[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Rules and Regulations]
[Pages 19668-19669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9774]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-117, Amendment Number 94-2]


Indiana Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Indiana permanent 
regulatory program (hereinafter referred to as the Indiana program) 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The amendment consists of miscellaneous revisions to Indiana's Surface 
Coal Mining and Reclamation Rules. The amendment is intended to revise 
the Indiana program to eliminate typographical, clerical, and spelling 
errors and to amend those instances where the word ``commission'' 
should be changed to ``director'' in accordance with Indiana Senate 
Enrolled Act (SEA) 362.

EFFECTIVE DATE: April 20, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. Roger W. Calhoun, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 
46204, Telephone (317) 226-6166.

SUPPLEMENTARY INFORMATION: 

I. Background on the Indiana Program.
II. Submission of the Amendment.
III. Director's Findings.
IV. Summary and Disposition of Comments.
V. Director's Decision.
VI. Procedural Determinations.

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. Submission of the Amendment

    By letter dated August 25, 1994 (Administrative Record No. IND-
1394), Indiana submitted program amendment #94-2 concerning 
miscellaneous revisions to the Indiana rules to eliminate 
typographical, clerical, and spelling errors and to amend those 
instances where the word ``commission'' should be changed to 
``director'' in accordance with Indiana SEA 362. OSM approved SEA 362 
as a program amendment on August 2, 1991 (56 FR 37016). By letter dated 
August 30, 1994 (Administrative Record No. IND-1395), Indiana submitted 
a supplement to the August 25, 1994, submittal which consists of a hard 
copy of the rules being amended in those instances where ``commission'' 
should be changed to ``director'' as a response to SEA 362 along with 
miscellaneous revisions.
    OSM announced receipt of the proposed amendment in the September 
16, 1994, Federal Register (59 FR 47571), and, in the same notice, 
opened the public comment period and provided opportunity for a public 
hearing on the adequacy of the proposed amendment. The comment period 
closed on October 17, 1994. By letter dated March 20, 1995 
(Administrative Record No. IND-1438), Indiana submitted additional 
typographical and clerical corrections to the proposed amendment in 
response to comments provided by OSM on February 14, 1995 
(Administrative Record No. IND-1437). In addition, Indiana withdrew its 
proposed change to 310 IAC 12-7-1(c) and reinstated the word 
``commissions,'' to this subsection. Therefore, 310 IAC 12-7-1(c) is 
not part of this amendment.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment to the Indiana program.
    In amendment #94-2, Indiana corrected numerous typographical, 
clerical, or spelling errors and made numerous changes from the word 
``commission'' to ``director.'' The Director finds that the numerous 
typographical, clerical, and spelling changes are nonsubstantive 
changes or changes which improve the clarity or accuracy of the Indiana 
rules.
    The Director finds that the changes from ``commission'' to 
``director'' more accurately reflect the responsibilities within the 
Indiana program as provided by SEA 362 which was approved by OSM on 
August 2, 1991 (56 FR 37016), and that the changes do not render the 
Indian program less effective than Federal regulations.

IV. Summary and Disposition of Comments

Federal Agency Comments

    Pursuant to section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i), 
comments were solicited from various interested Federal agencies. No 
comments were received.

Public Comments

    A public comment period and opportunity to request a public hearing 
was announced in the September 16, 1995, Federal Register (59 FR 
47571). The comment period closed on October 17, 1995. No one commented 
and no one requested an opportunity to testify at the scheduled public 
hearing so no hearing was held.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain 
the written concurrence of the Administrator of the EPA with respect to 
any provisions of a State program amendment that relate to air or water 
quality standards promulgated 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.). The Director has determined that this amendment contains no 
provisions in these categories and that EPA's concurrence is not 
required.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record No. IND-1403). EPA 
responded on September 27, 1994 (Administrative Record No. IND-1402) 
and stated that EPA had no comments.

V. Director's Decision

    Based on the findings above, the Director is approving Indiana's 
program amendment #94-2, concerning miscellaneous revisions to the 
Indiana rules as submitted by Indiana on August 25, 1994, supplemented 
on August 30, 1994, and amended on March 20, 1995.
    The Federal regulations at 30 CFR Part 914 codifying decisions 
concerning the Indiana program are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards 
[[Page 19669]] without undue delay. Consistency of State and Federal 
standards is required by SMCRA.

VI. 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 
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. 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 counterpart Federal regulations.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 13, 1995.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.

    For the reasons set out in the preamble, Title 30, Chapter VII, 
Subchapter T of the Code of Federal Regulations is amended as set forth 
below:

PART 914--INDIANA

    1. The authority citation for Part 914 continues to read as 
follows:

    Authority:  30 U.S.C. 1201 et seq.

    2. In Sec. 914.15, paragraph (jjj) is added to read as follows:


Sec. 914.15  Approval of regulatory program amendments.

* * * * *
    (jjj) Amendment #94-2 to the Indiana program concerning 
miscellaneous revisions to the Indiana rules as submitted to OSM on 
August 25, 1994, supplemented on August 30, 1994, and amended on March 
20, 1995, is approved effective April 20, 1995.

[FR Doc. 95-9774 Filed 4-19-95; 8:45 am]
BILLING CODE 4310-05-M