North Dakota Regulatory Program, 81120-81122 [2010-32414]
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81120
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[FR Doc. 2010–32418 Filed 12–23–10; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 934
[SATS No. ND–051–FOR; Docket ID No.
OSM–2009–0013]
North Dakota Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We are approving an
amendment to the North Dakota
regulatory program (the ‘‘North Dakota
program’’) under the Surface Mining
Control and Reclamation Act of 1977
(‘‘SMCRA’’ or ‘‘the Act’’). North Dakota
proposes revisions to rules and statutes
that will allow the revegetation
responsibility period to be reduced from
ten years to five years for lands eligible
for remining. North Dakota intends to
revise its program to be consistent with
the corresponding Federal regulations
and to improve operational efficiency.
DATES: Effective Date: December 27,
2010
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jeffery Fleischman, Field Office
Director, Casper Field Office, Office of
Surface Mining Reclamation and
Enforcement, 150 East B Street, Room
1018, Casper, Wyoming 82604–1018,
307–261–6552, jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and
Enforcement’s (OSM’s) Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. Procedural Determinations
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I. Background on the North Dakota
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 State 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 this Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
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1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the North
Dakota program on December 15, 1980.
You can find background information
on the North Dakota program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval in the December 15, 1980,
Federal Register (45 FR 82214). You can
also find later actions concerning North
Dakota’s program and program
amendments at 30 CFR 934.15, 934.16,
and 934.30.
II. Submission of the Proposed
Amendment
By letter dated November 12, 2009,
North Dakota sent us an amendment to
its program (Amendment number
XXXVIII, Administrative Record Docket
ID: OSM–2009–0013) under SMCRA
(30 U.S.C. 1201 et seq.). North Dakota
submitted the amendment on its own
accord. The amendment reduces the
reclamation liability period on
previously mined areas from ten full
years to five full years. The Federal
regulations at 30 CFR 816.116 provide
incentives for eligible remining
operations including reduced
revegetation responsibility periods (2
years in the East and 5 years in the
West).
Specifically, North Dakota proposes
revisions to the North Dakota Century
Code at Chapter 38–14.1–24(18)
(Environmental protection performance
standards) and to the North Dakota
Administrative Code at Article 69–05.2–
09–02(14) (Permit applications—
operation plans—maps and plans) and
Article 69–05.2–22–07(2) and (4)(i)
(Performance standards—
Revegetation—Standards for success).
North Dakota proposes to reduce the
reclamation liability period on
previously mined areas from ten years
to five years. This change will apply to
the North Dakota Century Code as well
as the North Dakota Administrative
Code. North Dakota defines previously
mined areas as ‘‘lands that were affected
by coal mining activities prior to
January 1, 1970.’’ North Dakota also
proposes to require permit applications
that include previously mined areas to
include additional maps and
information addressing potential
environmental and safety problems that
might occur at the mining site.
We announced receipt of the
proposed amendment in the February 9,
2010, Federal Register (Vol. 75, No. 26,
FR page number 6330). In the same
document, we opened the public
comment period and provided an
opportunity for a public hearing or
meeting on the amendment’s adequacy
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(Administrative Record Docket ID:
OSM–2009–0013).
We did not receive any comments. We
did not hold a public hearing or meeting
because no one requested one. The
public comment period ended on March
11, 2010.
III. OSM’s Findings
Following are the findings we made
concerning the amendment under
SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17. We are
approving the amendment as described
below.
A. Revisions to North Dakota’s Rules
and Statutes That Have the Same
Meaning as the Corresponding
Provisions of the Federal Regulations
and/or SMCRA
North Dakota proposed revisions to
the following rules containing language
that is the same as or similar to the
corresponding section of the Federal
regulations. North Dakota
Administrative Code (NDAC) 69–05.2–
22–07 (30 CFR 816.116), Performance
standards—Revegetation—Standards for
success.
North Dakota proposes for areas
meeting the definition of previously
mined area to require a five year
liability period for revegetation success.
All other areas in North Dakota have a
ten year liability period. The Federal
regulations at 30 CFR 818.116 allow the
same five year period.
Because these proposed rules contain
language that is the same as or similar
to the corresponding Federal
regulations, we find that they are no less
effective than the corresponding Federal
regulations and we approve it.
B. Revisions to North Dakota’s Rules
That Are Not the Same as the
Corresponding Provisions of the Federal
Regulations
North Dakota Century Code Chapter
(NDCC) 38–14.1–24(18) (SMCRA
Section 515(20)(B)), Environmental
Protection Performance Standards.
North Dakota proposes to add a
definition for ‘‘previously mined areas.’’
The definition would adopt January 1,
1970, the effective date of North
Dakota’s first reclamation law, as the
cut-off eligibility date for lands eligible
for remining. Previously mined areas are
those that were mined prior to January
1, 1970. The Federal definition of
previously mined areas are those mined
prior to August 3, 1977, and for which
investigation reveals, are not reclaimed
to the standards of SMCRA. Under
North Dakota’s proposed definition far
fewer lands would be considered but
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there is no determination as to their
condition.
This date is more restrictive than
SMCRA as clarified by the State. North
Dakota states, ‘‘North Dakota’s definition
of lands eligible for remining will apply
to fewer lands as compared to the
SMCRA provisions. Since North
Dakota’s first reclamation law went into
effect on January 1, 1970, we will only
apply the special performance standard
(the reduced revegetation liability
period) to lands that were mined prior
to that date. Therefore, for the purposes
of remining under the coal regulatory
program, land must have been mined
prior to January 1, 1970, and be left in
an inadequate reclamation status. Any
lands that were mined in North Dakota
between January 1, 1970, and August 3,
1977, are subject to certain reclamation
standards as required by the preSMCRA State reclamation laws and will
not be eligible for the reduced 5-year
revegetation liability period. However,
under the SMCRA provisions, the
special remining standards can be
applied to lands that were mined prior
to August 3, 1977. We consider North
Dakota’s remining provisions to be more
stringent than SMCRA since fewer lands
are eligible for the special performance
standards. In North Dakota, lands mined
between January 1, 1970, and August 3,
1977, that are proposed to be remined
or re-disturbed will be subject to the 10year revegetation liability period,
whereas under SMCRA they could
qualify for the 5-year liability period.’’
North Dakota’s explanation that the
special performance standard (the 5year revegetation liability period) will
only apply to lands that were mined
prior to January 1, 1970, but not to those
lands mined between January 1, 1970,
and August 3, 1977, that are proposed
to be remined or re-disturbed, clarifies
which lands qualify for the shorter
responsibility period under its revised
statute at NDCC Chapter 38, Section
14.1–24, subsection 18. North Dakota’s
adoption of the January 1, 1970, date
rather than August 3, 1977, (the
effective date of SMCRA) renders its
definition no less stringent than the Act
and we approve it.
anticipated to occur as well as include
the mitigative measures that will be
taken to ensure that the applicable
reclamation requirements can be met. It
is more stringent than the Federal rules
since the Federal rules have no such
requirement and we approve it.
program demonstrates that the State has
the capability of carrying out the
provisions of the Act and meeting its
purposes. Making this regulation
effective immediately will expedite that
process. SMCRA requires consistency of
State and Federal standards.
IV. Summary and Disposition of
Comments
VI. Procedural Determinations
C. Revisions to North Dakota’s Rules
With No Corresponding Federal
Regulation
NDAC 69–05.2–09–02, Permit
applications—Operation plans—Maps
and plans.
This addition to North Dakota’s rules
does not have a Federal Counterpart. It
requires the permit application under
the remining provision to include
potential environmental and safety
hazards that could be reasonably
V. OSM’s Decision
Based on the above findings, we
approve North Dakota’s November 12,
2009, amendment.
To implement this decision, we are
amending the Federal regulations at 30
CFR Part 934, which codify decisions
concerning the North Dakota program.
We find that good cause exists under 5
U.S.C. 553(d)(3) to make this final rule
effective immediately. Section 503(a) of
SMCRA requires that the State’s
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Public Comments
We asked for public comments on the
amendment (Administrative Record
Docket ID: OSM–2009–0013), but did
not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and
section 503(b) of SMCRA, we requested
comments on the amendment from
various Federal agencies with an actual
or potential interest in the North Dakota
program (Administrative Record Docket
ID: OSM–2009–0013).
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i) and
(ii), we are required to get concurrence
from 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.).
We note that none of the proposed
changes relate to air or water quality
standards. Nevertheless, under 30 CFR
732.17(h)(11)(ii), OSM requested
comments on the amendment from EPA
(Administrative Record Docket ID:
OSM–2009–0013). EPA did not respond
to our request.
State Historic 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
properties. On November 25, 2009, we
requested comments on North Dakota’s
amendment (Administrative Record
Docket ID: OSM- 2009–0013), but
neither responded to our request.
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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
(OMB) under Executive Order 12866
(Regulatory Planning and Review).
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, and section
503(a)(7) requires that State programs
contain rules and regulations
‘‘consistent with’’ regulations issued by
the Secretary pursuant to SMCRA.
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Paperwork Reduction Act
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federally
recognized Indian Tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian Tribes, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes.
The rule does not involve or affect
Indian Tribes in any way.
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) et seq.).
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 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), of 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 government agencies, or
geographic regions.
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 934
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 12, 2010.
Allen D. Klein,
Regional Director, Western Region.
For the reasons set out in the
preamble, 30 CFR part 934 is amended
as set forth below:
■
PART 934—NORTH DAKOTA
1. The authority citation for part 934
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 934.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
■
§ 934.15 Approval of North Dakota
regulatory program amendments
*
*
Original amendment submission date
Date of final publication
*
*
*
November 12, 2009 .....................................................
*
*
December 27, 2010 .....................................................
BILLING CODE 4310–05–P
SUMMARY:
Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
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*
*
NDCC 38–14.1–24(18).
NDAC 69–05.2–09–2.
2NDAC 69–05.2–22–07.
ACTION:
[SATS No. TX–059–FOR; Docket No. OSM–
2010–0001]
13:10 Dec 23, 2010
*
Final rule; approval of
amendment.
DEPARTMENT OF THE INTERIOR
30 CFR Part 943
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Citation/description
Office of Surface Mining Reclamation
and Enforcement
[FR Doc. 2010–32414 Filed 12–23–10; 8:45 am]
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*
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We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving an amendment to
the Texas regulatory program (Texas
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Texas proposed
revisions to its regulations regarding
annual permit fees. Texas revised its
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Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81120-81122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32414]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[SATS No. ND-051-FOR; Docket ID No. OSM-2009-0013]
North Dakota Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We are approving an amendment to the North Dakota regulatory
program (the ``North Dakota program'') under the Surface Mining Control
and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). North Dakota
proposes revisions to rules and statutes that will allow the
revegetation responsibility period to be reduced from ten years to five
years for lands eligible for remining. North Dakota intends to revise
its program to be consistent with the corresponding Federal regulations
and to improve operational efficiency.
DATES: Effective Date: December 27, 2010
FOR FURTHER INFORMATION CONTACT: Jeffery Fleischman, Field Office
Director, Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, 150 East B Street, Room 1018, Casper, Wyoming 82604-1018,
307-261-6552, jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the North Dakota Program
II. Submission of the Proposed Amendment
III. Office of Surface Mining Reclamation and Enforcement's (OSM's)
Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the North Dakota 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 State 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 this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the North Dakota program on December 15, 1980.
You can find background information on the North Dakota program,
including the Secretary's findings, the disposition of comments, and
conditions of approval in the December 15, 1980, Federal Register (45
FR 82214). You can also find later actions concerning North Dakota's
program and program amendments at 30 CFR 934.15, 934.16, and 934.30.
II. Submission of the Proposed Amendment
By letter dated November 12, 2009, North Dakota sent us an
amendment to its program (Amendment number XXXVIII, Administrative
Record Docket ID: OSM-2009-0013) under SMCRA (30 U.S.C. 1201 et seq.).
North Dakota submitted the amendment on its own accord. The amendment
reduces the reclamation liability period on previously mined areas from
ten full years to five full years. The Federal regulations at 30 CFR
816.116 provide incentives for eligible remining operations including
reduced revegetation responsibility periods (2 years in the East and 5
years in the West).
Specifically, North Dakota proposes revisions to the North Dakota
Century Code at Chapter 38-14.1-24(18) (Environmental protection
performance standards) and to the North Dakota Administrative Code at
Article 69-05.2-09-02(14) (Permit applications--operation plans--maps
and plans) and Article 69-05.2-22-07(2) and (4)(i) (Performance
standards--Revegetation--Standards for success).
North Dakota proposes to reduce the reclamation liability period on
previously mined areas from ten years to five years. This change will
apply to the North Dakota Century Code as well as the North Dakota
Administrative Code. North Dakota defines previously mined areas as
``lands that were affected by coal mining activities prior to January
1, 1970.'' North Dakota also proposes to require permit applications
that include previously mined areas to include additional maps and
information addressing potential environmental and safety problems that
might occur at the mining site.
We announced receipt of the proposed amendment in the February 9,
2010, Federal Register (Vol. 75, No. 26, FR page number 6330). In the
same document, we opened the public comment period and provided an
opportunity for a public hearing or meeting on the amendment's adequacy
(Administrative Record Docket ID: OSM-2009-0013).
We did not receive any comments. We did not hold a public hearing
or meeting because no one requested one. The public comment period
ended on March 11, 2010.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below.
A. Revisions to North Dakota's Rules and Statutes That Have the Same
Meaning as the Corresponding Provisions of the Federal Regulations and/
or SMCRA
North Dakota proposed revisions to the following rules containing
language that is the same as or similar to the corresponding section of
the Federal regulations. North Dakota Administrative Code (NDAC) 69-
05.2-22-07 (30 CFR 816.116), Performance standards--Revegetation--
Standards for success.
North Dakota proposes for areas meeting the definition of
previously mined area to require a five year liability period for
revegetation success. All other areas in North Dakota have a ten year
liability period. The Federal regulations at 30 CFR 818.116 allow the
same five year period.
Because these proposed rules contain language that is the same as
or similar to the corresponding Federal regulations, we find that they
are no less effective than the corresponding Federal regulations and we
approve it.
B. Revisions to North Dakota's Rules That Are Not the Same as the
Corresponding Provisions of the Federal Regulations
North Dakota Century Code Chapter (NDCC) 38-14.1-24(18) (SMCRA
Section 515(20)(B)), Environmental Protection Performance Standards.
North Dakota proposes to add a definition for ``previously mined
areas.'' The definition would adopt January 1, 1970, the effective date
of North Dakota's first reclamation law, as the cut-off eligibility
date for lands eligible for remining. Previously mined areas are those
that were mined prior to January 1, 1970. The Federal definition of
previously mined areas are those mined prior to August 3, 1977, and for
which investigation reveals, are not reclaimed to the standards of
SMCRA. Under North Dakota's proposed definition far fewer lands would
be considered but
[[Page 81121]]
there is no determination as to their condition.
This date is more restrictive than SMCRA as clarified by the State.
North Dakota states, ``North Dakota's definition of lands eligible for
remining will apply to fewer lands as compared to the SMCRA provisions.
Since North Dakota's first reclamation law went into effect on January
1, 1970, we will only apply the special performance standard (the
reduced revegetation liability period) to lands that were mined prior
to that date. Therefore, for the purposes of remining under the coal
regulatory program, land must have been mined prior to January 1, 1970,
and be left in an inadequate reclamation status. Any lands that were
mined in North Dakota between January 1, 1970, and August 3, 1977, are
subject to certain reclamation standards as required by the pre-SMCRA
State reclamation laws and will not be eligible for the reduced 5-year
revegetation liability period. However, under the SMCRA provisions, the
special remining standards can be applied to lands that were mined
prior to August 3, 1977. We consider North Dakota's remining provisions
to be more stringent than SMCRA since fewer lands are eligible for the
special performance standards. In North Dakota, lands mined between
January 1, 1970, and August 3, 1977, that are proposed to be remined or
re-disturbed will be subject to the 10-year revegetation liability
period, whereas under SMCRA they could qualify for the 5-year liability
period.''
North Dakota's explanation that the special performance standard
(the 5-year revegetation liability period) will only apply to lands
that were mined prior to January 1, 1970, but not to those lands mined
between January 1, 1970, and August 3, 1977, that are proposed to be
remined or re-disturbed, clarifies which lands qualify for the shorter
responsibility period under its revised statute at NDCC Chapter 38,
Section 14.1-24, subsection 18. North Dakota's adoption of the January
1, 1970, date rather than August 3, 1977, (the effective date of SMCRA)
renders its definition no less stringent than the Act and we approve
it.
C. Revisions to North Dakota's Rules With No Corresponding Federal
Regulation
NDAC 69-05.2-09-02, Permit applications--Operation plans--Maps and
plans.
This addition to North Dakota's rules does not have a Federal
Counterpart. It requires the permit application under the remining
provision to include potential environmental and safety hazards that
could be reasonably anticipated to occur as well as include the
mitigative measures that will be taken to ensure that the applicable
reclamation requirements can be met. It is more stringent than the
Federal rules since the Federal rules have no such requirement and we
approve it.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment (Administrative
Record Docket ID: OSM-2009-0013), but did not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the North Dakota program
(Administrative Record Docket ID: OSM-2009-0013).
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(i) and (ii), we are required to get
concurrence from 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.).
We note that none of the proposed changes relate to air or water
quality standards. Nevertheless, under 30 CFR 732.17(h)(11)(ii), OSM
requested comments on the amendment from EPA (Administrative Record
Docket ID: OSM-2009-0013). EPA did not respond to our request.
State Historic 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
properties. On November 25, 2009, we requested comments on North
Dakota's amendment (Administrative Record Docket ID: OSM- 2009-0013),
but neither responded to our request.
V. OSM's Decision
Based on the above findings, we approve North Dakota's November 12,
2009, amendment.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 934, which codify decisions concerning the North Dakota
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrates that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this regulation effective immediately will expedite
that process. SMCRA requires consistency of State and Federal
standards.
VI. 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 (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
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, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
[[Page 81122]]
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on Federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
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) et seq.).
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.
3501 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), of 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 government
agencies, or geographic regions.
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 934
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 12, 2010.
Allen D. Klein,
Regional Director, Western Region.
0
For the reasons set out in the preamble, 30 CFR part 934 is amended as
set forth below:
PART 934--NORTH DAKOTA
0
1. The authority citation for part 934 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 934.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 934.15 Approval of North Dakota regulatory program amendments
* * * * *
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Date of final
Original amendment submission date publication Citation/description
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* * * * * * *
November 12, 2009.................... December 27, 2010...... NDCC 38-14.1-24(18).
NDAC 69-05.2-09-2.
2NDAC 69-05.2-22-07.
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[FR Doc. 2010-32414 Filed 12-23-10; 8:45 am]
BILLING CODE 4310-05-P