Iowa Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915

Iowa Permanent Regulatory Program

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

Interior.

ACTION: Proposed rule; reopening and extension of public comment period

on proposed amendment.

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SUMMARY: OSM is announcing the receipt of revisions to a previously

proposed amendment to the Iowa permanent regulatory program

(hereinafter, the ``Iowa Program'') under the Surface Mining Control

and Reclamation Act of 1977 (SMCRA), and is reopening the public

comment period on the proposed amendment. The revised amendment

proposes further changes of the Iowa regulations pertaining to permit

revisions, bond release applications, and individual civil penalties.

The amendment is intended to revise the State program to be consistent

with the corresponding Federal standards, clarify ambiguities, and

improve operational efficiency.

This document sets forth the times and locations that the Iowa

program and proposed amendment to that program are available for public

inspection and the reopened comment period during which interested

persons may submit written comments on the proposed amendment.

DATES: Written comments must be received by 4 p.m., c.s.t. December 8,

1994.

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.

Iowa 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 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. Discussion of 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.

OSM announced receipt of the proposed amendment in the May 5, 1994,

Federal Register (59 FR 23177) and, in the same document, opened the

public comment period and provided opportunity for a public hearing on

the adequacy of the proposed amendment. The public comment period ended

on June 6, 1994. The public hearing scheduled for May 31, 1994, was not

held because no one requested an opportunity to testify.

During its review of the amendment, OSM identified several concerns

relating to the provisions of the proposed amendment. OSM notified Iowa

of the concerns by letter dated October 3, 1994 (Administrative Record

No. IA-407), which identified eight deficiencies and one suggestion

concerning the April 13, 1994, amendment submission. By letter dated

November 8, 1994 (Administrative Record No. IA-408), Iowa submitted a

revised amendment. This new amendment submission contains further

revisions that are discussed briefly below:

(1) IAC 27-40.32 Permit Revisions

Iowa revises these regulations to require that all items

incorporated into an approved permit must be addressed by application

for either an amendment or a revision; removes the redundant

incorporation by reference of 30 CFR 774.11 (b) and (c); deletes a

phrase referring to conditions of the approved permit; establishes that

amendments as well as revisions are subject to Part 9 of the Iowa

rules; establishes the Division's intent that replacement documentation

for amendments as well as revisions must describe changes to be made in

the same detail as was required in the original permit; adds a

reference to cultural resources as a consideration when determining

significant departures from the original permit; and adds a third

criterion for approval of a revision, requiring that applicable

provisions of the written permit findings also be met.

(2) IAC 27-40.51(7) Applications for Bond Release

Iowa establishes a 30-day period in which the Division will make a

determination of completeness of the bond release application.

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

Iowa revises the definition to include applicable references to

appropriate Iowa regulations.

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 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.

IV. 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).

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 739,

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 OMB 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: November 17, 1994.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-28895 Filed 11-22-94; 8:45 am]

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