[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Proposed Rules]
[Pages 1549-1551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-647]



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DEPARTMENT OF THE INTERIOR
30 CFR Part 914

[SPAT No. IN-133-FOR; Amendment No. 95-11]


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 to the 
Indiana regulatory program (hereinafter the ``Indiana program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to the Indiana Surface Coal 
Mining and Reclamation Act (ISMCRA) as enacted by the Indiana General 
Assembly (1995) in House Enrolled Act 1575 (HEA 1575). The proposed 
amendment concerns unanticipated events or conditions, lands eligible 
for remining, and surface and underground tonnage fees. The amendment 
is intended to revise the Indiana program to be consistent with SMCRA 
and to incorporate State initiatives.

DATES: Written comments must be received by 4:00 p.m., e.s.t., February 
21, 1996. If requested, a public hearing on the proposed amendment will 
be held on February 13, 1996. Requests to speak at the hearing must be 
received by 4:00 p.m., e.s.t., on February 6, 1996

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. Roger W. Calhoun, Director, 
Indianapolis Field Office, at the 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.

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-
6700.
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) 226-6700.

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 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. Description of the Proposed Amendment

    By letter dated September 11, 1995 (Administrative Record No. IND-
109), Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the proposed amendment at its own initiative. 
HEA 1575 amends ISMCRA by adding new sections and revising existing 
sections to recodified Indiana Code (IC) 14-8 and 14-34. The proposed 
amendment concerns unanticipated events or conditions, lands eligible 
for remining, and surface and underground tonnage fees. The 
recodification of the current provisions of ISMCRA is proposed in 
Indiana's Regulatory Program Amendment No. 95-10, and it will be 
discussed in a separate proposed rule.

1. IC 14-8-2-144.5  Lands Eligible for Remining

    Indiana proposed to add the following definition for lands eligible 
for remining at IC 14-8-2-144.5


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    ``Lands eligible for remining'', for purposes of IC 14-34, means 
those lands that are eligible for funding under: (1) IC 14-34-19; or 
(2) Section 402(g)(4) of the Federal Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(g)(4)).

2. IC 14-8-2-285.5  Unanticipated Event or Condition

    Indiana proposes to add the following definition for unanticipated 
event or condition at IC 14-8-2-285.5.

    ``Unanticipated event or condition'', for purposes of IC 14-34-
4, means an event or condition that: (1) is encountered in a 
remining operation; and (2) was not contemplated by the applicable 
surface coal mining and reclamation permit.

3. IC 14-34-2-4  Responsibilities of the Director

    Indiana proposes to amend recodified IC 14-34-2-4 [previously IC 
13-4.1-2-2(b)] by adding new paragraph (7) to subsection (a) and adding 
new subsection (b) to read as follows.

    (7) Submit to the federal Office of Surface Mining a formal 
state program amendment, subject to subsection (b).
    (b) The director may submit a formal amendment to the state 
program for the regulation of surface coal mining and reclamation to 
the federal Office of Surface Mining only after the provisions of 
the amendment: (1) have been approved by the governor; or (2) have 
become law.

4. IC 14-34-4-8.5  Permit Findings

    Indiana proposes to add the following new section at IC 14-34-4-
8.5.

    The: (1) finding required by section 7(a)(6) of this chapter; 
and (2) prohibition on the issuance of a permit in section 8 of this 
chapter; do not apply to a violation resulting from an unanticipated 
event or condition at a surface coal mining operation on lands 
eligible for remining under a permit held by the applicant.

5. IC 14-34-4-10.5  Permit Application Requirement

    Indiana proposes to add the following new section at IC 14-34-4-
10.5.

    (a) A person who submits an application for a permit or for the 
revision or renewal of a permit under this article shall, to the 
extent not otherwise addressed in the permit application, make a 
good faith effort to identify potential problems that may result in 
an unanticipated event or condition.
    (b) An event or condition that arises despite substantial 
adherence to the applicable operation and reclamation plan may be 
considered unanticipated if it was not identified in the application 
for the governing permit.

6. IC 14-34-10-2(b)(23)  Revegetation Requirement

    Indiana proposes to amend recodified IC 14-34-10-2(b)(23) 
[previously IC 13-4.1-8-1(20)] by adding the words ``as follows'' after 
the phrase ``Assume the responsibility for successful revegetation, as 
required by subdivision (22)'' and by adding two subparagraphs (A) and 
(B). Subparagraph (A) contains the previous provision pertaining to a 
five-year responsibility period, and Indiana clarified this provision 
by adding an introductory phrase, ``On lands not eligible for 
remining.'' Subparagraph (B) contains the following new provision for 
lands eligible for remining.

    (B) On lands eligible for remining, for two (2) full years after 
the last year of augmented seeding, fertilizing, irrigation, or 
other work in order to ensure compliance with subdivision (22).

7. IC 14-34-13-1  Reclamation Fee Requirement for Surface Coal Mining 
Operations

    Indiana proposes to amend recodified IC 14-34-13-1 [previously IC 
13-4.1-3-2(b)] by (1) removing the language ``Notwithstanding any other 
fees paid before July 1, 1991, until July 1, 1995,''; (2) adding the 
word ``surface'' before the word ``coal'' in the first sentence; and 
(3) by changing the reclamation fee from five and one-half cents 
($0.055) to three cents ($0.03) per ton of coal produced.

8. IC 14-34-13-2  Reclamation Fee Requirement for Underground Coal 
Mining Operations

    Indiana proposes to amend recodified IC 14-34-13-2 [previously IC 
13-4.1-3-2(c) by adding new subsection (a) and by revising the existing 
language and designating it as subsection (b).
    a. The following new provision was added at subsection
    (a).

    Except as provided in subsection (b), all operators of 
underground coal mining operations subject to this article shall pay 
to the department for deposit in the natural resources reclamation 
division fund established by IC 14-34-14-2 a reclamation fee of two 
cents ($0.02) per ton of coal produced.

    b. At subsection (b), the language ``Until July 1, 1995,'' is 
removed from the beginning of the first sentence, and the word 
``that:'' is added after the word ``operations.'' At subsection (b)(1), 
the word ``with'' is removed and replaced with the word ``have.'' At 
subsection (b)(2), the word ``who'' is removed.

9. IC 14-34-19-2  Abandoned Mines

    Indiana proposes to amend recodified IC 14-34-19-2 [previously IC 
13-4.1-15-2] by designating the existing language as subsection (a) and 
by adding new subsection (b). New subsection (b) reads as follows:

    Surface coal mining operation on lands eligible for remining do 
not affect the eligibility of the lands for reclamation and 
restoration under this chapter after the release of the bond or 
deposit for the operation under IC 14-34-6.

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 [February 6, 1996]. The location and time of the hearing 
will be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak 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.
    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.

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 

[[Page 1551]]
to meet the 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, notice 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 
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: January 9, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-647 Filed 1-19-96; 8:45 am]
BILLING CODE 4310-05-M