[Federal Register Volume 61, Number 210 (Tuesday, October 29, 1996)]
[Rules and Regulations]
[Pages 55743-55748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27599]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-119-FOR; State Amendment No. 94-5]


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, with exceptions and additional requirements, 
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 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

[[Page 55744]]

the amendment is on hydrology, impoundments, roads, support facilities, 
and additional miscellaneous issues. This amendment is intended to 
resolve outstanding issues that remain in the Indiana program resulting 
from changes to the Federal program. The amendment is also intended to 
add changes desired by the State.

EFFECTIVE DATE: October 29, 1996.

FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, 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 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 CFR 
914.10, 914.15, and 914.16.

II. Submission of the 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 program rules 
are less effective than or inconsistent with the revised Federal 
requirements.
    By letter dated October 15, 1993 (Administrative Record Number IND-
1300), the Indiana Department of Natural Resources (IDNR) submitted to 
OSM State program amendment package #93-6, which consisted of revisions 
to 52 sections of the Indiana rules. The revisions addressed changes to 
the Indiana program that were identified in the two letters referred to 
above, and certain required program amendments identified at 30 CFR 
914.16. The State has also proposed additional changes that are 
designed to further improve the Indiana program. The primary focus of 
the submittal is on hydrology, impoundments, roads, support facilities, 
and termination of jurisdiction. OSM reviewed the proposed #93-6 
amendments, and provided Indiana with a detailed list of comments 
concerning the amendments.
    By letter dated September 26, 1994 (Administrative Record Number 
IND-1401), Indiana submitted proposed amendment #94-5 as a revised 
replacement for amendment #93-6. OSM reviewed amendment #94-5 and 
submitted comments to Indiana by letter dated July 28, 1995 
(Administrative Record Number IND-1505). Indiana responded by letter 
dated August 16, 1995 (Administrative Record Number IND-1506).
    OSM announced receipt of proposed amendment #93-6 in the December 
16, 1993, Federal Register (53 FR 65679), 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 January 18, 1994.
    OSM announced receipt of proposed amendment #94-5 in the October 
20, 1994, Federal Register (59 FR 52943), 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 November 21, 1994. No one requested an 
opportunity to speak at the public hearing, so no hearing was held.

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.

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

    The following rulemaking actions are being proposed by Indiana:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Federal     
               Rule number                                      Subject                         counterpart (30 
                                                                                                     CFR)       
----------------------------------------------------------------------------------------------------------------
310 IAC 12-0.5-78.7.....................  Definition of ``other treatment facilities.''.....               701.5
310 IAC 12-0.5-91.5.....................  Definition of ``previously mined area.''..........               701.5
310 IAC 12-0.5-109......................  Definition of ``road.''...........................               701.5
310 IAC 12-3-30.........................  Permit applications; hydrology....................           780.21(a)
310 IAC 12-3-32.........................  Permit applications; ground water.................           780.21(b)
310 IAC 12-3-33.........................  Permit applications; surface water................           780.21(b)
310 IAC 12-3-34.........................  Permit application; alternative water supply......           780.21(e)
310 IAC 12-3-41.........................  Permit applications; general requirements.........      780.11(a), (b)
310 IAC 12-3-47.........................  Permit applications; protection of hydrologic                   780.21
                                           balance.                                                             
310 IAC 12-3-55.........................  Permit applications; transportation facilities....           780.37(a)
310 IAC 12-3-68.........................  Underground permits; hydrology....................           784.14(a)
310 IAC 12-3-70.........................  Underground permits; ground water.................      784.14(b), (h)
310 IAC 12-3-71.........................  Underground permits; surface water information....   784.14(b)(2), (I)
310 IAC 12-3-81.........................  Underground permits; protection of hydrologic           784.14(g), (e)
                                           balance.                                                             
310 IAC 12-3-91.........................  Underground mining; return of coal processing                   784.25
                                           waste to abandoned underground workings.                             
310 IAC 12-5-17.........................  Surface mining; water quality standards and                     816.42
                                           effluent limitations.                                                
310 IAC 12-5-20.........................  Surface mining; sediment control measures.........              816.45
310 IAC 12-5-27.........................  Surface mining; surface and ground water                        816.41
                                           monitoring.                                                          
310 IAC 12-5-31.........................  Hydrologic balance; diversions, impoundments, and               816.56
                                           treatment facilities.                                                
310 IAC 12-5-39.........................  Disposal of excess spoil..........................              816.71
310 IAC 12-5-41.........................  Surface mining; general requirements..............              816.81
310 IAC 12-5-42.........................  Coal processing waste banks; site inspection;                   816.83
                                           construction requirements.                                           
310 IAC 12-5-44.........................  Coal mine waste...................................              816.83
310 IAC 12-5-48.........................  Surface mining; dams and embankments; general                   816.84
                                           requirements.                                                        
310 IAC 12-5-50.........................  Coal processing waste; dams and embankments;                    816.84
                                           design and construction.                                             

[[Page 55745]]

                                                                                                                
310 IAC 12-5-69.........................  Surface mining; roads.............................             816.150
310 IAC 12-5-70.........................  Other transportation facilities...................             816.181
310 IAC 12-5-83.........................  Underground mining; water quality standards and                 817.42
                                           effluent limitations.                                                
310 IAC 12-5-86.........................  Underground mining; sediment control measures.....              817.46
310 IAC 12-5-92.........................  Underground mining; surface and ground water                    817.41
                                           monitoring.                                                          
310 IAC 12-5-96.........................  Underground mining; postmining rehabilitation of                817.56
                                           siltation structures, diversions, impoundments,                      
                                           and treatment facilities.                                            
310 IAC 12-5-104........................  Underground mining; disposal of underground                     817.71
                                           development waste and excess spoil.                                  
310 IAC 12-5-105........................  Underground mining; coal processing waste banks;                817.81
                                           general requirements.                                                
310 IAC 12-5-106........................  Underground mining; coal processing waste banks;                817.83
                                           site inspection.                                                     
310 IAC 12-5-108........................  Underground mining; coal processing waste banks;                817.83
                                           construction requirements.                                           
310 IAC 12-5-112........................  Underground mining; coal processing waste; dams                 817.84
                                           and embankments; general requirements.                               
310 IAC 12-5-114........................  Underground mining; dams and embankments; design                817.84
                                           and construction.                                                    
310 IAC 12-5-137........................  Underground mining; roads.........................             817.150
310 IAC 12-5-144........................  Auger mining; additional performance standards....              819.15
310 IAC 12-6-19.........................  Termination of jurisdiction.......................              700.11
----------------------------------------------------------------------------------------------------------------

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

B. Revisions to Indiana's Regulations That Are Not Substantively 
Identical to the Corresponding Federal Regulations

    1. 310 IAC 12-3-49/83  Permit applications; ponds, impoundments, 
refuse piles, coal mine waste dams and embankments.
    The changes to these sections add language substantively identical 
to and no less effective than the Federal counterparts at 30 CFR 780.25 
and 784.16. However, subsections 49/83(e)(3) lack a requirement for a 
stability analysis of each structure as required by 30 CFR 780.25(f) 
and 784.16(f). Therefore, the Director is requiring that the Indiana 
program be further amended to provide for a stability analysis as is 
required by 30 CFR 780.25(f) and 784.16(f).
    The Director notes that Indiana lacks certain counterpart 
provisions to Federal provisions found at 30 CFR 780.25(a), (a)(2), and 
(a)(3) that were amended in part on October 20, 1994, at 59 FR 53022. 
The Federal regulations were amended primarily to incorporate by 
reference certain criteria relating to dam classification found in U.S. 
Soil Conservation Service (SCS) Technical Release No. 60 (TR-60), 1985, 
in order to ensure that the permitting requirements for impoundments 
are consistent with the performance standards for impoundments and that 
both are tied to certain SCS and Mine Safety and Health Administration 
(MSHA) requirements. In a future 30 CFR part 732 letter, OSM will 
notify Indiana of the additional revisions to its program that are 
necessary to be no less effective than the revised Federal regulations 
discussed above.
    2. 310 IAC 12-3-55.1/90.5  Permit applications; road systems.
    These new sections are substantively identical to the counterpart 
Federal regulations at 30 CFR 780.37 and 784.24 with the following 
exceptions. Subsections 55.1/90.5(c) cross-reference the design 
requirements of 310 IAC 12-5-69.5/137.5. The design provisions in 310 
IAC 12-5-69.5 (2)(B) and 12-5-137.5(2) lack a technical basis on which 
to judge whether or not a road embankment is stable. The Director is 
approving the proposed provisions, but notes that subsections (c) cross 
reference sections 310 IAC 12-5-69.5/137.5 which are less effective to 
the extent described in Finding B-6, below.
    3. 310 IAC 12-3-127  Permit reviews; approval for transfer, 
assignment, or sale of permit rights.
    The Director finds the proposed amendments substantively identical 
to the counterpart federal regulations at 30 CFR 773.15. In addition, 
the Director is requiring that 310 IAC 12-3-127(c)(4), introductory 
paragraph, also be amended to include the phrase ``or by any person who 
owns or controls the applicant'' after the word ``applicant'' in line 
3, and the phrase ``or person who owns or controls the applicant'' 
after the word ``applicant'' in line 7.
    4. 310 IAC 12-5-21/87  Surface mining; siltation structures.
    The Director finds these amendments to be substantively identical 
to the counterpart Federal regulations at 30 CFR 816/817.46 (b) and (c) 
and 30 CFR 816/817.49(a)(9) except as noted below. The proposed 
language at subsections (a)(3) provide that professional land surveyors 
may certify the construction of siltation structures. The Federal 
regulations at 30 CFR 816/817.46(b)(3) and 816/817.49(a)(11)(iv) 
authorize professional land surveyors to inspect and certify certain 
impoundments only in States which authorize land surveyors to prepare 
and certify plans in accordance with 30 CFR 780.25(a). Indiana does not 
authorize land surveyors to prepare and certify such plans. Therefore, 
the proposed language is less effective than the Federal regulations to 
the extent that land surveyors would be allowed to inspect and certify 
the construction of siltation structures. The Director is approving 310 
IAC 12-5-21/87(a)(3) except to the extent that the provisions authorize 
land surveyors to inspect and certify the construction of siltation 
structures. Therefore, Indiana must remove from 310 IAC 12-5-21/
87(a)(3) the language concerning land surveyors that is not approved.
    The Director notes that the provisions at subsections (d)(2) do not 
include criteria for impoundments meeting the SCS Class B or C criteria 
as provided in 30 CFR 816.46(c)(2) and 816.49(a)(9). These Federal 
regulations were amended in part on October 20, 1994, at 59 FR 53022. 
The Federal regulations were amended primarily to incorporate by 
reference certain criteria relating to dam classification found in U.S. 
Soil Conservation Service (SCS) Technical Release No. 60 (TR-60), 1985, 
in order to ensure that the permitting requirements for impoundments 
are consistent with the performance standards for impoundments and that 
both are tied to certain SCS and Mine Safety and Health Administration 
(MSHA) requirements. In a future 30 CFR Part 732 letter, OSM will 
notify Indiana of the additional revisions to its program that are 
necessary to be no less effective than the revised Federal regulations 
discussed above.
    5. 310 IAC 12-5-24/90  Surface mining; permanent and temporary 
impoundments.

[[Page 55746]]

    The Director finds the proposed amendments to these sections to be 
similar to and no less effective than the counterpart Federal 
regulations at 30 CFR 816/817.49, with the following exceptions.
    At proposed 310 IAC 12-5-24/90(a)(9)(B), Indiana is adding language 
to authorize qualified registered professional land surveyors to 
certify certain impoundment inspections. The Federal regulations at 30 
CFR 816/817.49(a)(11)(iv) authorize professional land surveyors to 
inspect and certify certain impoundments as required by 816/
817.49(a)(11) only in States which authorize land surveyors to prepare 
and certify plans in accordance with 30 CFR 780.25(a). Indiana does not 
authorize land surveyors to prepare and certify such plans. Therefore, 
the proposed language is less effective than the Federal regulations at 
30 CFR 816/817.49(a)(11)(iv) to the extent that land surveyors would be 
allowed to inspect and certify certain impoundments. The Director is 
approving 310 IAC 12-5-24/90(a)(9)(B) except to the extent that the 
provisions authorize land surveyors to inspect and certify 
impoundments. Therefore, Indiana must remove from 310 IAC 12-5-21/
87(a)(3) the language concerning land surveyors that is not approved.
    At proposed 310 IAC 12-5-24/90(a)(9)(E), Indiana is adding language 
to authorize an exemption to the quarterly inspection requirements at 
12-5-24/90(a)(9)(E). There are no Federal counterparts to the proposed 
language, but OSM has approved similar language in Illinois (see 56 FR 
64988; December 13, 1991). In the Illinois finding, OSM determined that 
due to site specific factors such as relatively flat terrain and sparse 
population in the coal producing areas, an exemption from the annual 
certifications and quarterly inspections of non-hazardous impoundments 
is acceptable in Illinois. The Director has determined that the same is 
true for Indiana. The Director finds the proposed State language no 
less effective than the counterpart Federal regulations at 30 CFR 816/
817.49(a)(10) but, as with the Illinois approval, is requiring that 
Indiana use the criteria developed by OSM on September 7, 1990, as a 
guideline when reviewing exemption requests. In a letter dated August 
21, 1996, (Administrative Record Number IND-1542), Indiana agreed to 
use this criteria when reviewing an exemption request under this rule.
    In addition, the Director notes that Indiana's use of the term 
``subsection'' in the phrase ``shall be exempt from the examination 
requirements of this subsection'' is incorrect. In the August 21, 1996, 
letter, Indiana stated that the correct term should be ``clause,'' and 
that it is the intention of the Indiana Division of Reclamation to 
apply 310 IAC 12-5-24/90(a)(9)(E) as the examination requirements that 
would be exempted by the proposed provisions. The Director is requiring 
that Indiana further amend 310 IAC 12-5-24/90(a)(9)(E) to clarify that 
the term ``subsection'' should be ``clause.''
    The Federal regulations at 30 CFR 816/817.49 concerning 
impoundments were revised on October 20, 1994 (59 FR 53022). Most of 
the changes to the Federal provisions are related to the incorporation 
by reference of certain criteria in ``Earth Dams and Reservoirs,'' SCS 
publication TR-60, 1985. Specifically, the criteria referenced in TR-60 
require impoundments meeting SCS Class B and C criteria in TR-60 to 
meet the same stability, spillway, foundation investigation, freeboard, 
hydrograph, inspection, and examination requirements as impoundments 
meeting the MSHA criteria in 30 CFR 77.216(a). In a future 30 CFR Part 
732 letter, OSM will notify Indiana of the additional revisions to 
sections 310 IAC 12-5-24/90 that are necessary to be no less effective 
than the revised Federal regulations discussed above.
    6. 310 IAC 12-5-69.5/137.5  Surface mining; primary roads.
    The Director finds the proposed amendments to be substantively 
identical to the counterpart Federal regulations at 30 CFR 816/817.151, 
with the following exceptions.
    The proposed language at subsections 69.5(2) (A) and (B)/137.5(2) 
allow a minimum static safety factor of 1.3, ``or'' a maximum slope not 
in excess of 3h:1v. The proposed option of either the 1.3 static safety 
factor or a maximum slope of 3h:1v is less effective than the 
counterpart federal regulations, because a 3h:1v slope isn't 
automatically equivalent to a 1.3 static safety factor. Therefore, the 
Director is approving the proposed provisions except to the extent that 
the provisions allow the use of a maximum slope of 3h:1v as an 
alternative to the 1.3 static safety factor requirement. In addition, 
Indiana must remove from 310 IAC 12-5-69.5/137.5(2) the language that 
allows the use of a maximum slope of 3h:1v as an alternative to the 1.3 
static safety factor requirement or propose engineering design 
standards for a slope of 3h:1v that ensure compliance with the minimum 
static safety factor of 1.3.
    Indiana also proposed engineering design standards at subsection 
69.5(2)(C) for surface mining primary roads, which allow the use of a 
maximum slope of 2h.1v, as an alternative to the 1.3 static safety 
factor requirement. The Federal regulations at 30 CFR 780.37(c) and 
784.24(c) allow regulatory authorities to establish engineering design 
standards for primary roads in lieu of engineering tests to establish 
compliance with the minimum static safety factor of 1.3. OSM conducted 
a technical review of the proposed design standard and found them to be 
acceptable. Therefore, the Director is approving Indiana's alternative 
design standards at 310 IAC 12-5-69.5(2)(C).

IV. Summary and Disposition of Comments

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. The U.S. Fish 
and Wildlife Service (FWS) responded (Administrative record Number IND-
1411) supporting the amendments because ``they generally provide a 
higher level of reporting, monitoring, and remediation regarding water 
quality and quantity.'' The FWS also had the following specific 
comments.
    FWS recommended that 310 IAC 12-3-47(c)(2)(C), concerning adverse 
effects of mining on underground or surface water, be amended by adding 
to the list of ``legitimate purposes'' to include aquatic ecosystems. 
In response, the Director notes that the proposed language is identical 
to the counterpart Federal language 30 CFR 780.21(f)(3)(iii). In 
addition, the ``legitimate purposes'' referred to in the provision 
applies to human use of water supplies (e.g., domestic, agricultural), 
and, therefore, aquatic ecosystems would be an inappropriate addition 
to the list.
    FWS recommended that 310 IAC-12-5-21(b)(1) be amended to add that 
siltation structures be located out of forested intermittent streams 
and forested wetlands as well as out of perennial streams. In response, 
the Director notes that the amended language is substantively identical 
to the counterpart Federal regulations at 30 CFR 816.46(c)(ii).
    FWS recommended that 310 IAC 12-5-69(b)(6) be amended to require 
that flow alterations be ``minimal'' in accordance with best available 
technology. In response, the Director notes that the proposed language 
is identical to the counterpart Federal language at 30 CFR 
816.150(b)(5).

[[Page 55747]]

    The U.S. Department of Agriculture, Natural Resources Conservation 
Service (NRCS) responded that their review revealed no impact to NRCS 
programs. However, the NRCS had the following questions.
    The NRCS stated that if Indiana doesn't authorize professional land 
surveyors to certify construction, then the phrase ``or qualified 
registered professional land surveyor'' should be removed from 310 IAC 
12-5-21(a)(3). In response, the Director notes that as discussed above 
in Finding 4, Indiana does not authorize land surveyors to certify 
impoundment designs. Therefore, Indiana's proposed authorization to 
allow land surveyors to inspect and certify impoundments is less 
effective than the Federal regulations at 30 CFR 816/817.49(a)(11)(iv) 
and cannot be approved.
    The NRCS stated that 310 IAC 12-5-24/90(a)(9) and (a)(9)(B) appear 
contradictory because the introductory paragraph at (a)(9) refers only 
to professional engineers, while (a)(9)(B) refers to both engineers and 
surveyors. In response, the Director notes that as discussed above in 
Finding 5, Indiana does not authorize land surveyors to certify 
impoundment designs. Therefore, Indiana's proposed authorization to 
allow land surveyors to inspect and certify impoundments is less 
effective than the Federal regulations at 30 CFR 816/817.49(a)(11)(iv) 
and cannot be approved.

Public Comments

    A public comment period and opportunity to request a public hearing 
was announced in the October 20, 1994, Federal Register (59 FR 52943). 
The comment period closed on November 21, 1994. No comments were 
received, and no one requested a hearing, so the scheduled hearing was 
not 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 on October 3, 1994 (Administrative Record 
Number IND-1404). EPA responded on October 18, 1994 (Administrative 
Record Number IND-1410). EPA stated that it found the document 
(amendment #94-5) acceptable.

V. Director's Decision

    Based on the above findings, the Director is approving amendment 
#94-5 submitted by Indiana on September 26, 1994, except as noted 
below.
    The Director is approving 310 IAC 12-5-21/87(a)(3) except to the 
extent that the provisions authorize land surveyors to inspect and 
certify the construction of siltation structures, and he is requiring 
Indiana to remove the disapprove language and to notify OSM when the 
removal is completed.
    The Director is approving 310 IAC 12-5-24/90(a)(9)(B) except to the 
extent that the provisions authorize land surveyors to inspect and 
certify impoundments, and he is requiring Indiana to remove the 
disapproved language and to notify OSM when the removal is completed.
    The Director is approving 310 IAC 12-5-69.5/137.5(2) except to the 
extent that the provisions allow the use of a maximum slope of 3h:1v 
without providing engineering design standards that ensure compliance 
with the minimum static safety factor of 1.3. He is also requiring that 
Indiana remove the disapproved language and notify OSM when the removal 
is completed or proposed engineering design standards for a slope of 
3h:1v that ensure compliance with the 1.3 minimum static safety factor 
requirement.
    In addition, the State's subsections 310 IAC 12-3-49/83(e)(3) 
should be amended to add the requirement concerning stability analysis 
of each structure as required by 30 CFR 780.25 and 784.16 subsection 
(f).
    The Director is requiring that 310 IAC 12-3-127(c)(4), introductory 
paragraph, be amended to include the phrase ``or by any person who owns 
or controls the applicant'' after the word ``applicant'' in line 3, and 
the phrase ``or person who owns or controls the applicant'' after the 
word ``applicant'' in line 7.
    The Director is requiring that Indiana further amend 310 IAC 12-5-
24/90(a)(9)(E) to clarify that the term ``subsection'' should be 
``clause.''
    The Director's approval herein of the proposed amendment has 
satisfied certain required amendments codified at 30 CFR 914.16. 
Therefore, the Director is removing the following required program 
amendments: 30 CFR 914.16 (o), (q), (r), (t), (u), (v), (w), (x), (y), 
(z), and (aa).
    The Federal regulations at 30 CFR Parts 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.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved State program be submitted to OSM for review as a program 
amendment. Thus, any changes to the State program are not enforceable 
until approved by OSM. The Federal regulations at 30 CFR 732.17(g) 
prohibit any unilateral changes to approved State programs. In his 
oversight of the Indiana program, the Director will recognize only the 
statutes, regulations and other materials approved by him, together 
with any consistent implementing policies, directives and other 
materials, and will require the enforcement by Indiana of only such 
provisions.

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 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (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.

[[Page 55748]]

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.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: September 30, 1996
Ronald C. Recker,
Acting Regional Director, Appalachian 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 (rrr) to read as 
follows:


Sec. 914.15  Approval of regulatory program amendments.

* * * * *
    (rrr) With the exceptions noted below, the amendments submitted by 
Indiana on September 26, 1994, and revised on August 16, 1995, are 
approved effective October 29, 1996:
    The Director is approving 310 IAC 12-5-21/87(a)(3) except to the 
extent that the provisions authorize land surveyors to inspect and 
certify the construction of siltation structures.
    The Director is approving 310 IAC 12-5-24/90(a)(9)(B) except to the 
extent that the provisions authorize land surveyors to inspect and 
certify impoundments.
    The Director is approving 310 IAC 12-5-69, 5/137.5(2) except to the 
extent that the provisions allow the use of a maximum slope of 3h:1v 
without providing engineering design standards that ensure compliance 
with the minimum static safety factor of 1.3.
    3. Section 914.16 is amended by removing and reserving paragraphs 
(o), (q), (r), (t), (u), (v), (w), (x), (y), (z), and (aa); and adding 
paragraph (ii) to read as follows:


Sec. 914.16  Required program amendments.

* * * * *
    (ii) By April 28, 1997, Indiana shall submit either a proposed 
amendment or a description of an amendment to be proposed, together 
with a timetable for adoption, to address the following:
    a. Amend the Indiana program at 310 IAC 12-3-49/83(e)(3) to add the 
requirement concerning stability analysis of each structure as is 
required by 30 CFR 780.25(f) and 784.16(f).
    b. Amend 310 IAC 12-3-127(c)(4), introductory paragraph, to include 
the phrase ``or by any person who owns or controls the applicant'' 
after the word ``applicant'' in line 3, and the phrase ``or person who 
owns or controls the applicant'' after the word ``applicant'' in line 
7.
    c. The Director is requiring that Indiana further amend 310 IAC 12-
5-24/90(a)(9)(E) to clarify that the term ``subsection'' should be 
``clause.''

[FR Doc. 96-27599 Filed 10-28-96; 8:45 am]
BILLING CODE 4310-05-M