[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: 

------------------------------------------------------------------------
             Rule No.                     Subject (intended action)     
------------------------------------------------------------------------
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