[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Pages 47138-47141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23725]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-127-FOR; State Program Amendment No. 95-5]
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 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 an exemption for
coal extraction incidental to the extraction of other minerals. The
amendment is intended to revise the Indiana program to be consistent
with the corresponding Federal regulations.
EFFECTIVE DATE: September 8, 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.
II. Submission of the Proposed Amendment
By letter dated March 7, 1997 (Administrative Record No. IND-1565),
Indiana submitted a proposed amendment to its program pursuant to
SMCRA. Indiana submitted the proposed amendment in response to the
required program amendments at 30 CFR 914.16(cc) and 914.16(dd). The
proposed amendment revises the Indiana Administrative Code (IAC) at 310
IAC 12-1 pertaining to an exemption for coal extraction incidental to
the extraction of other minerals.
OSM announced receipt of the proposed amendment in the April 29,
1997, Federal Register (62 FR 23192), 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. The
public comment period closed on May 29, 1997. Because no one requested
a public hearing or meeting, none was held.
During its review of the amendment, OSM identified a concern
relating to 310 IAC 12-1-7.1(a), public availability of information
submitted for an exemption for coal extraction incidental to the
extraction of other minerals. The proposed rule did not specify where
the information would be made available. OSM notified Indiana of this
concern by letter dated June 16, 1997 (Administrative Record No. IND-
1572).
By letter dated July 11, 1997 (Administrative Record No. IND-1577),
Indiana responded to OSM's concern by submitting a policy statement
specifying where all public documents, including information submitted
under 310 IAC 12-1, would be maintained for inspection and copying by
the public. Because the additional information merely clarified the
provision at 310 IAC 12-1-7.1(a), 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. Revisions not specifically discussed below concern
nonsubstantive wording changes, or revised cross-references and
paragraph
[[Page 47139]]
notations to reflect organizational changes resulting from this
amendment.
1. Revisions to Indiana's Rules That Are Substantively Identical to the
Corresponding Provisions of the Federal Regulations
The proposed State rules, pertaining to an exemption for coal
extraction incidental to the extraction of other minerals, listed in
the table contain language that is the same as or similar to the
corresponding sections of the Federal regulations. Differences between
the proposed State rules and the Federal regulations are
nonsubstantive.
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Federal regulation
Topic State regulation counterpart
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Contents of application for 310 IAC 12-1-7(a)... 30 CFR 702.12,
exemption. Introductory
sentence
Contents of application for 310 IAC 12-1- 30 CFR 702.12(o)(1)
exemption. 7(a)(15)(A).
Revocation and enforcement.. 310 IAC 12-1-11(b).. 30 CFR 702.17(b)
Revocation and enforcement.. 310 IAC 12-1- 30 CFR 702.17(c)(1)
11(c)(1) and (2). and (2)
Revocation and enforcement.. 310 IAC 12-1- 30 CFR 702.17(d)(1)
11(d)(1) through through (3)
(3).
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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. 310 IAC 12-1-7(17) Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals; Contents of Application for Exemption.
Indiana proposed to delete subdivision (17), which requires that
information collected under the provision of section 12-1-7 be subject
to the public availability of information provisions in 310 IAC 12-3-
17. As discussed below in Finding No. 3, Indiana proposed to add a new
section at 310 IAC 12-1-7.1 that contains provisions pertaining to
public availability of information that are substantively identical to
the Federal regulations at 30 CFR 702.13. Therefore, the Director finds
that the removal of subdivision (17) will not render the Indiana rules
less effective than the Federal regulations.
3. 310 IAC 12-1-7.1 Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals; Public Availability of Information
Indiana proposed to add new section 12-1-7.1 in response to OSM's
requirement at 30 CFR 914.16(cc) that Indiana amend its rules to make
it clear that information submitted under 310 IAC 12-1-7 must be held
until at least three years after expiration of the period during which
the subject mining area is active. Subsection (a) requires that except
as provided in subsection (c), all information submitted shall be made
immediately available for public inspection and copying and shall be
maintained until at least three years after expiration of the period
during which the subject mining area is active. Per Indiana's policy
statement dated July 11, 1997 (Administrative Record No. IND-1577), all
information submitted would be maintained in the Division of
Reclamation Field Office at Jasonville, Indiana, and it would be
available for inspection and copying by the public during regular
office hours. The Jasonville Field Office is located closest to all
surface mining activities conducted in the State of Indiana. Subsection
(b) allows Indiana to keep information submitted confidential if the
person submitting the information requests in writing, at the time of
submission, that it be kept confidential and demonstrates that the
information concerns trade secrets or is privileged commercial or
financial information of the persons intending to conduct operations.
Subsection (c) requires information requested to be held confidential
under subsection (b) not be made publicly available until after notice
and opportunity to be heard is afforded to persons both seeking and
opposing disclosure of the information.
The Director finds that Indiana's proposed rule along with its
policy statement is consistent with and no less effective than the
Federal regulations at 30 CFR 702.13 and that it satisfies the required
amendment at 30 CFR 914.16(cc). Therefore, the Director is approving
the proposed amendment at 310 IAC 12-1-7.1, and is amending 30 CFR
914.16 to remove paragraph (cc).
4. 310 IAC 12-1-11(c)(3) Exemption for Coal Extraction Incidental to
the Extraction of Other Minerals; Revocation and Enforcement
Indiana proposed to add new subdivision (c)(3) in response to OSM's
requirement at 30 CFR 914.16(dd) that Indiana amend 310 IAC 12-1-11 to
add a counterpart to 30 CFR 702.17(c)(3). Subdivision (c)(3) requires
that a petition for administrative review filed under subdivision
(c)(2) not suspend the effect of a decision on whether to revoke an
exemption.
The Director finds that Indiana's proposed rule is consistent with
and no less effective than the Federal regulation at 30 CFR
702.17(c)(3) and that it satisfies the required amendment at 30 CFR
914.16(dd). Therefore, the Director is approving the proposed amendment
at 310 IAC 12-1-11(c)(3), and is amending 30 CFR 914.16 to remove
paragraph (dd).
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-1567). On May 8, 1997 (Administrative Record No. IND-
1574, the Mine Safety and Health Administration responded without
comment.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is require 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-1567).
The EPA did not respond to OSM's request.
[[Page 47140]]
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 the 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-1567). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Indiana on March 7, 1997, pertaining to
revisions to Indiana's rules relating to an exemption for coal
extraction incidental to the extraction of other minerals, and removes
the required amendments at 30 CFR 914.16(cc) and (dd).
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 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 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
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
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
List of Subjects in 30 CFR Part 914
Intergovernmental relations. Surface mining, Underground mining.
Dated: August 20, 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 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 of final
date publication Citation/description
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* * * *
* * *
March 7, 1997................. September 8, 1997 310 IAC 12-1-7(a),
(15)(A), (17); 12-1-
7.1 (a) through (c);
12-1-11(b), (c) (1)
through (3), (d) (1)
through (3).
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[[Page 47141]]
Sec. 914.16 [Amended]
3. Section 914.16 is amended by removing and reserving paragraphs
(cc) and (dd).
[FR Doc. 97-23725 Filed 9-5-97; 8:45 am]
BILLING CODE 4310-05-M