[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1547]
[[Page Unknown]]
[Federal Register: January 24, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
Indiana Permanent Regulatory Program Amendment
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule.
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SUMMARY: OSM is announcing receipt of a proposed amendment submitted by
Indiana as a modification to the State's permanent regulatory program
(hereinafter referred to as the Indiana program) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The amendment
(number 93-7) consists of proposed changes to the Indiana Surface
Mining Rules provisions concerning OSM Regulatory Reform I, II, and III
issues, required program amendments, and State initiatives. The primary
focus of the amendments is on soil capability and restoration
standards, individual civil penalties, significant/nonsignificant
revisions, coal exploration, and performance bonds. The amendment is
intended to resolve outstanding issues that remain present in the
approved Indiana program resulting from changes to the Federal program.
The amendment would also incorporate changes desired by the State that
address various parts of the State rules.
This notice sets forth the times and locations that the Indiana
program and the proposed amendment to that program will be available
for public inspection, the comment period during which interested
persons may submit written comments on the proposed amendment, and the
procedures that will be followed for a public hearing, if one is
requested.
DATES: Written comments must be received on or before 4 p.m. on
February 24, 1994; if requested, a public hearing on the proposed
amendment is scheduled for 1 p.m. on February 18, 1994; and requests to
present oral testimony at the hearing must be received on or before 4
p.m. on February 8, 1994.
ADDRESSES: Written comments and requests to testify at the hearing
should be directed to Mr. Roger W. Calhoun, Director, Indianapolis
Field Office, at the address listed below. If a hearing is requested,
it will be held at the same address.
Copies of the Indiana program, the amendment, a listing of any
scheduled public meetings, and all written comments received in
response to this notice will be available for public review at the
following locations, during normal business hours, Monday through
Friday, excluding holidays:
Office of Surface Mining Reclamation and Enforcement, Indianapolis
Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania
Street, room 301, Indianapolis, IN 46204. Telephone: (317) 226-6166.
Indiana Department of Natural Resources, 402 West Washington Street,
room 295, Indianapolis, IN 46204. Telephone: (317) 232-1547.
Each requester may receive, free of charge, one copy of the
proposed amendment by contacting the OSM Indianapolis Field Office.
FOR FURTHER INFORMATION CONTACT:
Mr. Roger W. Calhoun, Director, Telephone (317) 226-6166; (FTS) 8-317-
226-6166.
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
On July 29, 1982, the Indiana program was made effective by the
conditional approval of the Secretary of the Interior. Information
pertinent to the general background on the Indiana program, including
the Secretary's findings, the disposition of comments, and a detailed
explanation of the conditions of approval of the Indiana program can be
found in the July 26, 1982, Federal Register (47 FR 32107). Subsequent
actions concerning the conditions of approval and program amendments
are identified at 30 CFR 914.10, 914,15, and 914.16.
II. Discussion of the Proposed Amendments
Since July 29, 1982, (the date of conditional approval of the
Indiana program), a number of changes have been made to the Federal
regulations concerning surface coal mining and reclamation operations.
Pursuant to the Federal regulations at 30 CFR 732.17, OSM informed
Indiana on May 22, 1985 (Regulatory Reform I), on August 24, 1988
(Regulatory Reform II), and on September 20, 1989 (Regulatory Reform
III), that a number of Indiana regulations are less effective than or
inconsistent with the revised Federal requirements.
By letter date December 30, 1993 (Administrative Record No. IND-
1322), the Indiana Department of Natural Resources (IDNR) submitted to
OSM a State program amendment package (number 93-7) consisting of
revisions to 38 sections of the Indiana rules. These revisions address
changes to the Indiana program that were identified in the three
letters referred to above, and certain required program amendments. The
State has also proposed additional changes which Indiana believes will
further improve the approved State program. The primary focus of the
submittal is on soil capability and restoration standards, individual
civil penalties, significant/non-significant revisions, coal
exploration, and performance bonds.
The following rulemaking actions are being proposed by Indiana:
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Rule No. Subject (intended action)
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310 IAC 12-0.5-32.25............... Definition of ``cropland capable
land''. (New)
310 IAC 12-0.5-69.5................ Definition of ``land capability''.
(New)
310 IAC 12-0.5-109.5............... Definition of ``rooting media.''
(New)
310 IAC 12-0.5-110.5............... Definition of ``shadow area.''
(New)
310 IAC 12-0.5-122.5............... Definition of ``substantially
disturb.'' (New)
310 IAC 12-1-5..................... Exemptions for coal extraction
incidental to the extraction of
other minerals. (Amend)
310 IAC 12-3-12.................... General requirements; coal
exploration. (Amend)
310 IAC 12-3-31.................... Permit applications; geology
description. (Amend)
310 IAC 12-3-37.................... Permit applications; land use
information. (Amend)
310 IAC 12-3-48.................... Permit applications; postmining
land uses. (Amend)
310 IAC 12-3-69.................... Underground permits; geology
description. (Amend)
310 IAC 12-3-74.................... Underground permits; land use.
(Amend)
310 IAC 12-3-78.................... Underground permits; general
requirements. (Amend)
310 IAC 12-3-82.................... Underground permits; postmining
land uses. (Amend)
310 IAC 12-3-97.................... Special category permits;
approximate original contour
variance. (Amend)
310 IAC 12-3-106................... Review, public participation, and
approval or disapproval of permit
applications; responsibility.
(Amend)
310 IAC 12-3-121................... Permit revisions. (Amend)
310 IAC 12-4-5..................... Filing bonds; requirements. (Amend)
310 IAC 12-4-7..................... Period of liability. (Amend)
310 IAC 12-5-3..................... Coal exploration; performance
standards. (Amend)
310 IAC 12-5-4..................... Coal exploration; permit
requirements. (Amend)
310 IAC 12-5-12.1.................. Surface mining; topsoil and
subsoil. (Amend)
310 IAC 12-5-53.................... Contemporaneous reclamation.
(Amend)
310 IAC 12-5-54.1.................. Backfilling and grading; timing
limitations. (Amend)
310 IAC 12-5-68.................... Repealed
310 IAC 12-5-68.5.................. Postmining land capability. (New)
310 IAC 12-5-78.1.................. Underground mining; topsoil and
subsoil. (Amend)
310 IAC 12-5-117................... Underground mining; contemporaneous
reclamation. (Amend)
310 IAC 12-5-136................... Repealed.
310 IAC 12-136.5................... Underground mining; postmining land
capability. (New)
310 IAC 12-5-156................... Coal Preparation plants not within
a permit area for a mine; special
performance standards. (Amend)
310 IAC 12-5-159................... Annual report. (New)
310 IAC 12-6-19.................... Individual civil penalties;
definitions (New)
310 IAC 12-6-20.................... Individual civil penalties; timing
for assessment. (New)
310 IAC 12-6-21.................... Individual civil penalties; amount
of individual civil penalty. (New)
310 IAC 12-6-22.................... Individual civil penalties;
procedure for assessment of
individual civil penalty. (New)
310 IAC 12-6-23.................... Individual civil penalties; payment
of penalty. (New)
310 IAC 12-7-4..................... Filing requirements. (Amend)
310 IAC 12-7-5..................... Filing dates. (Amend)
310 IAC 12-7-6..................... Filing locations. (Amend)
------------------------------------------------------------------------
The full text of the proposed program amendment submitted by
Indiana is available for public inspection at the addresses listed
above. The Director now seeks public comment on whether the proposed
amendment is no less effective than the Federal regulations. If
approved, the amendment will become part of the Indiana program.
III. Public Comment Procedures
In accordance with provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendment proposed by Indiana satisfies
the requirements of 30 CFR 732.15 for the approval of State program
amendments. If the amendment is deemed adequate, it will become part of
the Indiana program.
Written Comments
Written comments should be specific, pertain only to issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under ``DATES'' or at locations other than the Indianapolis Field
Office will not necessarily be considered in the final rulemaking or
included in the Administrative Record.
Public Hearing
Persons wishing to comment at the public hearing should contact the
person listed under ``FOR FURTHER INFORMATION CONTACT'' by the close of
business on February 9, 1994. If no one requests an opportunity to
comment at a public hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to comment have been heard. Persons in the audience
who have not been scheduled to comment and who wish to do so will be
heard following those scheduled. The hearing will end after all persons
who desire to comment have been heard.
Public Meeting
If only one person requests an opportunity to comment at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting at the Indianapolis Field Office by
contacting the person listed under ``FOR FURTHER INFORMATION CONTACT.''
All such meetings will be open to the public and, if possible, notices
of meetings will be posted in advance at the locations listed above
under ``ADDRESSES.'' A summary of the meeting will be included in the
Administrative Record.
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget under Executive Order 12866.
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 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 the Office of Management and Budget 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
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. Hence, 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 counterpart Federal regulations.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 18, 1994.
Carl C. Close,
Assistant Director, Eastern Support Center.
[FR Doc. 94-1547 Filed 1-21-94; 10:00 am]
BILLING CODE 4310-05-M