Iowa Regulatory Program

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.

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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

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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

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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.

* * * * *

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Original amendment submission Date of final Citation/

date publication description

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* * * * *

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