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Louisiana Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 26, 2001 (Volume 66, Number 247)]
[Proposed Rules]
[Page 66377-66379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de01-24]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 918
[SPATS No. LA-021-FOR]
Louisiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of revisions to a previously proposed
amendment to the Louisiana regulatory program (Louisiana program) under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the
Act). The revisions concern valid existing rights. Louisiana intends to
revise its program to be consistent with the corresponding Federal
regulations.
DATES: We will accept written comments until 4 p.m., c.s.t., January
10, 2002.
ADDRESSES: You should mail or hand deliver written comments to Michael
C. Wolfrom, Director, Tulsa Field Office, at the address listed below.
You may review copies of the Louisiana program, the amendment, and
all written comments received in response to this document at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. You may receive one free copy of the
amendment by contacting OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining, 5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6547,
Telephone: (918) 581-6430
Department of Natural Resources, Office of Conservation, Injection and
Mining Division, 625 N. 4th Street, P. O. Box 94275, Baton Rouge, LA
70804, Telephone: (225) 342-5540
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Louisiana Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``* * * a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior approved the
Louisiana program on October 10, 1980. 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.
II. Discussion of the Proposed Amendment
By letter dated August 3, 2001 (Administrative Record No. LA-
366.04), Louisiana sent us an amendment to its program under SMCRA and
the Federal regulations at 30 CFR 732.17(b). Louisiana sent the
amendment in response to our letters dated August 23, 2000, and March
14, 2001 (Administrative Record Nos. LA-366 and LA-366.03,
respectively), that we sent to Louisiana under 30 CFR 732.17(c).
We announced receipt of the amendment in the September 20, 2001,
Federal Register (66 FR 48393) and invited public comment on its
adequacy. The public comment period closed October 22, 2001.
During our review of the amendment, we identified concerns about
the proposed amendment. We notified Louisiana of these concerns by
letter dated November 14, 2001 (Administrative Record No. LA-366.08).
By letter dated November 20, 2001, Louisiana sent us a revised
amendment (Administrative Record No. LA-366.09).
Louisiana submitted additional revisions for the following
provisions of the amendment:
A. Section 105, Definition of Valid Existing Rights
Louisiana proposes to add a provision at paragraph c.4 of its
proposed definition to provide that a person who claims valid existing
rights to use or construct a road across the surface of protected lands
may demonstrate that valid existing rights exist under Sec. 105.Valid
Existing Rights a and b.
[[Page 66378]]
B. Section 1105, Areas Where Mining Is Prohibited or Limited
Louisiana proposes to revise the introductory language of this
section to read as follows:
No surface coal mining operation shall be conducted on the
following lands unless the applicant has either valid existing
rights, as determined under Sec. 2323, or qualifies for the
exception under Sec. 1109.
C. Section 1107, Procedures
1. Louisiana proposes to add a new Sec. 1107.B to provide that the
office will reject any portion of a permit application that would
locate surface coal mining operations on lands protected under
Sec. 1105 unless (1) the site qualifies for the exception for existing
operations under Sec. 1109; (2) a person has valid existing rights for
the land, as determined under Sec. 2323; (3) the applicant obtains a
waiver or exception from the prohibitions of Sec. 1105 in accordance
with Sec. 1107.C or D; or (4) for lands protected by Sec. 1105.a.3,
both the office and the agency with jurisdiction over the park or place
jointly approve the proposed operation in accordance with Sec. 1107.E.
2. Louisiana proposes to redesignate existing Sec. 1107.B as new
Sec. 1107.C, and revise it to read as follows:
1. If the office is unable to determine whether the proposed
operation includes land within an area specified in Sec. 1105.A.1.
or is located closer than the limits provided in Sec. 1105.A.6 or 7,
the office shall transmit a copy of the relevant portions of the
permit application to the federal, state, or local government agency
with jurisdiction over the protected land, structure, or feature for
a determination or clarification of the relevant boundaries or
distances, with a notice to the appropriate agency that it must
respond within 30 days of receipt of the request. The notice must
specify that another 30 days is available upon request, and that the
office will not necessarily consider a response received after the
comment period provided. If no response is received within the 30-
day period or within the extended period granted, the office may
make the necessary determination based on the information it has
available.
3. Louisiana proposes to redesignate existing Sec. 1107.C as new
Sec. 1107.D, and add a sentence at the beginning that states that the
provisions of Sec. 1107.D do not apply to lands for which a person has
valid existing rights, as determined under Sec. 2323; lands within the
scope of the exception for existing operations in Sec. 1109; or access
or haul roads that join a public road, as described in Sec. 1105.A.4.b.
4. Louisiana proposes to redesignate existing Sec. 1107.D as new
Sec. 1107.E, and add a sentence at the beginning that states that the
provisions of Sec. 1107.E do not apply to lands for which a person has
valid existing rights, as determined under Sec. 2323; lands within the
scope of the exception for existing operations in Sec. 1109; or access
or haul roads that connect with an existing public road on the side of
the public road opposite the dwelling, as provided in Sec. 1105.A.5.
5. Louisiana proposes to redesignate existing Sec. 1107.E as new
Sec. 1107.F, and revise it to read as follows:
1. Where the office determines that the proposed surface coal
mining operation will adversely affect any publicly owned park or
any place included in the National Register of Historic Places, the
office shall transmit to the federal, state, or local agency with
jurisdiction over the park or place a copy of applicable parts of
the permit application, together with a request for the agency's
approval or disapproval of the operation, and a notice to that
agency that it has 30 days from receipt of the request within which
to respond. The notice must specify that another 30 days is
available upon request, and that failure to interpose a timely
objection will constitute approval. The office may not issue a
permit for a proposed operation subject to the provisions of this
paragraph unless all affected agencies jointly approve.
2. Sec. 1107.F does not apply to lands for which a person has
valid existing rights, as determined under Sec. 2323 or lands within
the scope of the exception for existing operations in Sec. 1109.
6. Finally, Louisiana proposed to delete existing Sec. 1107.F and
G.
D. Section 1109, Exception for Existing Operations
Louisiana proposes to add this new section to provide that the
prohibitions of Sec. 1105 do not apply to surface coal mining
operations for which a valid permit, issued under Subpart 3 of the
Louisiana Surface Mining Regulations, exists when the land comes under
the protection of Sec. 1105. This exception applies only to lands
within the permit area as it exists when the land comes under the
protection Sec. 1105.
E. Section 2323, Valid Existing Rights Determination
1. Louisiana proposes to add new Sec. 2323.A to describe when the
office is responsible for making valid existing rights determinations.
2. Louisiana proposes to redesignate proposed Sec. 2323.A as new
Sec. 2323.B, and revise it to describe what an applicant must submit
when a request for a valid existing rights determination relies on the
various standards described in Sec. 105.Valid Existing Rights.b, b.i,
b.ii, and c.
3. Louisiana proposes to redesignate proposed Sec. 2323.B as new
Sec. 2323.C, and correct references throughout to reflect the changes
made in this proposed rule.
4. Louisiana proposes to redesignate proposed Sec. 2323.C as new
Sec. 2323.D, delete the sentence at new Sec. 2323.D.1 that provides
that OSM will publish a public notice in the Federal Register, and
correct references throughout new Sec. 2323.D to reflect the changes
made in this proposed rule.
5. Louisiana proposes to redesignate proposed Sec. 2323.D as new
Sec. 2323.E, correct references throughout to reflect the changes made
in this proposed rule, and replace the phrases ``agency responsible for
making the determination of valid existing rights,'' ``responsible
agency,'' and ``agency'' with the word ``office.'' Louisiana also
proposes to delete the sentence at new Sec. 2323.E.5.b that provides
that OSM will publish its determination, along with an explanation of
appeal rights and procedures, in the Federal Register.
6. Louisiana proposes to redesignate proposed Sec. 2323.E and F as
new Sec. 2323.F and G, and correct references throughout to reflect the
changes made in this proposed rule. Louisiana also proposes to replace
the phrases ``agency responsible for processing a request subject to
notice and comment under Sec. 2323.C,'' ``agency, when acting as the
regulatory authority,'' and ``agency'' with the word ``office.''
F. Miscellaneous Changes
Finally, Louisiana proposes to make a number of cross-reference
changes in Secs. 1105.A.4.b, 2311.B, 2731.A.2, 2733, 3103.A.5, and
3115.A.4.c to reflect the changes made in this proposed rule. Louisiana
also proposes to correct a typographical error in Sec. 2111.
III. Public Comment Procedures
We are reopening the comment period on the proposed Louisiana
program amendment to provide you an opportunity to reconsider the
adequacy of the amendment in light of the additional materials sent to
us. Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the amendment satisfies the program approval
criteria of 30 CFR 732.15. If we approve the amendment, it will become
part of the Louisiana program.
Written Comments: If you submit written comments on the proposed
rule during the 15-day comment period, they should be specific, should
be confined to issues pertinent to the notice, and should explain the
reason for your recommendation(s). We may not be able to consider or
include in the Administrative Record comments delivered to an address
other than the one listed above (see ADDRESSES).
[[Page 66379]]
Availability of Comments: Our practice is to make comments,
including names and home addresses of respondents, available for public
review during regular business hours at OSM's Tulsa Field Office (see
ADDRESSES). Individual respondents may request that we withhold their
home address from the administrative record, which we will honor to the
extent allowable by law. There also may be circumstances in which we
would withhold from the administrative record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
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
the Federal regulations at 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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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
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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C.804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local governmental agencies or
geographic regions; and (c) Does not have significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 918
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 10, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-31615 Filed 12-21-01; 8:45 am]
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