[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44894-44897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22412]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-138-FOR; State Program Amendment No. 95-3 II]


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 rules pertaining to the small 
operator assistance program (SOAP). Topics covered in the proposed 
amendment are definitions for program administrator and qualified 
laboratory, eligibility for assistance, filing for assistance, 
application approval and notice, program services and data 
requirements, qualified laboratories, assistance funding, and applicant 
liability. The amendment is intended to revise the Indiana program to 
be consistent with the corresponding Federal regulations and to 
incorporate changes desired by the State.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT:
Andrew R. Gilmore, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, 
Indiana 46204-1521, Telephone (317) 226-6700.

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.

[[Page 44895]]

II. Submission of the Proposed Amendment

    By letter dated January 13, 1997 (Administrative Record No. IND-
1550), Indiana submitted a proposed amendment to its program pursuant 
to SMCRA. Indiana submitted the proposed amendment at its own 
initiative. The proposed amendment revises the Indiana Administrative 
Code (IAC) at 310 IAC 12-3 pertaining to SOAP.
    OSM announced receipt of the proposed amendment in the February 18, 
1997, Federal Register (62 FR 7192), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the proposed amendment. A 
proposed rule correction notice was published in the March 18, 1997, 
Federal Register (62 FR 12766). The public comment period closed on 
March 20, 1997. Because no one requested a public hearing or meeting, 
none was held.
    During its review of the amendment, OSM identified concerns 
relating to technical errors at 310 IAC 12-3-130(5), definition of 
qualified laboratory; 310 IAC 12-3-131(2)(B), eligibility for 
assistance; and 310 IAC 12-3-132(a)(3)(C), filing for assistance. OSM 
notified Indiana of these concerns by letter dated March 26, 1997 
(Administrative Record No. IND-1562).
    By letter dated April 30, 1997 (Administrative Record No. IND-
1569), Indiana responded to OSM's concerns by submitting additional 
explanatory information showing that the editorial errors at 310 IAC 
12-3-130(5), 12-3-131(2)(B), and 12-3-132(a)(3)(C) had either been 
corrected or would be corrected in an Errata to be published upon final 
approval of the proposed amendment by the Governor of Indiana. Because 
the additional information merely clarified certain provisions of 
Indiana's proposed amendment, OSM did not reopen the public comment 
period.

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. Withdrawal of Previously Approved SOAP Amendment

    Indiana notified OSM in its letter dated January 13, 1997, that the 
Indiana Legislative Service Agency had rejected, for procedural 
reasons, a proposed SOAP amendment dated May 3, 1995, which was 
approved by the Director and codified on October 25, 1995 (60 FR 
54593). Since Indiana did not adopt the SOAP amendment, the Director is 
removing the approval and is amending 30 CFR 914.15 to reflect this 
decision.

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

    1. The proposed State rules listed in the table contain language 
that is the same as or similar to the corresponding sections of the 
Federal regulations pertaining to SOAP. Differences between the 
proposed State rules and the Federal regulations are nonsubstantive.

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              Topic                           State regulation                Federal regulation  counterpart   
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Definition for program             310 IAC 12-3-130(4)...................  30 CFR 795.3                         
 administrator.                                                                                                 
Definition for qualified           310 IAC 12-3-130(5)...................  30 CFR 795.3                         
 laboratory.                                                                                                    
Eligibility for assistance.......  310 IAC 12-3-131......................  30 CFR 795.6                         
Filing for assistance............  310 IAC 12-3-132......................  30 CFR 795.7                         
Application approval and notice..  310 IAC 12-3-132.5....................  30 CFR 795.8                         
Program services and data          310 IAC 12-3-133......................  30 CFR 795.9                         
 requirements.                                                                                                  
Qualified laboratories...........  310 IAC 12-3-134.1....................  30 CFR 795.10                        
Assistance funding...............  310 IAC 12-3-134.5....................  30 CFR 795.11                        
Applicant liability..............  310 IAC 12-3-135 (a) (1) through (3)    30 CFR 795.12                        
                                    and (b).                                                                    
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    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 
regulations.
    2. Indiana also proposed to remove previously approved 310 IAC 12-
3-134, concerning qualified laboratories, and to replace it with 310 
IAC 12-3-134.1. As noted in the above table, 310 IAC 12-3-134.1 is 
substantively identical to the Federal regulations at 30 CFR 795.10, 
concerning qualified laboratories. Therefore, the proposed removal of 
310 IAC 12-3-134 will not render the Indiana rules less effective than 
the Federal regulations.

C. Revisions to Indiana's Rules With No Corresponding Federal 
Regulations

    At 310 IAC 12-3-135(a)(4), Indiana proposed 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 or the 
Federal regulations pertaining to reimbursement for SOAP services. 
Therefore, the addition of this new criterion does not render the 
Indiana rules less effective than the Federal regulations at 30 CFR 
Part 795.12.

IV. Summary and Disposition of Comments

Public Comments
    OSM solicited public comments on the proposed amendment, but none 
were received.
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 (Administrative 
Record No. IND-1552). On February 13, 1997, the U.S. Fish and Wildlife 
Service responded that it had no specific comments on the program 
amendment (Administrative Record No. IND-1554). On March 6, 1997, the 
U.S. Mine Safety and Health Administration responded that no comments 
were being submitted for the proposed revisions (Administrative Record 
No. IND-1561).

[[Page 44896]]

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 the EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from the EPA (Administrative Record No. IND-1552). 
The EPA did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)
    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
IND-1552). Neither the SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based upon the above findings, the Director approves the proposed 
amendments as submitted by Indiana on January 13, 1997, and as revised 
on April 30, 1997.
    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.
    For the reasons discussed in finding III.A, the Director is also 
amending 30 CFR Part 914 by removing the approval of an Indiana 
proposed amendment that was submitted on May 3, 1995, and codified on 
October 25, 1995 (60 FR 54593).
    The Federal regulations at 30 CFR Part 914, codifying decisions 
concerning the Indiana program, are being amended to implement the 
above decisions. 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 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 
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.

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: July 23, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR part 914 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 in the table by revising the entry for 
``Original amendment submission date'' of May 3, 1995, and by adding a 
new entry in chronological order by ``Date of final publication'' to 
read as follows:


Sec. 914.15  Approval of Indiana regulatory program amendments.

* * * * *

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    Original amendment submission date             Date of final publication             Citation/description   
----------------------------------------------------------------------------------------------------------------
                       *          *          *          *          *          *          *                      
May 3, 1995..............................  September 14, 1995......................  310 IAC 12-5-64.1(c), -    
                                                                                      128.1(c); correction of   
                                                                                      typographical, clerical,  
                                                                                      spelling errors           
                       *          *          *          *          *          *          *                      
January 13, 1997.........................  August 25, 1997.........................  310 IAC 12-3-130 (4), (5), -
                                                                                      131, -132, -132.5, -133, -
                                                                                      134, -134.1, -134.5, -135 
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[FR Doc. 97-22412 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-05-M