[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Rules and Regulations]
[Pages 16490-16492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8788]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

[SPATS No. IA-009-FOR]


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 its rules pertaining to the prompt repair or 
compensation for material damage caused by subsidence to non-commercial 
buildings and occupied residential dwellings and related structures and 
the replacement of drinking, domestic and residential water supplies 
that have been adversely impacted by underground coal mining 
operations. The amendment is intended to revise the Iowa program to be 
consistent with the corresponding Federal regulations.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Regulatory Program 
Specialist, Office of Surface Mining, Mid-Continent Regional 
Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, 
Illinois 62002. Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION: 

I. Background on the Iowa Program
II. Submission of the Program Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Iowa Program

    On January 21, 1981, the Secretary of Interior conditionally 
approved the Iowa program, effective April 10, 1981. 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 915.10, 915.15, and 915.16.

II. Submission of the Proposed Amendment

    By letter dated December 4, 1996 (Administrative Record No. IA-
424), and pursuant to SMCRA, Iowa submitted a proposed amendment. The 
amendment was in response to a May 20, 1996, letter (Administrative 
Record No. IA-420) that OSM sent to the State in accordance with 30 CFR 
732.17(c).
    OSM announced receipt of the proposed amendment in the December 26, 
1996, Federal Register (61 FR 67967), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on January 27, 1997.
    During its review of the amendment, OSM identified concerns 
relating to Iowa Administrative Code (IAC) 40.4(10), Definitions for 
``material damage'' and ``occupied residential dwelling and structures 
related thereto''; IAC 40.38(3)(a), Pre-subsidence survey; IAC 
40.38(3)(b), Subsidence control plan; IAC 40.64(7), Repair of damage; 
and IAC 40.64(8), Drinking, domestic, or residential water supply. OSM 
notified Iowa of these concerns by telephone facsimile (fax) on January 
10, 1997 (Administrative Record No. IA-431), and by telephone on 
February 20, 1997 (Administrative Record No. IA-434).
    By letters dated February 3 and 24, 1997 (Administrative Record 
Nos. IA-430 and IA-433, respectively), Iowa responded to OSM's concerns 
by submitting additional explanatory information and/or revisions to 
its proposed program amendment.
    Iowa proposed additional revisions to IAC 40.4(10), Definitions for 
``material damage'' and ``occupied residential dwelling and structures 
related thereto''; IAC 40.38(3)(a), Pre-subsidence survey; IAC 
40.38(3)(b), Subsidence control plan; IAC 40.64(7), Repair of damage; 
and IAC 40.64(8), Drinking, regulation, IAC 40.64(9), pertaining to 
subsidence control. These additional revisions concerned the correction 
of citation references, cross-references, and typographical errors. 
Therefore, the public comment period was not reopened.

[[Page 16491]]

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.

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                 Topic                           State regulations             Federal counterpart regulations  
----------------------------------------------------------------------------------------------------------------
Definitions:                                                                                                    
    ``Drinking, domestic or             IAC 40.4(10).......................  30 CFR 701.5.                      
     residential water supply,''                                                                                
     ``Material damage,'' ``Non-                                                                                
     commercial building,'' ``Occupied                                                                          
     residential dwelling and                                                                                   
     structures related thereto,'' and                                                                          
     ``Replacement of water supply''.                                                                           
Hydrologic information:                                                                                         
    Probable hydrologic consequences    IAC 40.38(2).......................  30 CFR 784.14(e)(3)(iv).           
     determination.                                                                                             
Subsidence control plan...............  IAC 40.38(3).......................  30 CFR 784.20.                     
Subsidence control:                                                                                             
    Measures to prevent or minimize     IAC 40.64(6).......................  30 CFR 817.121(a).                 
     damage.                                                                                                    
Subsidence control:                                                                                             
    Repair of damage..................  IAC 40.64(7).......................  30 CFR 817.121(c).                 
Drinking, domestic, or residential      IAC 40.64(8).......................  30 CFR 817.41(j).                  
 water supply.                                                                                                  
Subsidence control....................  IAC 40.64(9).......................  30 CFR 817.121(b).                 
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    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, the Director finds that Iowa's 
proposed rules are no less effective than the Federal rules and is 
approving them.
    The Director notes that the word ``reasonable'' at IAC 
40.64(7)(c)(4)(v) should be ``reasonably,'' and he is requiring Iowa to 
correct this spelling error before the final rule is promulgated.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Iowa program. OSM received only 
two comments; one from the U.S. Army Corps of Engineers and the other 
from the U.S. Department of Labor, Mine Safety and Health 
Administration (Administrative Record Nos. IA-426 and IA-427, 
respectively). The U.S. Army Corps of Engineers responded that the 
changes in the State's program were satisfactory. The U.S. Department 
of Labor, Mine Safety and Health Administration responded that it had 
no comments regarding the proposed rule.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the 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 this 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-425). EPA did 
not respond to OSM's request.

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

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
IA-425). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Iowa on December 4, 1996, and as revised on 
February 3 and 24, 1997.
    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 the reviewed by OSM and the public.
    As discussed in III. Director's Findings, the Director is requiring 
Iowa to correct the aforementioned spelling error before the State 
promulgates the final rule.
    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

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).

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 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

[[Page 16492]]

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

    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)).

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. 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 corresponding Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 20, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 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.

* * * * *

------------------------------------------------------------------------
  Original amendment submission      Date of final         Citation/    
              date                    publication         description   
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
December 4, 1996................  April 7, 1997.....  IAC 40.4(10); .38 
                                                       (2) and (3); 64  
                                                       (6) through (9). 
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[FR Doc. 97-8788 Filed 4-4-97; 8:45 am]
BILLING CODE 4310-05-M