[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26064]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 914

[#94-5]

 

Indiana Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of a proposed amendment and the 
withdrawal of a previously 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 new 
proposed amendment consists of changes to the Indiana Surface Mining 
rules concerning OSM Regulatory Reform I and III issues, required 
program amendments, and State initiatives. The primary focus of the 
amendments is on hydrology, impoundments, roads, support facilities, 
and additional miscellaneous issues. With the submittal of this 
amendment, Indiana is withdrawing previously proposed amendment #93-6 
concerning the same subjects. New proposed amendment #94-5 replaces 
withdrawn amendment #93-6. 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.

DATES: Written comments must be received by 4:00 p.m., E.S.T. November 
21, 1994. If requested, a public hearing on the proposed amendment will 
be held on November 14, 1994. Requests to speak at the hearing must be 
received by 4:00 p.m., E.S.T. on November 4, 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

    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), 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 dated October 15, 1993 (Administrative Record No. IND-
1300), the Indiana Department of Natural Resources (IDNR) submitted to 
OSM a State program amendment package #93-6 consisting of revisions to 
52 sections of the Indiana rules. These revisions address changes to 
the Indiana program that were identified in the two 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 
hydrology, impoundments, roads, support facilities, and termination of 
jurisdiction. OSM subsequently reviewed the proposed amendments in #93-
6 and provided Indiana with a detailed list of comments concerning the 
amendment.
    By letter dated September 26, 1994 (Administrative Record Number 
IND-1401), Indiana submitted proposed program amendment #94-5. In that 
letter, Indiana stated that #94-5 revises language which was previously 
submitted in program amendment #93-6, and formally withdrew amendment 
#93-6.
    The following rulemaking actions are being proposed by Indiana:

------------------------------------------------------------------------
        Rule No.                     Subject (intended action)          
------------------------------------------------------------------------
310 IAC 12-0.5-78.7......  Definition of ``other treatment facilities'' 
                            (New.)                                      
310 IAC 12-0.5-91.5......  Definition of ``previously mined area''      
                            (Amend.)                                    
310 IAC 12-0.5-109.......  Definition of ``road'' (Amend).              
310 IAC 12-3-30..........  Permit applications; hydrology (Amend).      
310 IAC 12-3-32..........  Permit applications; ground water (Amend).   
310 IAC 12-3-33..........  Permit applications; surface water (Amend).  
310 IAC 12-3-34..........  Permit applications; alternative water supply
                            (Amend).                                    
310 IAC 12-3-41..........  Permit applications; general requirements    
                            (Amend).                                    
310 IAC 12-3-47..........  Permit applications; protection of hydrologic
                            balance (Amend).                            
310 IAC 12-3-49..........  Permit applications; ponds, impoundments,    
                            banks, dams, and embankments (Amend).       
310 IAC 12-3-55..........  Permit applications; transportation          
                            facilities (Amend).                         
310 IAC 12-3-55.1........  Permit applications; road systems (New).     
310 IAC 12-3-68..........  Undergound permits; hydrology (Amend).       
310 IAC 12-3-70..........  Underground permits; ground water (Amend).   
310 IAC 12-3-71..........  Underground permits; surface water           
                            information (Amend).                        
310 IAC 12-3-81..........  Underground permits; protection of hydrologic
                            balance (Amend).                            
310 IAC 12-3-83..........  Underground permits; ponds, impoundments,    
                            banks, dams and embankments (Amend).        
310 IAC 12-3-90.5........  Underground permits; road systems (New).     
310 IAC 12-3-91..........  Underground mining; return of coal processing
                            waste to abandoned underground workings     
                            (Amend).                                    
310 IAC 12-3-127.........  Permit reviews; approval for transfer,       
                            assignment, or sale of permit rights        
                            (Amend).                                    
310 IAC 12-5-17..........  Surface mining; water quality standards and  
                            effluent limitations (Amend).               
310 IAC 12-5-20..........  Surface mining; sediment control measures    
                            (Amend).                                    
310 IAC 12-5-21..........  Surface mining; siltation structures (Amend).
310 IAC 12-5-24..........  Surface mining; permanent and temporary      
                            impoundments (Amend).                       
310 IAC 12-5-27..........  Surface mining; surface and ground water     
                            monitoring (Amend).                         
310 IAC 12-5-31..........  Hydrologic balance; diversions, impoundments,
                            and treatment facilities (Amend.)           
310 IAC 12-5-39..........  Disposal of excess spoil (Amend).            
310 IAC 12-5-41..........  Surface mining; general requirements (Amend).
310 IAC 12-5-42..........  Coal processing waste banks; site inspection 
                            (Amend).                                    
310 IAC 12-5-44..........  Coal processing waste banks; construction    
                            requirements (Amend).                       
310 IAC 12-5-48..........  Surface mining; dams and embankments; general
                            requirements (Amend).                       
310 IAC 12-5-50..........  Coal processing waste; dams and embankments; 
                            design and construction (Amend).            
310 IAC 12-5-69..........  Surface mining; roads (Amend).               
310 IAC 12-5-69.5........  Surface mining; primary roads (New).         
310 IAC 12-5-70..........  Other transportation facilities (Amend.)     
310 IAC 12-5-83..........  Underground mining; water quality standards  
                            and effluent limitations (Amend).           
310 IAC 12-5-86..........  Underground mining; sediment control measures
                            (Amend).                                    
310 IAC 12-5-87..........  Underground mining; siltation structures     
                            (Amend).                                    
310 IAC 12-5-90..........  Underground mining; permanent and temporary  
                            impoundments (Amend).                       
310 IAC 12-5-92..........  Underground mining; surface and ground water 
                            monitoring (Amend).                         
310 IAW 12-5-96..........  Underground mining; postmining rehabilitation
                            of siltation structures, diversions,        
                            impoundments, and treatment facilities      
                            (Amend).                                    
310 IAC 12-5-104.........  Underground mining; disposal of underground  
                            development waste and exceed spoil (Amend). 
310 IAC 12-5-105.........  Underground mining; coal processing waste    
                            banks; general requirements (Amend).        
310 IAC 12-5-106.........  Underground mining; coal processing waste    
                            banks; site inspection (Amend).             
310 IAC 12-5-108.........  Underground mining; coal processing waste    
                            banks; construction requirements (Amend).   
310 IAC 12-5-112.........  Underground mining; coal processing waste;   
                            dams and embankments; general requirements  
                            (Amend).                                    
310 IAC 12-5-114.........  Underground mining; dams and embankments;    
                            design and construction (Amend).            
310 IAC 12-5-137.........  Underground mining; roads (Amend).           
310 IAC 12-5-137.5.......  Primary roads (New).                         
310 IAC 12-5-144.........  Auger mining; additional performance         
                            standards (Amend).                          
310 IAC 12-6-19..........  Termination of jurisdiction (New).           
------------------------------------------------------------------------

    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 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 November 4, 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 
192(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: October 13, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-26064 Filed 10-19-94; 8:45 am]
BILLING CODE 4310-05-M