Louisiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 918

[SPATS No. LA-018-FOR]

Louisiana Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is approving an amendment to the Louisiana regulatory program

(Louisiana program) under the Surface Mining Control and Reclamation

Act of 1977 (SMCRA). Louisiana proposed revisions to and additions of

statutes concerning requirements for permit applications, eligibility

requirements for the Small Operator Assistance Program (SOAP), and

permit exemptions. Louisiana intends to revise the Louisiana program to

be consistent with SMCRA and the Louisiana Surface Mining Regulations.

EFFECTIVE DATE: December 7, 1999.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite

470, Tulsa, Oklahoma 74135-6548. Telephone: (918) 581-6430. Internet:

[email protected].

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 approved the

Louisiana program. You can find background information on the Louisiana

program, including the Secretary's findings and the disposition of

comments in the October 10, 1980, Federal Register (45 FR 67340). You

can find later actions concerning the Louisiana program at 30 CFR

918.15 and 918.16.

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II. Submission of the Proposed Amendment

By letter dated August 23, 1999 (Administrative Record No. LA-364),

Louisiana sent us an amendment to its program under SMCRA. Louisiana

sent the amendment, which amends the Louisiana Revised Statutes (R.S.)

30:907 and 927, at its own initiative.

We announced receipt of the amendment in the September 10, 1999,

Federal Register (64 FR 49118). 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. The public comment period

closed on October 12, 1999. Because no one requested a public hearing

or meeting, we did not hold one.

III. Director's Findings

Following, under SMCRA and the Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning the amendment.

A. Revisions to Louisiana's Statutes That Have the Same Meaning as the

Corresponding Provisions of the Federal Statutes and/or Regulations

The State statutes listed in the table below contain language that

is the same as or similar to the corresponding sections of the Federal

statutes and/or regulations. Differences between the State statutes and

the Federal statutes and/or regulations are minor.

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Federal counterpart

Topic State statute regulation and/or statute

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Application requirements: R.S. 30:907(B)(18)............................. Sec. 507(b)(13) of SMCRA;

description of the nature of 30 CFR 779.12(b) and

cultural, historical, and 780.31.

archaeological resources.

Application requirements: R.S. 30:907(B)(19)............................. Sec. 515(b)(24) of SMCRA;

description of fish and wildlife 30 CFR 780.16(a).

resources.

Application requirements: R.S. 30:907(B)(20)............................. Sec. 515(b)(24) of SMCRA;

description of how the operator 30 CFR 780.16(b).

will minimize disturbances.

Eligibility requirements for the R.S. 30:907(C)................................. Sec. 507(c)(1) of SMCRA.

Small Operator Assistance Program

(SOAP).

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Because the above State statutes have the same meaning as the

corresponding Federal statutes and/or regulations, we find that they

are no less stringent than SMCRA and no less effective than the Federal

regulations.

B. R.S. 30:907(B)(16) and (17)

Louisiana proposes to remove the provision at paragraph B(16) that

requires an applicant to make information about coal seams, test

borings, core samplings, or soil samples available to any person with

an interest which is or may be adversely affected. Louisiana relocated

the provision to new paragraph B(17).

We find that Louisiana's relocation of this provision does not

render the Louisiana statutes any less stringent than SMCRA. Therefore,

we are approving the modification.

C. R.S. 30:927(2)

Louisiana proposed to revise paragraph (2) by removing the language

that allowed surface mining operations that disturbed two acres or less

to be exempt from the requirements of Chapter 9. Louisiana then added a

provision to allow a person mining other minerals to be exempt from the

requirements of Chapter 9 if the amount of coal extracted incidental to

the extraction of other minerals does not exceed sixteen and two-thirds

percent of the total tonnage of coal and other minerals removed for

purposes of commercial use or sale.

Pub. L. 100-34, signed into law May 7, 1987, repealed section

528(2) of SMCRA, which allowed surface mining operations that disturbed

two acres or less to be exempt from the requirements of SMCRA. As

Federal law, Pub. L. 100-34 invalidates any applicable State laws or

regulations that would authorize persons to conduct surface coal mining

operations of two acres or less without complying with SMCRA and the

approved regulatory program. Thus, Louisiana's removal of the provision

that would allow surface mining operations that disturbed two acres or

less to be exempt from the requirements of Chapter 9 has no effect on

its program. We therefore approve the removal of this provision as it

does not render the Louisiana statutes any less stringent than SMCRA.

We also approve the addition of the new language at this section,

which allows a person mining other minerals to be exempt from the

requirements of Chapter 9 if the amount of coal extracted incidental to

the extraction of other minerals does not exceed sixteen and two-thirds

percent of the total tonnage of coal and other minerals removed for

purposes of commercial use or sale. This language is substantively

identical to the language found at Section 701(28)(A) of SMCRA and 30

CFR Part 702.

IV. Summary and Disposition of Comments

Public Comments

We requested public comments on the amendment, but did not receive

any.

Federal Agency Comments

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from various Federal agencies with an actual or potential

interest in the Louisiana program (Administrative Record No. LA-

364.03).

By letter dated September 8, 1999 (Administrative Record No. LA-

364.04), the Natural Resources Conservation Service responded to our

request by stating that it had no comment on Louisiana's amendment.

Also, by letter dated September 30, 1999 (Administrative Record No. LA-

364.06), the U.S. Army Corps of Engineers responded to our request by

stating that it found Louisiana's proposed amendment satisfactory.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), we are required to get a written

agreement from the 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 Louisiana

proposed to make in this amendment pertain to air or water quality

standards. Therefore, we did not ask the EPA to agree on the amendment.

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from the EPA (Administrative Record No. LA-364.01). 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

[[Page 68291]]

properties. On September 1, 1999, we requested comments on Louisiana's

amendment (Administrative Record No. LA-364.02), but neither responded

to our request.

V. Director's Decision

Based on the above findings, we approve the amendment as sent to us

by Louisiana on August 23, 1999. We approve the statutes that Louisiana

proposed with the provision that they be published in identical form to

the statutes sent to and reviewed by OSM and the public.

To implement this decisions, we are amending the Federal

regulations at 30 CFR Part 918, which codify decisions concerning the

Louisiana program. We are making this final rule effective immediately

to expedite the State program amendment process and to encourage

Louisiana to bring its program into conformity with the Federal

standards. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review 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 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 State regulatory programs and

program amendments 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

This rule does not require an environmental impact statement since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on 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. Therefore, this rule will ensure that existing requirements

previously published 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 under 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: November 19, 1999.

Charles E. Sandberg,

Acting 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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Date of final

Original amendment submission date publication Citation/description

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August 23, 1999............................................. December 7, 1999 R.S. 30:907(B)(16) through

(20); (C); and 927(2).

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[FR Doc. 99-31619 Filed 12-6-99; 8:45 am]

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