than the Federal regulations at 30 CFR 700.12 that Iowa chose not to 
incorporate by reference in its program. However, in that earlier 
amendment Iowa was required to further amend its program to include a 
clear reference to these State rules within its regulatory program (see 
59 FR 5709, 5712; February 8, 1994; Finding No. 8). The Director finds 
that Iowa's current proposed program amendment clearly informs the 
public of where to locate the procedures and requirements for petitions 
for rulemaking under the Iowa regulatory program, and approves the 
proposal. Additionally, the proposal satisfies a required program 
amendment codified at 30 CFR 915.16(b)(1) that was imposed on February 
8, 1994 (59 FR 5709, 5723); therefore the Director is removing this 
requirement.
[[Page 17460]]

4. IAC 27-40.31(14). Requirements for Permits and Permit Processing

    Iowa proposes to delete and reserve this subrule, which adds to 
Iowa's incorporation by reference of 30 CFR 773.15(a)(2) the words 
``[i]n case willful suppressing or falsifying of any facts or data is 
identified, the division may require the applicant to reapply for the 
same area.'' OSM notes that 30 CFR 773.15(a)(2) provides that in the 
review of applications for permits or permit revisions, the applicant 
has the burden of proof that the application is in compliance with all 
requirements of the regulatory program.
    Iowa previously proposed this added language in a program 
amendment, but OSM found that under SMCRA Section 510(b)(1) and 30 CFR 
773.15(c)(1) (Iowa counterpart provisions at Iowa Code 207.9(2)(a) and 
(IAC 27-40.31), if such willful suppressing or falsification of any 
facts or data in a permit application is identified, the regulatory 
authority would have no discretion and would be required to deny the 
permit. OSM thus found this Iowa subrule to conflict with SMCRA and the 
Federal regulations, and did not approve this subrule (see 59 FR 5709, 
5714; February 8, 1994; Finding No. 13b). Iowa, in response, is now 
proposing to delete this unapproved language. OSM notes that the Iowa 
program, in the general incorporation by reference at IAC 27-40.31(207) 
of the Federal regulations at 30 CFR Part 773, continues to incorporate 
30 CFR 773.15(a)(2) by reference. For the reasons specified in the 
February 8, 1994, Federal Register, the Director finds that the 
proposed deletion of this added language is not inconsistent with SMCRA 
or the Federal regulations, and is approving the deletion.

5. IAC 27-40.32(207). Permit Revision/Amendment, Renewal, Transfer

    Iowa proposes to delete its incorporation by reference of the 
Federal regulations at 30 CFR Part 774, as in effect on July 1, 1992 
(with some exceptions and additions), and to add a new incorporation by 
reference of those same Federal regulations, but with a different set 
of exceptions and additions. Some of these new exceptions and additions 
are substantively the same as the old exceptions and additions, and 
have been addressed in Finding No. 1 above; others of the new additions 
are substantively the same as certain Federal regulatory provisions, 
and have been addressed in Finding No. 2 above; and the remainder of 
the exceptions and additions are discussed below.
a. IAC 27-40.32(1) Permit Revision/Amendment Orders
    Iowa proposes at IAC 27-40.32(1) not to incorporate into its 
program by reference the Federal requirements at 30 CFR 774.11 (b) and 
(c). However, as noted in Funding No. 2 above, Iowa is also proposing 
to add at IAC 27-40.32(3)a.2. requirements that are substantively the 
same as these Federal requirements. Therefore the Director approves the 
proposal at IAC 27-40.32(1) to delete 30 CFR 774.11 (b) and (c) from 
the new incorporation by reference.
b. IAC 27-40.32(2) Revisions Versus Amendments
    Iowa proposes to use the term ``revision''; to describe changes to 
permits that constitute significant departures from the approved 
permit, and to use the term ``amendment'' to describe changes that do 
not constitute significant departures. Iowa further proposes that 
significant departures shall be any change in permit area, mining 
method or reclamation procedure which would, in the opinion of the Iowa 
regulatory authority, significantly change the effect that mining 
operations would have on persons impacted by the permitted operation, 
on cultural resources, or on the environment. Finally, Iowa proposes to 
delete the incorporation by reference of the Federal regulations at 30 
CFR 774.13 (permit revisions), except that the notice, public 
participation, and notice of decision requirements of 30 CFR 773.13, 
773.19(b), and 778.21 would apply to all ``revisions'' (i.e., to all 
significant departures). A related requirement at proposed IAC 227-
40.32(3)c. would require that any application for either revision or 
amendment must provide replacement documentation fully describing the 
proposed changes, in the same detail as required in the original 
permit.
    The Federal regulations at 30 CFR 774.13(b)(2) require regulatory 
authorities to establish guidelines which establish the scale or extent 
of permit revisions for which all of the permit application information 
requirements and permit application procedures of the Federal 
regulations (including the notice, public participation, and notice of 
decision requirements of Secs. 773.13, 773.19(b) (1) & (3), and 778.21) 
shall apply, with the proviso that such requirements and procedures 
must apply at a minimum to all significant revisions.
    The Director finds that Iowa, by (1) defining ``revision'' and 
``amendment,'' (2) requiring that the specified procedural requirements 
(notice, public participation, etc.) apply to all ``revisions,'' and 
(3) requiring that revision and amendment applications contain 
replacement documentations in the same detail as the original permit, 
has established guidelines as required by 30 CFR 774.13(b)(2). Further, 
Iowa's proposed definitions assure that these requirements and 
procedures requirements will apply to all significant permit changes, 
as required by the proviso in that Federal regulation.
    Regarding Iowa's proposal to delete the incorporation by reference 
of the Federal regulations at 30 CFR 774.13, OSM has reviewed Iowa's 
proposal and has determined that it incorporates counterpart 
requirements for each of the provisions of Sec. 774.13 other than the 
one specifically discussed above (Sec. 774.13(b)(2)). As discussed in 
Finding No. 2 above and Finding No. 5c below, counterparts of those 
Federal provisions are incorporated in Iowa's proposed rules as follows 
(proposed IAC counterparts in parentheses): Sec. 774.13(a) (IAC 27-
40.32(3)a, introductory text); Sec. 774.13(b)(1) (IAC 27-40.32(3)b.); 
Sec. 774.13(c) (IAC 27-40.32(3)d.); and Sec. 774.13(d) (IAC 27-
40.32(3)e.). Based on the discussion in Finding Nos. 2 and 5c regarding 
these provisions, the Director finds that Iowa's proposal at IAC 27-
40.32(2) not to incorporate 30 CFR 774.13 does not render the Iowa 
program less effective than Sec. 774.13 in meeting SMCRA's 
requirements.
    In summary, the Director finds Iowa's definitions of ``revision'' 
and ``amendment'' to be in accordance with the Federal regulations at 
30 CFR 774.13(b)(2), and the deletion of the incorporation by reference 
of most of 30 CFR 774.13 to be no less effective than the Federal 
regulations in meeting SMCRA's requirements; the Director is therefore 
approving proposed IAC 27-40.32(2). Additionally, the proposal 
satisfies a required program amendment, codified at 30 CFR 
915.16(a)(5), that was imposed on November 6, 1991 (56 FR 56578, 
56594), and later modified on February 8, 1994 (59 FR 5709, 5723); the 
Director is therefore removing this requirement.
c. IAC 27-40.32(3) Requirements for Revisions and Amendments
    1. Permit changes that require either a permit revision or a permit 
amendment. Iowa proposes at IAC 27-40.32(3)a.1. that either a revision 
or an amendment is required for any change in the approved permit; 
further, all information related to approved revisions or amendments 
must be [[Page 17461]] updated in all public copies of the permit.
    The Federal regulations at 30 CFR 774.13 do not directly address 
this issue. However, in the preamble to the Federal regulations at 30 
CFR 774.13(b)(2), dated September 28, 1993 (48 FR 44344, 44377), OSM 
clarified its interpretation of these regulations that all changes must 
be approved and incorporated into the permit:

    Under the final rule, the regulatory authority will establish 
the guidelines for revisions. However, all revisions must be 
approved and incorporated into the permit since they are changes to 
that document. The permit and all public copies of it should reflect 
all revisions approved by the regulatory authority so that all 
interested persons, including inspectors, the operator, and the 
public, will have an accurate copy of the permit. The permit is the 
document which authorizes the operator to mine and must be accurate.

    The Director finds Iowa's proposal to be consistent with this 
interpretation and is approving the proposal.
    2. Timeframes for decisions on applications. Iowa proposes at IAC 
27-40.32(3)b. that applications for permit revisions will be approved 
or disapproved within 90 days following a determination of 
completeness, and that an application for an amendment will be approved 
or disapproved within 60 days of submittal of the application.
    The Federal regulations at 30 CFR 774.13(b)(1) do not specify 
timeframes for action on revision applications, but rather require 
regulatory authorities to establish time periods for such approvals or 
disapprovals. The Director finds that Iowa's proposal establishes such 
time periods and that the time periods will ensure that operators 
receive timely decisions. Therefore the Director is approving the 
proposal.
    3. Administrative and judicial review. Iowa proposes at IAC 27-
40.32(3)c. that: ``[a]ny application for an amendment or a revision 
under these rules shall, at a minimum, be subject to the requirements 
of Part 9 of these rules * * *.'' OSM notes that Part 9 of Iowa's rules 
contains, among other things, the requirements for administrative and 
judicial review of Iowa permit actions; it thus contains the Iowa 
program counterparts to 30 CFR Part 775 (administrative and judicial 
review of permit decisions).
    The Federal regulations at 30 CFR 775.11(a) provide that decisions 
on applications for any permit revision (whether significant or 
insignificant) are subject to administrative review; under section 
775.13(a), any administrative review decision (including administrative 
review of any permit revision application decision) is subject to 
judicial review. The Director finds that Iowa's proposal is consistent 
with these requirements and is approving the proposal.
    4. Criteria for approval. Iowa proposes to add at IAC 27-40.32(3)d. 
three criteria for the approval of applications for permit revisions 
and amendments. The criteria proposed are: (1) That no such application 
shall be approved unless the application demonstrates, and the Iowa 
regulatory authority finds, that the reclamation as required by Iowa's 
Act and the regulatory program can be accomplished; (2) that the 
application complies with all requirements of the Act and the 
regulatory program; and (3) that ``any applicable requirements of 
written findings for the permit have also been met.''
    The Federal regulations at 30 CFR 774.13(c) require that no 
application for a permit revision shall be approved unless the 
application demonstrates and the regulatory authority finds: (1) That 
reclamation as required by SMCRA and the regulatory program can be 
accomplished; (2) that the application complies with all requirements 
of SMCRA and the regulatory program; and (3) that ``applicable 
requirements under section 773.15(c) which are pertinent to the 
revision are met.'' The cited rule, 30 CFR 773.15(c), specifies written 
findings for application approval, and, as applied to an application 
for a significant revision, requires that the application not be 
approved unless the application affirmatively demonstrates, and the 
regulatory authority finds in writing, that several specified 
requirements, where applicable, have been met.
    The first two of Iowa's proposed criteria are substantively the 
same as those specified in the Federal regulations. The third 
criterion, written findings, is in one way more stringent than the 
Federal requirement because it is applied to both revision and 
amendment applications, whereas under the Federal regulations this 
criterion is applied only to applications for significant revisions. 
Under SMCRA section 505(b) and 30 CFR 730.11(b), no State regulation 
which provides for more stringent regulation of surface coal mining and 
reclamation operations than do the Federal regulations shall be 
construed to be inconsistent with SMCRA or with the Federal 
regulations.
    OSM does not find, however, that this proposed third criterion 
(``and any applicable requirements of written findings for the permit 
have also been met'') clearly requires that new findings be written (if 
applicable) for approval of the amendment or revision. Instead, Iowa's 
proposed language could be interpreted to be limited to requiring 
consistency of the revision/amendment application with the written 
findings of the original permit approval; such an interpretation would 
be less effective than the third criterion of the Federal regulation. 
However, OSM notes that Iowa added this criterion in its revised 
amendment of November 8, 1994 (Administrative Record No. IA-408), which 
responded to OSM's letter of October 3, 1994 (Administrative Record No. 
IA-407); in that letter, OSM had indicated to Iowa that its initial 
submittal was deficient in not containing a counterpart to OSM's 
criterion for written findings. In its revised amendment of November 8, 
1994, Iowa indicates that this proposed language was intended to 
address that deficiency. OSM therefore concludes that Iowa intends its 
language to be interpreted in accordance with the requirements of the 
Federal regulation criterion; i.e., that Iowa intends that new written 
findings are required, if applicable, prior to approving an application 
for permit amendment or revision. Based on this understanding, the 
Director finds Iowa's proposal at IAC 27-40.32(3)d. to be no less 
effective than 30 CFR 774.13(c) in meeting SMCRA's requirements, and 
the Director is approving the proposal.
    5. Additions of area. Iowa proposes at IAC 27-40.32(3)e. that any 
increase in permit area, except incidental boundary revisions 
(hereinafter, ``IBR's''), shall not be approved under ``this subrule'' 
(i.e., neither as a permit revision nor as an amendment), but rather 
``shall be treated as'' a new permit application. Iowa additionally 
proposes that IBR's are considered as significant departures and hence 
shall be treated as revisions;' that a total of 20 acres of IBR's would 
be allowed over the life of the permit, with individual increments 
subject to approval by Iowa (presumably under other criteria for 
determining ``incidental''); and lastly, that applications for IBR's 
shall include a demonstration that the proposed additional permit area 
is contiguous to the approved permit.
    OSM interprets Iowa's proposed language that increases in permit 
area (other than IBR's) ``shall be treated as a new permit 
application'' to mean that any application for increased area (unless 
it meets the criteria for an IBR) will be subjected to all the entire 
procedural and substantive requirements for a new permit application 
under IAC 27-40.31(207, 27-40.33(207), 27-40.34(207), 40-27.35 or 
.37(207), 27-40.36 or .38(207), and [[Page 17462]] 27-40.39(207). Under 
IAC 27-40.4(207) and 27-40.31(207), this would include the requirement 
that increases in permit area (other than IBR's) be made by means of an 
``administratively complete application.''
    The Federal regulations at 30 CFR 774.13(d) provide that any 
extension to the permit area, except IBR's, shall be made by 
application for a new permit. The Federal regulations provide no 
guidance as to what constitutes an ``incidental'' boundary revision.
    Iowa's proposal, under OSM's interpretation stated above, would 
require additions other than IBR's to be made by application for a new 
permit. It places an upper limit on the amount of area that may be 
added by IBR's and requires that IBR's be contiguous to the permit; 
these proposed requirements add specificity to aid Iowa in determining 
what constitutes an ``incidental'' boundary revision. For these reasons 
the Director finds proposed IAC 27-40.32(3)e. to be consistent with the 
Federal regulations at 30 CFR 774.13(d) in meeting SMCRA's 
requirements, and is approving the proposal.

6. IAC 27-40.51(7). Time Requirements for Processing of Bond Release 
Applications

    At IAC 27-40.51(7), Iowa previously proposed to modify 30 CFR 
800.40(a)(2) (as incorporated by reference) by requiring the regulatory 
authority to determine that an application for bond release is complete 
before the bond release application is advertised. OSM did not approve 
that proposal because it would create conflicts with other required 
time frames in the processing of bond release applications (see 59 FR 
5709, 5718; February 8, 1994; Finding No. 22).
    Iowa now proposes to delete that unapproved modification of 30 CFR 
800.40(a)(2); thus, under IAC 27-40.51(207), 30 CFR 800.40(a)(2) would 
be incorporated without modification. Iowa further proposes to add a 
new rule at IAC 27-40.51(7) which would provide that an application for 
bond release will not be considered filed until a written determination 
of completeness for the bond release application has been provided to 
the applicant by Iowa, and would further provide that Iowa will make a 
determination of completeness within 30 days of receipt.
    Under the Federal regulations at 30 CFR 800.40, the starting point 
for all time requirements related to processing bond release 
applications is the date a bond release application is ``filed;'' but 
no clarification is provided regarding whether an application must be 
found to be complete before being considered ``filed.''
    In the absence of any contrary indication in the Federal 
regulations, the concept of requiring a determination of completeness 
before considering a bond release application ``filed'' would not be 
considered inconsistent with those Federal regulations, providing other 
aspects of the bond release process are not adversely affected. One 
such aspect to be considered is the procedural protection afforded 
operators by assuring them of timely decisions on bond release 
applications. Iowa's proposal, by providing a maximum of 30 days for 
Iowa to make a determination of completeness, provides assurance that 
decisions on bond release applications will not be unduly delayed.
    Further, OSM believes that this proposal will assist Iowa in the 
efficient administration of its program, and may also serve the 
interests of operators in obtaining bond releases: if incomplete 
applications are entered into the strict time frames of these 
procedures, there may not be sufficient time to resolve all problems 
before a decision must be rendered, resulting in the automatic denial 
of the application. This would require the operator to file a new 
application, which would delay the potential bond release and create an 
additional unnecessary workload for both the regulatory authority and 
the operator.
    Based on the above discussion, the Director finds that Iowa's 
proposal at IAC 27-40.51(7) is not inconsistent with the Federal 
regulations at 30 CFR 800.40, and is approving the proposal.

7. IAC 27-40.63(2). Backfilling & Grading: Time and Distance 
Requirements

    Iowa proposes to incorporate by reference 30 CFR 816.100 and delete 
the incorporation by reference of 816.101 (both as in effect on July 1, 
1992), and add that the following shall apply: 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 (spoil from the active pit constituting the first 
ridge); except that Iowa may extend the time allowed for the entire 
permit area or for a specified portion of it if the permittee 
demonstrates (in accordance with IAC 27-40.36 [30 CFR 780.18(b)(3)]) 
that additional time is necessary. Iowa adds in a narrative note to the 
submittal that it intends to adopt time and distance standards only for 
area mining.
    OSM's time and distance requirements at 30 CFR 816.101 were 
suspended on July 31, 1992 (57 FR 33874). Therefore OSM must evaluate 
State time and distance requirements against the general 
contemporaneous reclamation requirements of 30 CFR 816.100. This 
regulation requires that all reclamation efforts (including 
backfilling, grading, topsoil replacement, and revegetation) on all 
land that is disturbed by surface mining activities shall occur as 
contemporaneously as practicable with mining operations (except when 
variances are granted for concurrent surface and underground mining 
activities).
    As noted above, Iowa's proposal incorporates the general 
contemporaneous reclamation requirement of 30 CFR 816.100 by reference. 
The additional proposed time and distance requirements provide 
additional specificity to one aspect of the general requirement and is 
not inconsistent with the general requirement. Regarding Iowa's 
intention to specify time and distance standards only for area mining, 
OSM is aware that all recent coal mining in Iowa has been area mining, 
and because of the geology and geography of Iowa's coal fields it is 
likely that only area mining will occur in the near future. Should any 
other type of surface mining occur, it would still be subject to the 
general requirement of 30 CFR 816.100, which is consistent with the 
current Federal regulations (given that Sec. 816.101 is suspended).
    Based on the above discussion, the Director finds Iowa's proposal 
at IAC 27-40.63(2) to be consistent with the Federal regulations at 30 
CFR 816.100, and is approving the proposal. The Director further notes 
that the incorporation by reference of 30 CFR 816.100 requires that 
topsoil replacement occur as contemporaneously as practicable with 
mining operations, and thus satisfies the required amendment codified 
at 30 CFR 915.16(b)(2) that was imposed on February 8, 1994 (59 FR 
5709, 5723). Therefore the Director is removing this requirement.

8. IAC 27-40.74(3). Alternate Enforcement

    Iowa proposes to revise existing incorrect cross-references to the 
Iowa Code that in this rule replace the cross-references to SMCRA in 
Iowa's incorporation by reference of 30 CFR 845.15(b)(2). Specifically, 
Iowa proposes to replace (in its incorporation of 30 CFR 845.15(b)(2) 
by reference) SMCRA Section 518(e) with Iowa Code Section 
[[Page 17463]] 207.15(6), SMCRA Section 518(f) with Iowa Code Section 
207.15(7), SMCRA Section 521(a)(4) with Iowa Code Section 207.14(3), 
and SMCRA Section 521(c) with Iowa Code Section 207.14(8).
    The Director finds that Iowa has cited the correct Iowa Code 
counterparts to the cited SMCRA Sections, and that the proposal is thus 
no less effective than 30 CFR 845.15(b)(2) in meeting SMCRA's 
requirements, and is approving the proposal. The Director further notes 
that this approval fulfills the required amendment codified at 30 CFR 
915.16(b)(3) that was imposed on February 8, 1994 (59 FR 5709, 5723). 
Therefore the Director is removing this requirement.

9. IAC 27-40.75(2). Definition of ``Violation, Failure, or Refusal''

    Iowa proposes to replace the definition of ``violation, failure, or 
refusal'' in the Federal regulations at 30 CFR 846.5 with a new 
definition that is substantively the same as the Federal definition, 
with one exception. The second part of the Federal definition includes 
failure or refusal to comply with certain orders, but excludes orders 
issued under SMCRA Sections 518(b) or 703. Iowa's corresponding 
statutory provisions (Iowa Code sections 207.15 and 207.28, 
respectively) do not specifically refer to the issuance of ``orders.'' 
Therefore in this proposed definition, Iowa has replaced citations to 
its statute with citations to its implementing rules (IAC 27-40.74(7) 
and 27-40.7(207)), since these implementing rules do specifically refer 
to orders issued by Iowa. This replacement of statutory citations with 
regulatory citations renders Iowa's proposed definition substantively 
the same as the Federal definition. Therefore the Director is approving 
the proposal.

IV. Summary and Disposition of Comments

    Following are summaries of all substantive written comments on the 
proposed amendment that were received by OSM, and OSM's responses to 
them.

1. Public Comments

    In response to OSM's invitation of public comments, the State 
Historical Society of Iowa responded on June 17, 1994, with a 
suggestion that Iowa's proposed definition of ``significant departure'' 
(at proposed IAC 27-40.32(2)) be revised to include any change in the 
permit area, mining method, or reclamation procedure which would, in 
the opinion of the regulatory authority, significantly change the 
effect that mining operations would have on cultural resources 
(Administrative Record No. IA-404). OSM forwarded the suggestion to 
Iowa in the issue letter dated October 3, 1994 (Administrative Record 
No. IA-407).
    Iowa included this suggestion in its revised amendment dated 
November 8, 1994 (Administrative Record No. IA-408). The Director is 
approving this proposed definition, as discussed in Finding No. 5.b 
above.

2. Federal Agency Comments

    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from various Federal agencies with an actual or 
potential interest in the Iowa program. No comments were received.

3. Environmental Protection Agency (EPA) Concurrence and Comments

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit 
the written concurrence of EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated 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 its amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record No. IA-400). EPA did 
not respond to OSM's request.

4. State Historic Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
IA-400). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves Iowa's proposed 
amendment as submitted on April 13, 1994, and as revised on November 8, 
1994.
    In accordance with 30 CFR 732.17(f)(1), the Director is also taking 
this opportunity to clarify in the required amendment section at 30 CFR 
915.16 that, within 60 days of the publication of this final rule, Iowa 
must either submit a proposed written amendment, or a description of an 
amendment to be proposed that meets the requirements of SMCRA and 30 
CFR Chapter VII and a timetable for enactment that is consistent with 
Iowa's established administrative or legislative procedures.
    The Director approves the rules as 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.
    The Federal regulations at 30 CFR Part 915, codifying decisions 
concerning the Iowa 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

1. 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).

2. 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 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 12550) 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.

3. 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)). [[Page 17464]] 

4. 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.).

5. 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 that 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. 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 counterpart Federal regulations.

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 31, 1995.
Russell F. Price,
Acting Assistant Director, Western Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 915--IOWA

    11. 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 by revising the heading and by adding 
paragraph (k) to read as follows:


Sec. 915.15  Approval of amendments to the Iowa regulatory program.

* * * * *
    (k) Revisions to and/or addition of the following rules, as 
submitted to OSM on April 13, 1994, and as revised on November 8, 1994, 
are approved effective April 6, 1995:

    IAC 27-40.3(207), general provisions of regulatory program; 27-
40.4(9), definition of ``previously mined area;'' 27-40.31(14), 
requirements for permits and permit processing; 27-40.32(207), 
revisions, amendment, renewal, transfer, sale, assignment of permit; 
27-40.51(7), bond release applications; 27-40.63(20), backfilling and 
grading, time and distance requirements; 27-40.74(3), alternate 
enforcement; and 27-40.75(2), definition of ``violation, failure, or 
refusal.''

    3. Section 915.16 is revised to read as follows:


Sec. 915.16  Requried program amendments.

    Pursuant to 30 CFR 732.17(f)(1), Iowa is required to submit to OSM 
by the specified date the following written, proposed program 
amendment, or a description of an amendment to be proposed that meets 
the requirements of SMCRA and 30 CFR Chapter VII and a timetable for 
enactment that is consistent with Iowa's established administrative or 
legislative procedures.

[FR Doc. 95-8465 Filed 4-5-95; 8:45 am]
BILLING CODE 4310-05-M