Louisiana Regulatory Program; Approval of Amendment

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