[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Rules and Regulations]
[Pages 54593-54595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26401]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 914

[SPATS No. IN-124-FOR; State Program Amendment No. 95-3]


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 
regulatory program (hereinafter referred to as the ``Indiana program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
Indiana proposed revisions to its regulations pertaining to the small 
operator assistance program (SOAP). The topics covered in the proposed 
amendment are definitions, eligibility for assistance, application 
approval and notice, program services and data requirements, qualified 
laboratories, and applicant liability. The amendment is intended to 
revise the Indiana program to be consistent with the corresponding 
Federal regulations and to incorporate an additional criterion under 
which a SOAP applicant is responsible for reimbursing Indiana for the 
cost of services rendered under its program.

EFFECTIVE DATE: October 25, 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, Indiana 46204, Telephone (317) 226-
6166.

SUPPLEMENTARY INFORMATION: 

I. Background on the Indiana Program
II. Submission of the Proposed 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 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 32107). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
914.10, 914.15, and 914.16.

II. Submission of the Proposed Amendment

    By letter dated May 3, 1995 (Administrative Record No. IND-1461), 
Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the proposed amendment at its own initiative. 
Indiana proposed to revise its SOAP regulations at 310 IAC 12-3-130, 
Definitions; 310 IAC 12-3-131, Eligibility for assistance; 310 IAC 12-
3-132.5, Application approval and notice; 310 IAC 12-3-133, Program 
services and data requirements; 310 IAC 12-3-134, Qualified laboratory; 
and 310 IAC 12-3-135, Applicant liability.
    OSM announced receipt of the proposed amendment in the May 30, 
1995, Federal Register (60 FR 28069), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on June 29, 1995.

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.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes or revised cross-references and paragraph notations to 
reflect 

[[Page 54594]]
organizational changes resulting from this amendment.

A. Revisions to Indiana's Regulations That Are Substantively Identical 
to the Corresponding Federal Regulations

----------------------------------------------------------------------------------------------------------------
      State regulation 310 Indiana                                             Federal counterpart 30 Code of   
        administrative code (IAC)                     Subject                    Federal Regulations (CFR)      
----------------------------------------------------------------------------------------------------------------
12-3-130................................  Definitions for program          795.3.                               
                                           administrator and qualified                                          
                                           laboratory.                                                          
12-3-131, Intro paragraph...............  Attributed coal production.....  795.6(a).                            
12-3-131(1).............................  ...............................  795.6(a)(1).                         
12-3-131(2).............................  ...............................  795.6(a)(2).                         
12-3-131(2)(B)..........................  ...............................  795.6(a)(2)(i).                      
12-3-131(2)(C)..........................  ...............................  795.6(a)(2)(ii).                     
12-3-132.5..............................  Application approval and notice  795.8.                               
12-3-133(a).............................  Program services and data        795.9 (a) and (c).                   
                                           requirements.                                                        
12-3-133(b).............................  ...............................  795.9(b).                            
12-3-134(a).............................  Qualified laboratories.........  795.10(a).                           
12-3-134(a)(1)-(a)(6)...................  ...............................  795.10(a)(1)-(a)(6).                 
12-3-134(b).............................  ...............................  795.10(b).                           
12-3-135(a).............................  Applicant liability............  795.12(a).                           
12-3-135(a)(1)-(a)(3)...................  ...............................  795.12(a)(1)-(a)(3).                 
12-3-135(b).............................  ...............................  795.12(b).                           
----------------------------------------------------------------------------------------------------------------

    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, the Director finds that 
Indiana's proposed rules are no less effective than the Federal rules.

B. Revisions to Indiana's Regulations With No Corresponding Federal 
Regulations

310 IAC 12-3-135, Applicant Liability
    At 310 IAC 12-3-135(a)(4), Indiana proposed to add a regulation to 
include another criterion under which a SOAP applicant is responsible 
for reimbursing Indiana for the cost of services rendered under its 
program. This criterion requires the applicant to reimburse Indiana if 
mining does not begin within six months after obtaining the permit. The 
Federal regulations at 30 CFR 795.12(a), concerning applicant liability 
for reimbursement of the cost of services, do not contain this specific 
requirement. However, the Director finds the proposed regulation is not 
inconsistent with the intent of the requirements of SMCRA and the 
Federal regulations pertaining to reimbursement for SOAP services, and 
the addition of this new criterion does not render the Indiana 
regulations at 310 IAC 12-3-135 less effective than the Federal 
regulations at 30 CFR Part 795.12.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Indiana program. On May 30, 1995 
(Administrative Record No. IND-1488), the United States Department of 
Agriculture, Natural Resources Conservation Service, responded that 
nothing in the proposed amendment would have any impact on its program 
areas.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed 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.). 
None of the revisions that Indiana proposed to make in this amendment 
pertain to air or water quality standards. Therefore, OSM did not 
request EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from EPA (Administrative Record No. IND-1480). On 
June 15, 1995 (Administrative Record No. IND-1489), EPA responded that 
it concurred with the proposed amendment without comment.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the 
proposed amendment from the SHPO and ACHP. No comments were received.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Indiana on May 3, 1995.
    The Director approves the rules as proposed by Indiana with the 
provision that they be fully promulgated in identical form to the rules 
submitted to and reviewed by OSM and the public.
    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 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 

[[Page 54595]]
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 State 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 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 13, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating 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. Section 914.15 is amended by adding paragraph (nnn) to read as 
follows:


Sec. 914.15  Approval of regulatory program amendments.

* * * * *
    (nnn) Revisions to the following regulations (Program Amendment 
Number 95-3), as submitted to OSM on May 3, 1995, are approved 
effective October 25, 1995:

    310 IAC 12-3-130--Small operator assistance; definitions for 
program administrator and qualified laboratory.
    310 IAC 12-3-131--Introductory paragraph, (1), (2), (2)(B), and 
(2)(C)--Small operator assistance; eligibility for assistance.
    310 IAC 12-3-132.5--Small operator assistance; application 
approval and notice.
    310 IAC 12-3-133--Small operator assistance; program services 
and data requirements.
    310 IAC 12-3-134--Small operator assistance; qualified 
laboratories.
    310 IAC 12-3-135--Small operator assistance; applicant 
liability.

[FR Doc. 95-26401 Filed 10-24-95; 8:45 am]
BILLING CODE 4310-05-M