```
[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Rules and Regulations]
[Pages 25391-25394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12249]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 918

[SPATS No. LA-017-FOR]

Louisiana Regulatory Program

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

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

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). Louisiana proposed revisions to and additions of regulations 
pertaining to definitions, request for

[[Page 25392]]

hearing, permitting requirements, small operator assistance program, 
bond release requirements, performance standards, and enforcement 
procedures/civil penalties. The amendment is intended to revise the 
Louisiana program to be consistent with the corresponding Federal 
regulations.

EFFECTIVE DATES: May 8, 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 October 24, 1997 (Administrative Record No. LA-
362), Louisiana submitted a proposed amendment to its program pursuant 
to SMCRA. Louisiana submitted the proposed amendment in response to a 
June 17, 1997, letter (Administrative Record No. LA-361) that OSM sent 
to Louisiana in accordance with 30 CFR 732.17(c).
    OSM announced receipt of the proposed amendment in the November 19, 
1997, Federal Register (62 FR 61712), 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 December 19, 1997. Because no one 
requested a public hearing or meeting, none was held.
    During its review of the amendment, OSM identified concerns 
relating to Section 2725., Reclamation plan: ponds, impoundments, bank, 
dams and embankments, and Section 6507., Service of notices of 
violation and cessation orders. OSM notified Louisiana of these 
concerns by electronic mail dated March 12, 1998, (Administrative 
Record No. LA-362.07).
    By letter dated March 24, 1998 (Administrative Record No. AL-
362.09), Louisiana responded to OSM's concerns by submitting additional 
explanatory information and revisions to its proposed program 
amendment. Louisiana proposed additional revisions to paragraph A. and 
A.2. of Section 2725., Reclamation plan: ponds, impoundments, bank, 
dams and embankments. Because the additional information merely 
clarified certain provisions of Louisiana's proposed amendment, OSM did 
not reopen the public comment period.

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.

A. Revisions to Louisiana's Regulations That Are Substantively 
Identical to the Corresponding Provisions of the Federal Regulations

    The proposed State regulations listed in the table below contain 
language that is the same as or similar to the corresponding sections 
of the Federal regulations. Differences between the proposed State 
regulations and the Federal regulations are nonsubstantive.

------------------------------------------------------------------------
                                                            Federal     
              Topic                State Regulation       Counterpart   
                                                          Regulation    
------------------------------------------------------------------------
Definitions: ``other treatment    Section 105.......  30 CFR 701.5 and  
 facilities,'' ``previously                            795.3.           
 mined area,'' and ``qualified                                          
 laboratory''.                                                          
Reclamation plan: Ponds,          Section 2725.A,     30 CFR 780.25(a), 
 Impoundments, Bank, Dams and      A.2., A.3.,         (a)(2), (a)(3),  
 Embankments--General.             A.3.a., C.1., and   (a)(3)(i),       
                                   F.                  (c)(3), and (f). 
Prime Farmlands Issuance of       Section 2907.C.5..  30 CFR            
 Permit.                                               785.17(e)(5).    
Eligibility for Assistance......  Section             30 CFR            
                                   3705.A.2.a. and     795.6(a)(2)(i)   
                                   A.2.b.              and (a)(2)(ii).  
Program Services and Data         Section 3711.A.,    30 CFR 795.9(b)(1)
 Requirements.                     B.1. through B.6.   through (b)(6).  
Applicant Liability.............  Section 3717.A.,    30 CFR 795.12(a), 
                                   A.2., and A.3.      (a)(2), and      
                                                       (a)(3).          
Backfilling and Grading: Thin     Section 5411.A....  30 CFR 816.104(a).
 Overburden.                                                            
Backfilling and Grading: Thick    Section 5413.A....  30 CFR 816.105(a).
 Overburden.                                                            
Prime Farmland: Soil Removal....  Section 5503.A.2..  30 CFR            
                                                       823.12(c)(2).    
Prime Farmland: Soil Replacement  Section 5507.A.4..  30 CFR 823.14(d). 
Service of Notices of Violation   Section 6507.A.2..  30 CFR            
 and Cessation Orders.                                 843.14(a)(2)     
Procedures for Assessment         Section 6915.B.1..  30 CFR            
 Conference.                                           845.18(b)(1).    
------------------------------------------------------------------------

    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, the Director finds that 
Louisiana's proposed regulations are no less effective than the Federal 
regulations.

B. Section 2537. Permit Application Requirements

    Louisiana proposed to delete paragraph A.11. regarding cross 
sections, maps, and plans from its regulations. The Director is 
approving this deletion because OSM deleted the Federal counterpart 
regulation from its regulations that was previously found at 30 CFR 
779.25(a)(11) (See 59 FR 27932, dated May 27, 1994).

C. Section 3705. Eligibility for Assistance

    At paragraph A.2., an applicant is eligible for assistance if his 
or her probable total actual and attributed production from all 
locations does not exceed 100,000 tons during any consecutive 12-month 
period either during the term of his or her permit or during the first 
five years after issuance

[[Page 25393]]

of his or her permit, whichever period is shorter. Louisiana proposed 
to increase the tonnage limit to 300,000 tons. The Director is 
approving this tonnage increase because it will result in the State 
regulation being no less effective than the counterpart Federal 
regulation at 30 CFR 795.6(a)(1).

D. Section 4501. Procedures for Seeking Release of Performance Bond

    Louisiana proposed to add new paragraph A.3. that requires each 
application for each phase of bond release to include a notarized 
statement certifying that all applicable reclamation activities have 
been accomplished in accordance with the requirements of the State Act, 
the regulatory program, and the approved reclamation plan. Louisiana 
also proposed to redesignate old paragraph A.3 as A.4. The Director is 
approving the revisions because the resulting regulations will be no 
less effective than the counterpart Federal regulations at 30 CFR 
800.40 (a)(2) and (a)(3).

E. Section 5333. Hydrologic Balance: Impoundments

    Louisiana proposed to add new paragraph A.1. that requires 
impoundments meeting the Class B or C criteria for dams in the U.S. 
Department of Agriculture, Soil Conservation Service Technical Release 
No. 60 (120-VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' to 
comply with the ``Minimum Emergency Spillway Hydrologic Criteria'' 
table in TR-60 and the requirements of Section 5333. Louisiana also 
proposed to redesignate paragraphs A.1. through A.12. as paragraphs 
A.2. through A.13. The Director is approving these revisions because 
they will not render the State regulations less effective than the 
counterpart Federal regulations at 30 CFR 816.49.

F. Section 6913. Procedures for Assessment of Civil Penalties

    Paragraph B. of this section pertains to procedures the State can 
use to serve a person, who is issued a violation notice or cessation 
order, a copy of the proposed civil penalties assessment and the 
worksheet showing the computation of the proposed assessment. Louisiana 
proposed to add a new and alternative provision for serving these 
documents. The new provision allows the State to use any means 
consistent with the rules governing service of a summons and complaint 
under the Louisiana Rules of Civil Procedure. The Director is approving 
the new provision because it is no less effective than the counterpart 
Federal regulation at 30 CFR 843.14(a)(2).

G. Section 6917. Request for Hearing

    At paragraph A., Louisiana allows a person charged with a violation 
15 days, from the date of service of the conference office's action, to 
contest the proposed penalty or the fact of the violation by submitting 
a petition and an amount equal to the proposed penalty. Louisiana 
proposed to change from 15 days to 30 days the amount of time for 
contesting the proposed penalty or the fact of the violation after the 
date of service of the conference office's action. The Director is 
approving this revision because it will make the State regulation no 
less effective than the counterpart Federal regulation at 30 CFR 
845.19(a).

H. Section 7105. Procedure for Assessment of Individual Civil Penalty

    Louisiana proposed to revise paragraph C. to read as follows:

    C. Service. For purposes of this Section, service is sufficient 
if it would satisfy the Louisiana Rules of Civil Procedure for 
service of a summons and complaint. Service shall be complete upon 
tender of the notice of proposed assessment and included information 
or of the certified mail and shall not be deemed incomplete because 
of refusal to accept.

    The Director is approving this revision because it is no less 
effective than the counterpart Federal regulation at 30 CFR 846.17(c).

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.
    In a letter dated November 17, 1997 (Administrative Record No. LA-
362.04), the U.S. Army Corps of Engineers responded that Louisiana's 
changes to its program were satisfactory to their agency. The U.S. 
Department of the Interior's Fish and Wildlife Service also submitted 
comments in a letter dated November 17, 1997 (Administrative Record No. 
LA-362.05). this agency stated that it had no objections to the 
proposed amendments to Louisiana's Surface Mining Regulations and that 
the changes should result in greater program consistency and should not 
adversely impact fish and wildlife resources within their trusteeship.

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 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-362.01). 
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-362.02). 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 October 24, 1997, and as revised 
on March 24, 1998.
    The Director approves the regulations as proposed by Louisiana with 
the provision that they be fully promulgated in identical form to the 
regulations 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

[[Page 25394]]

(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: April 28, 1997.
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.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final                         
             date                  publication      Citation/description
------------------------------------------------------------------------
                                                                        
*                *                *                *                *   
                         *                *                *            
October 24, 1997..............  May 8, 1998......  Sections 105.;       
                                                    2537.A.11.; 2725.A.,
                                                    A.2., A.3., A.3.a., 
                                                    C.1., F; 2907.C.5.; 
                                                    3705.A.2., A.2a.,   
                                                    A.2.b.; 3711.A.,    
                                                    B.1. through B.6.;  
                                                    3717.A., A.2., A.3.;
                                                    4501.A.3., A.4.;    
                                                    5333.A.1. through   
                                                    A.13.; 5411.A.;     
                                                    5413.A.; 5503.A.2.; 
                                                    5507.A.4.;          
                                                    6507.A.2.; 6913 .B.;
                                                    6915.B.1.; 6917.A.; 
                                                    7105.C.             
------------------------------------------------------------------------

[FR Doc. 98-12249 Filed 5-7-98; 8:45 am]
BILLING CODE 4310-05-M
```