[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22961]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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


DEPARTMENT OF THE INTERIOR
30 CFR Part 914

 

Indiana Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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

SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Indiana regulatory program (hereinafter referred to as the ``Indiana 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment (#94-3) consists of revisions to the 
Indiana rules concerning performance standards for restoring soil 
productivity for surface coal mining and reclamations under IC 13-4.1. 
The amendment is intended to revise the Indiana program to be 
consistent with SMCRA and the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., E.S.T. October 
17, 1994. If requested, a public hearing on the proposed amendment will 
be held on October 11, 1994. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T. on October 3, 1994.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Roger W. Calhoun, Director, Indianapolis 
Field Office at the first address listed below.
    Copies of the Indiana program, the proposed amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Indianapolis Field Office. 
Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

Roger W. Calhoun, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, Room 301, Indianapolis, Indiana 46204, Telephone: (317) 226-
6166
Indiana Department of Natural Resources, 402 West Washington Street, 
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547

FOR FURTHER INFORMATION CONTACT: Roger W. Calhoun, Director, 
Indianapolis Field Office, Telephone: (317) 226-6166.

SUPPLEMENTARY INFORMATION: 

I. Background on the Indiana Program

    On July 29, 1982, the Secretary of the Interior conditionally 
approved the Indiana program. Background information on the Indiana 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the July 26, 
1982, Federal Register (47 FR 32071). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
914.10, 914.15, and 914.16.

II. Discussion of the Proposed Amendment

    By letter dated January 4, 1993 (Administrative Record Number IND-
1193), Indiana submitted a proposed amendment (#93-1) intended to 
address the required program amendments concerning revegetation at 30 
CFR 914.16 (i), (j), (k), (l), and (m). See 57 FR 41869 (September 14, 
1982), and 57 FR 22653 (May 29, 1992) for background on these required 
amendments. The amendments submitted on January 4, 1993, were reviewed 
and approved by the Director on August 2, 1993 (58 FR 41039).
    By letter dated August 11, 1994 (Administrative Record Number IND-
1392), Indiana submitted formal program amendment #94-3. The proposed 
program amendment concerns the performance standards for restoring soil 
productivity for surface coal mining and reclamation operations under 
IC 13-4.1.
    In its submittal of this amendment, Indiana stated all of the 
rules, except 310 IAC 12-4-16, were submitted in a previous package 
(amendment #93-1) and their amended language was approved by OSM at 58 
FR 41039 (August 2, 1993). In addition, 310 IAC 12-5-145, which was 
part of amendment #93-1 has been excluded from this submittal. Indiana 
stated that as a result of ongoing Federal litigation over the language 
of the previously-submitted subsection (c) of 310 IAC 12-5-145, the 
Indiana Division of Reclamation feels that this rule, as printed at 15 
Indiana Register (IR) 2167, is adequate and effective, and that 310 IAC 
12-5-145 will not be resubmitted.
    Only those provisions which differ from those amendments approved 
by OSM in the August 2, 1992, Federal Register notice are considered by 
OSM to be amendments subject to public review and comment under this 
announcement. The proposed amendments are summarized below.

1. 310 IAC 12-4-16  Performance Bond Release; Requirements

    Subdivision 16(c)(3)(A) is amended by deleting the work ``or'' and 
replacing that word with ``and.'' As amended, subdivision 16(c)(3)(A) 
provides that Phase III bond may be released only after: (A) the 
operator has successfully completed all surface coal mining and 
reclamation activities required in IC 13-4.1, 310 IAC 12, ``and'' the 
permit.

2. 310 IAC 12-5-145  Prime Farmland; Special Performance Standards

    Indiana is proposing to delete subsection 145(c) which was approved 
by OSM on August 2, 1994 (58 FR 41039). Deleted subsection 145(c) 
contains the following language: ``Soil reconstruction shall be carried 
out in accordance with the specifications of the Soil Conservation 
Service of the United States Department of Agriculture establishing 
prime farmland soil reconstruction specifications for Indiana.''
    In its submittal of this amendment Indiana stated that the language 
quoted above was omitted because of ongoing litigation concerning the 
language of subsection 145(c). The litigation to which Indiana referred 
in its submittal of #94-3 is Indiana Coal Council, Inc. vs. Babbitt, 
No. IP93-1328-C (S.D. Ind. filed October 1, 1993).

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Indiana program.

Written Comments

    Written comments should be specific, pertain only to the 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 speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
E.S.T. on October 3, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to testify at the 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 speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak 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 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 at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 12, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-22961 Filed 9-15-94; 8:45 am]
BILLING CODE 4310-05-M