Iowa Regulatory Program
Federal Register, Volume 77 Issue 85 (Wednesday, May 2, 2012)
Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)
Rules and Regulations
Pages 25868-25872
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-10567
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
Docket No. IA-016-FOR; Docket ID OSM-2011-0014
Iowa Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing our approval 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 proposed 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, 2002, version to the July 1, 2010, version. Additionally, Iowa proposed to revise its Program related to ownership and control by updating its dates and adding new citations. Iowa intends to revise its program to be no less effective than the corresponding Federal regulations.
DATES: Effective Date: May 2, 2012.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field Division. Telephone: (317) 226-6700.
SUPPLEMENTARY INFORMATION:
-
Background on the Iowa Program
-
Submission of the Amendment
-
OSM's Findings
-
Summary and Disposition of Comments
-
OSM's Decision
-
Procedural Determinations
-
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.
-
Submission of the Amendment
By letter dated August 25, 2011 (Administrative Record No. IA-451), Iowa sent us an amendment to its Program under SMCRA (30 U.S.C. 1201 et seq.). Iowa sent the amendment in
Page 25869
response to a September 30, 2009, letter we sent to Iowa in accordance with 30 CFR 732.17(c), concerning multiple changes to ownership and control requirements (Administrative Record No. IA-450.1). Iowa proposed to revise its regulatory program by updating its adoption by reference of applicable portions of 30 CFR 700 to End from the July 1, 2002, version to the July 1, 2010, version.
We announced receipt of the proposed amendment in the October 17, 2011, Federal Register (76 FR 64043). In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the adequacy of the amendment. We did not hold a public hearing or meeting because no one requested one. The public comment period ended on November 16, 2011. We did not receive any public comments.
-
OSM's Findings
Following are the findings we made concerning the amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are approving the amendment, as described below. Any revisions that we do not specifically discuss below concern nonsubstantive wording or editorial changes.
Adoptions by Reference of 30 CFR Part 700 to End Revised as of July 1, 2010
Iowa updated its adoption by reference of applicable sections of 30 CFR 700 to End from those in effect as of July 1, 2002, to those in effect as of July 1, 2010. Iowa also revised dates and added citations in its ownership and control requirement sections listed in the table below.
------------------------------------------------------------------------
Federal
27 Iowa administrative code regulations
chapter 40, coal mining rules Topic adopted by
(IAC 27-40) reference (30
CFR)
------------------------------------------------------------------------
27-40.1 (17A, 207)(1)......... Authority and scope.. Part 700.
27-40.3 (207)................. General.............. Part 700.
27-40.4 (207)................. Permanent regulatory Parts 701 and
program and 702.
exemption for coal
extraction
incidental to the
extraction of other
minerals.
27-40.5 (207)................. Restrictions on Part 705.
financial interests
of State employees.
27-40.6 (207)................. Exemptions for coal Part 707.
extraction incident
to government--
financed highway or
other constructions.
27-40.7 (207)................. Protection of Part 865.
employees.
27-40.11 (207)................ Initial regulatory Part 710.
program.
27-40.12 (207)................ General performance Part 715.
standards--initial
program.
27-40.13 (207)................ Special performance Part 716.
standards--initial
program.
27-40.21 (207)(3) and (7)..... Areas designated by Part 761.
an Act of Congress.
27-40.22 (207)(1)............. Criteria for Part 762.
designating areas as
unsuitable for
surface coal mining
operations.
27-40.23 (207)................ State procedures for Part 764.
designating areas
unsuitable for
surface coal mining
operations.
27-40.30 (207)................ Requirements for coal Part 772.
exploration.
27-40.31 (207)(9), (10), and Requirements for Part 773.
(11). permits and permit
processing.
27-40.32 (207)(7)............. Revision or Part 774.
amendment; renewal;
and transfer,
assignment, or sale
of permit rights.
27-40.33 (207)................ General content Part 777.
requirements for
permit applications.
27-40.34 (207)................ Permit application-- Part 778.
minimum requirements
for legal,
financial,
compliance, and
related information.
27-40.35 (207)................ Surface mining permit Part 779.
applications--minimu
m requirements for
information on
environmental
resources.
27-40.36 (207)(2)............. Surface mining permit Part 780.
applications--minimu
m requirements for
reclamation and
operation plan.
27-40.37 (207)................ Underground mining Part 783.
permit applications--
minimum requirements
for information on
environmental
resources.
27-40.38 (207)(6)............. Underground mining Part 784.
permit applications--
minimum requirements
for reclamation and
operation plan.
27-40.39 (207)(2) and (3)..... Requirements for Part 785.
permits for special
categories of mining.
27-40.41 (207)................ Permanent regulatory Part 795.
program--small
operator assistance
program.
27-40.51 (207)................ Bond and insurance Part 800.
requirements for
surface coal mining
and reclamation
operations under
regulatory programs.
27-40.61 (207)................ Permanent program Part 810.
performance
standards--general
provisions.
27-40.62 (207)................ Permanent program Part 815.
performance
standards--coal
exploration.
27-40.63 (207)................ Permanent program Part 816.
performance
standards--surface
mining activities.
27-40.64 (207)................ Permanent program Part 817.
performance
standards--undergrou
nd mining activities.
Page 25870
27-40.65 (207)................ Special permanent Part 819.
program performance
standards--auger
mining.
27-40.66 (207)................ Special permanent Part 823.
program performance
standards--operation
s on prime farmland.
27-40.67 (207)................ Permanent program Part 827.
performance
standards--coal
preparation plants
not located within
the permit area of a
mine.
27-40.71 (207)................ State regulatory Part 840.
authority--inspectio
n and enforcement.
27-40.74 (207)................ Civil penalties...... Part 845.
27-40.75 (207)................ Individual civil Part 846.
penalties.
27-40.81 (207)................ Permanent regulatory Part 850.
program
requirements--standa
rds for
certification of
blasters.
27-40.82 (207)................ Certification of Part 955.
blasters.
27-40.91 (17A, 207)........... Procedural rules-- Part 775.11 and
contested cases and 775.13.
public hearings.
27-40.92 (17A, 207)(8)........ Contested cases...... Part 775.11 and
775.13.
27-40.93 (17A, 207)........... Commencement of Part 775.11 and
proceeding. 775.13.
27-40.94 (17A, 207)........... Appeals of division Part 775.11 and
notices and orders. 775.13.
27-40.95 (17A, 207)........... Prehearing motions... Part 775.11 and
775.13.
27-40.96 (17A, 207)........... Issuance of notices Part 775.11 and
of hearing. 775.13.
27-40.97 (17A, 207)........... Hearing procedures... Part 775.11 and
775.13.
27-40.98 (17A, 207)........... Posthearing Part 775.11 and
procedures. 775.13.
27-40.99 (17A, 207)........... Decision of the Part 775.11 and
administrative law 775.13.
judge, procedure in
appeals before the
committee,
extensions of time,
public hearings, and
judicial review of
the committee
decision.
------------------------------------------------------------------------
We find that Iowa's revised regulations adopted by reference are no less effective than the corresponding Federal regulations, and we are approving them.
-
Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive any.
Federal Agency Comments
On August 31, 2011, under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we requested comments on the amendments from various Federal agencies with an actual or potential interest in the Iowa program (Administrative Record No. IA-451.1). We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written concurrence from EPA for those provisions of the program amendment that relate to air or water quality standards issued 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, we did not ask EPA to concur on the amendment. However, by letter dated August 31, 2011, under 30 CFR 732.17(h)(11)(i), we requested comments on the amendment from the EPA (Administrative Record No. IA-451.1). The EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from the SHPO and ACHP on amendments that may have an effect on historic properties. By letter dated August 31, 2011, we requested comments on the amendment (Administrative Record No. IA-451.1), but neither responded to our request.
-
OSM's Decision
Based on the above findings, we approve the amendment Iowa sent us on August 25, 2011.
To implement this decision, we are amending the Federal regulations at 30 CFR part 915, which codify decisions concerning the Iowa program. We find that good cause exists under 5 U.S.C. 553(d)(3) to make this final rule effective immediately. Section 503(a) of SMCRA requires that the State's program demonstrate that the State has the capability of carrying out the provisions of the Act and meeting its purposes. Making this rule effective immediately will expedite that process. SMCRA requires consistency of State and Federal standards.
-
Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulation.
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
Page 25871
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 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 12, 2012.
Ervin J Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 915 is amended as set forth below:
PART 915--IOWA
0
-
The authority citation for part 915 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
-
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.
* * * * *
Page 25872
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
August 25, 2011............... May 2, 2012...... Sections: IAC 27-
40.1(17A, 207)(1);
40.3(207);
40.4(207);
40.5(207);
40.6(207);
40.7(207);
40.11(207);
40.12(207);
40.13(207);
40.21(207)(3) and
(7); 40.22(207)(1);
40.23(207);
40.30(207);
40.31(207) (9),
(10), and (11);
40.32(207)(7);
40.33(207);
40.34(207);
40.35(207);
40.36(207)(2);
40.37(207);
40.38(207)(6);
40.39(207)(2) and
(3); 40.41(207);
40.51(207);
40.61(207);
40.62(207);
40.63(207);
40.64(207);
40.65(207);
40.66(207);
40.67(207);
40.71(207);
40.74(207);
40.75(207);
40.81(207);
40.82(207);
40.91(17A, 207);
40.92(17A, 207)(8);
40.93(17A, 207);
40.94(17A, 207);
40.95(17A, 207);
40.96(17A, 207);
40.97(17A, 207);
40.98(17A, 207); and
40.99(17A, 207).
------------------------------------------------------------------------
FR Doc. 2012-10567 Filed 5-1-12; 8:45 am
BILLING CODE 4310-05-P
-
