[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Rules and Regulations]
[Pages 11829-11830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6192]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 918

[SPATS No. LA-015-FOR]


Louisiana Regulatory Program; Approval of Amendment

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 Louisiana 
regulatory program (hereinafter referred to as the ``Louisiana 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of the addition of a 
definition for ``replacement of water supply'' to the Louisiana Surface 
Mining Regulations (LSMR). The amendment is intended to revise the 
Louisiana program to be consistent with the corresponding Federal 
regulations.

EFFECTIVE DATE: March 11, 1998.

FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470, 
Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

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

I. Background on the Louisiana Program

    On October 10, 1980, the Secretary of the Interior conditionally 
approved the Louisiana program. Background information on the Louisiana 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the October 
10, 1980, Federal Register (45 FR 67340). Subsequent actions concerning 
the conditions of approval and program amendments can be found at 30 
CFR 918.15 and 918.16.

II. Submission of the Proposed Amendment

    By letter dated December 4, 1997 (Administrative Record No. LA-
363), Louisiana submitted a proposed amendment to its program pursuant 
to SMCRA. Louisiana submitted the proposed amendment in response to a 
July 2, 1996, letter (Administrative Record No. 358) that OSM sent to 
Louisiana in accordance with 30 CFR 732.17(c). Louisiana proposed to 
amend section 105 of the Louisiana Surface Mining Regulations by adding 
a definition for ``replacement of water supply.''
    OSM announced receipt of the proposed amendment in the January 7, 
1998, Federal Register (63 FR 712), and in the same document opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the adequacy of the proposed amendment. The public 
comment period closed on February 6, 1998, and because no one requested 
a public hearing or meeting, none was held.

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.
    LSMR Section 105  Definitions. Louisiana the following definition 
concerning the replacement of water supplies that have been adversely 
impacted by coal mining operations.

    Replacement of water supply--with respect to protected water 
supplies contaminated, diminished, or interrupted by coal mining 
operations, provision of water supply on both a temporary and 
permanent basis equivalent to premining quantity and quality. 
Replacement includes provision of an equivalent water delivery 
system and payment of operation and maintenance costs in excess of 
customary and reasonable delivery costs for premining water 
supplies.
    a. Upon agreement by the permittee and the water supply owner, 
the obligation to pay such operation and maintenance costs may be 
satisfied by a one-time payment in an amount which covers the 
present worth of the increased annual operation and maintenance 
costs for a period agreed to by the permittee and the water supply 
owner.
    b. If the affected water supply was not needed for the land use 
in existence at the time of loss, contamination, or diminution, and 
if the supply is not needed to achieve the postmining land use, 
replacement requirements may be satisfied by demonstrating that a 
suitable alternative water source is available and could feasibly be 
developed. If the latter approach is selected, written concurrence 
must be obtained from the water supply owner.

    Louisiana's proposed definition contains language that is 
substantively the same as the counterpart Federal definition for 
``replacement of water supply'' at 30 CFR 701.5. Therefore, the 
Director finds that the proposed definition at section 105 of the 
Louisiana Surface Mining Regulations is no less effective than the 
Federal definition.

IV. Summary and Disposition of Comments

Public Comments

    OSM solicited public comments on the proposed amendment, but none 
were received.

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 Louisiana program 
(Administrative Record No. LA-363.03).
    The U.S. Army Corps of Engineers responded by letter dated January 
27, 1998, that it found the changes to be satisfactory (Administrative 
Record No. LA-363.04).

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

[[Page 11830]]

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 
Louisiana proposed to make in this amendment pertain to air or water 
quality standards. Therefore, OSM did not request the EPA's 
concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from the EPA (Administrative Record No. LA-363.01). 
The 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. 
LA-363.02). Neither the 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 Louisiana on December 4, 1997.
    The Director approves the regulation as proposed by Louisiana with 
the provision that it be fully promulgated in identical form to the 
regulation submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 918, codifying decisions 
concerning the Louisiana 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 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

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 918

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: February 25, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR Part 918 is amended 
as set forth below:

PART 918--LOUISIANA

    1. The authority citation for Part 918 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 918.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 918.15  Approval of Louisiana regulatory program amendments.

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  Original amendment submission date     Date of final publication               Citation/description           
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December 4, 1997.....................  March 11, 1998...............  LSMR section 105.                         
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[FR Doc. 98-6192 Filed 3-10-98; 8:45 am]
BILLING CODE 4310-05-M