[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Proposed Rules]
[Pages 11807-11809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6353]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 914

[SPATS No. IN-128-FOR; Amendment No. 95-6]


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 rules 
pertaining to identification of interests, compliance information, and 
permit conditions. The amendment is intended to revise the Indiana 
program to be consistent with the corresponding Federal regulations.

DATES: Written comments must be received by 4:00 p.m., e.s.t., April 
14, 1997. If requested, a public hearing on the proposed amendment will 
be held on April 7, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., e.s.t., on March 28, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Charles F. McDaniel, Acting 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.
    Charles F. McDaniel, Acting Director, Indianapolis Field Office, 
Office of Surface Mining Reclamation and Enforcement, Minton-Capehart 
Federal Building, 575 North Pennsylvania Street, Room 301, 
Indianapolis, Indiana

[[Page 11808]]

46204-1521, 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: Charles F. McDaniel, Acting 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 February 18, 1997 (Administrative Record No. IND-
1555), the Indiana Department of Natural Resources (IDNR) submitted a 
proposed amendment to its program pursuant to SMCRA. Indiana submitted 
the proposed amendment in response to a letter dated May 11, 1989 
(Administrative Record No. IND-0644), that OSM sent to Indiana in 
accordance with 30 CFR 732.17(c), and at its own initiative. The 
provisions of the Indiana Administrative Code (IAC) that Indiana 
proposes to amend are: 310 IAC 12-3-19.1, Surface mining permit 
applications/identification of interests; 310 IAC 12-3-20, Surface 
mining permit applications/compliance information; 310 IAC 12-3-57 and 
12-3-57.1, Underground mining permit applications/ identification of 
interests; 310 IAC 12-3-58, Underground Mining permit applications/
compliance information; and 310 IAC 12-3-114.5, Review, public 
participation, and approval or disapproval of permit applications/ 
permit terms and conditions/ permit conditions.
    The full text of the proposed program amendment submitted by 
Indiana is available for public inspection at the locations listed 
above under ADDRESSES. A brief discussion of the proposed amendment is 
presented below.

1. 310 IAC 12-3-19.1 Surface Mining Permit Applications; Identification 
of Interests

    Section 19.1 specifies the information that must be included in a 
surface mining permit application for identification of interests. 
Indiana proposes to restructure this section to comply with formatting 
guidelines set out by the Indiana Legislative Services Agency by 
redesignating subsection (a) as an introductory paragraph, 
redesignating subsection (a)(1) as subsection (a), redesignating 
subsection (a)(2) as subsection (b), and redesignating subsections (b) 
through (i) as subsections (c) through (j).
    Indiana also proposes to restructure the existing language in 
redesignated subsections (c) through (i).

2. 310 IAC 12-3-20 Surface Mining Permit Applications; Compliance 
Information

    Section 20 specifies the information that must be included in a 
surface mining permit application concerning permit suspensions or 
revocations, bond forfeitures, and notices of violation. At subsections 
(a) and (b), Indiana proposes minor restructuring to comply with 
formatting guidelines set by the Indiana Legislative Services Agency. 
Indiana proposes to delete existing subsection (d), to add its 
substantive provisions to subsection (c), and to restructure the 
language in subsection (c). Indiana also proposes to redesignate 
subsection (e) as new subsection (d).

3. 310 IAC 12-3-57 and 12-3-57.1 Underground Mining Permit 
Applications; Identification of Interests

    Indiana proposes to repeal 310 IAC 12-3-57 and to add its 
substantive provisions to 310 IAC 12-3-57.1. Section 57.1 specifies the 
information that must be included in an underground mining permit 
application for identification of interests. The language and structure 
of the existing provisons were revised to make the new rule consistent 
with Indiana's surface mining permit application requirements for 
identification of interests at 310 IAC 12-3-19.1.

4. 310 IAC 12-3-58 Underground Mining Permit Applications; Compliance 
Information

    Section 58 specifies the information that must be included in an 
underground mining permit application concerning permit suspensions or 
revocations, performance bond forfeitures, and notices of violation. At 
subsections (a) and (b), Indiana proposes minor restructuring to comply 
with formatting guidelines set by the Indiana Legislative Services 
Agency.
    Indiana proposes to delete the existing language in the 
introductory paragraph at subsection (c) and to add new language that 
requires a permit applicant to list all violation notices received 
within the preceding three years. It requires the applicant to list all 
outstanding violation notices for any mining operation that is deemed 
or presumed to be owned or controlled by either the applicant or any 
person who is deemed or presumed to own or control the applicant. It 
also requires the applicant to certify that the outstanding notices of 
violation are in the process of being corrected. Indiana proposes minor 
changes to the existing language in subsections (c)(1) through (5) to 
reflect changes that were made in the introductory paragraph.
    Indiana also proposes to add a new subsection (d) to require the 
applicant to update, correct, or indicate that no change has occurred 
in the information submitted under 310 IAC 12-3-58 after he is notified 
that his or her application is approved.

5. 310 IAC 12-3-114.5 Review, Public Participation, and Approval or 
Disapproval of Permit Terms and Conditions; Permit Conditions

    Indiana proposes to add new section 114.5 to specify the conditions 
under which a permit is issued. Subsection (a) requires the permittee 
to conduct surface coal mining and reclamation operations only on those 
lands that are specifically designated as the permit area and bonded. 
Subsection (b) requires the permittee to conduct operations only as 
described in the approved application, except to the extent otherwise 
directed in the permit. Subsection (c) requires the permittee to comply 
with the terms and conditions of the permit and all applicable 
performance standards and requirements of the Indiana program. 
Subsection (d) requires the permittee to allow authorized 
representatives of the director of IDNR to have right of entry and to 
be accompanied by private persons when the inspection is in response to 
an alleged violation reported by a private person. Subsection (e) 
requires the permittee to take all possible steps to minimize adverse 
impacts to the environment or public health and safety resulting from a 
noncompliance with any term or condition of the permit. Subsection (f) 
requires the permittee to comply with the requirements of the Indiana 
program for compliance, modification, or abandonment of existing 
structures. Subsection (g) requires the operator to pay all reclamation 
fees. Subsection (h) requires the permittee to submit updates, if any, 
to the information previously submitted under 310 IAC 12-3-19.1(c) 
within 30 days after a

[[Page 11809]]

cessation order is issued under 310 IAC 12-6-5.

II. 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 March 28, 1997. 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. 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.
    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 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.

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 Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 5, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-6353 Filed 3-12-97; 8:45 am]
BILLING CODE 4310-05-M