[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Proposed Rules]
[Pages 16725-16727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8890]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-131-FOR; State Program Amendment No. 95-13]


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 Indiana's regulations 
pertaining to the definition of ``affected area,'' submittal of 
underground mining operation plans, and the standards for prime 
farmland restoration by surface and underground coal mining operations. 
The amendment is intended to revise the Indiana regulations to be 
consistent with the corresponding Federal regulations.
    This document sets forth the times and locations that the Indiana 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing.


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DATES: Written comments must be received by 4:00 p.m., e.s.t., May 6, 
1998. If requested, a public hearing on the proposed amendment will be 
held on May 1, 1998. Requests to speak at the hearing must be received 
by 4:00 p.m., e.s.t. on April 21, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Andrew R. Gilmore, 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.

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, IN 
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:
Andrew R. Gilmore, 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 
914.15, and 914.16.

II. Description of the Proposed Amendment

    By letter dated March 6, 1998 (Administrative Record No. IND-1597), 
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(n), 914.16(p), and 
914.16(gg) and at its own initiative. Indiana proposes to amend the 
Indiana Administrative Code (IAC) at 310 IAC 12 as discussed below.

I. 310 IAC 12-0.5-6  Definition of Affected Area

    At section 12-0.5-6, Indiana proposes to designate the existing 
provision as subsection (a) and amend the definition of ``Affected 
area'' to mean ``any land or water surface area that is used to 
facilitate, or is physically altered by, surface coal mining and 
reclamation operations.'' Paragraph (2) was amended by changing the 
word ``an'' to the word ``any.'' Paragraph (3) was amended by changing 
the language ``adjacent land'' to ``any adjacent lands.'' Paragraph (4) 
was revised by changing the language ``an area'' to ``all areas'' at 
the beginning of the paragraph and adding the language ``except as 
provided in this section'' at the end of the paragraph. New paragraph 
(5) was added to read ``Any adjacent lands, the use of which is 
incidental to surface coal mining and reclamation operations.'' 
Existing paragraph (5) was redesignated as paragraph (6), the words, 
``a site'' were changed to ``any area,'' and the word ``trailings'' was 
corrected to read ``tailings.'' Existing paragraph (6) was redesignated 
paragraph (7), the words ``an area'' were changed to ``any areas,'' and 
the word ``incidental'' was changed to ``incident.'' Existing paragraph 
(7) was redesignated paragraph (8) and the words ``of a mine'' were 
removed.
    New subsections (b) and (c) were added to read as follows:

    (b) The affected area shall include every road used for purposes 
of access to, or for hauling coal to or from, surface coal mining 
and reclamation operations unless:
    (1) The road was designated as a public road pursuant to the 
laws of the jurisdiction in which it is located;
    (2) The road is maintained with public funds, and constructed in 
a manner similar to other public roads of the same classification 
within the jurisdiction;
    (3) There is substantial (more than incidental) public use; and
    (4) The extent and the effect of mining-related uses of the road 
by the permittee does not warrant regulation as part of the surface 
coal mining and reclamation operations.
    (c) The director shall determine, on a case-by-case basis, 
whether a particular road satisfies the requirements of subsection 
(b)(4), based upon the mining-related use of the road and consistent 
with the definition of surface coal mining operations found in 
section 125 of this rule.

2. 310 IAC 12-3-78  Underground Mining Permit Applications; Operation 
Plan; General Requirements

    Existing subsections (b) and (c) were added to subsection (a), 
subsection (a) was revised, new subsection (b) was added, and existing 
subsection (d) was redesignated as subsection (c). Revised subsection 
(a) and new subsection (b) read as follows:

    (a) Each application shall contain a description of the mining 
operations proposed to be conducted within the proposed permit area 
and the proposed life of the mine area where such information is 
necessary to demonstrate that reclamation required by IC 14-34 can 
be accomplished by the applicant. The description shall include, at 
a minimum, the following:
    (1) A narrative description of the type and method of coal 
mining procedures and proposed engineering techniques, anticipated 
annual and total production of coal, by tonnage, and the major 
equipment to be used for all aspects of those operations.
    (2) A narrative explaining the construction, modification, use, 
maintenance, and removal of the following facilities (unless the 
retention of such facilities is necessary for a postmining land use 
as specified in 310 IAC 12-5-136.5):
    (A) Dams, embankments, and other impoundments.
    (B) Overburden and topsoil handling and storage areas and 
structures.
    (C) Coal removal, handling, storage, cleaning, and 
transportation areas and structures.
    (D) Spoil, coal processing waste, mine development waste, and 
noncoal waste removal handling, storage, transportation, and 
disposal areas and structures.
    (E) Mine facilities.
    (F) Water pollution control facilities.
    (b) In addition to the requirements listed in subsection (a), 
each applicant for an underground coal mining and reclamation permit 
shall submit a description, plans, and drawings for each support 
facility to be constructed, used, or maintained within the proposed 
permit area. The plans and drawings shall include a map, appropriate 
cross sections, design drawings, and specifications sufficient to 
demonstrate compliance with 310 IAC 12-5-139 for each facility.

3. 310 IAC 12-3-98  Special Categories of Mining; Prime Farmland

    Minor wording changes and citation reference changes were made 
throughout this section. Subsection (d)(1) was revised to read as 
follows:

    A soil survey of the permit area under the standards of the 
National Cooperative Soil Survey and under the procedures set forth 
in U.S. Department of Agriculture Handbooks 436 (Soil Taxonomy, 
1975) and 18 (Soil Survey Manual, 1951). The soil survey shall 
include a description of soil mapping units and a representative 
soil profile as determined by the U.S. Soil Conservation Service, 
including, but not limited to, soil horizon depths, pH, and the 
range of soil densities for each prime farmland soil unit within the 
permit area. Other representative soil-profit descriptions from the 
locality, prepared according to the standards of the National 
Cooperative Soil Survey, may be

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used if their use is approved by the State Conservationist, U.S. 
Soil Conservation Service. The director may request the operator to 
provide information on other physical and chemical soil properties 
as needed to make a determination that the operator has the 
technical capability to restore the prime farmland within the permit 
area to the soil-reconstruction standards of 310 IAC 12-5-145 
through 310 IAC 12-5-148.5.

4. 310 IAC 12-5-145.5  Prime farmland; special performance standards; 
United States Soil Conservation Service Criteria

    Indiana added the following new provision at 310 IAC 12-5-145.5:

    To carry out his or her responsibilities under 310 IAC 12-3-98 
and 310 IAC 12-4, the director shall use any prime farmland soil-
reconstruction specifications promulgated as rules by the United 
States Soil Conservation Service for Indiana.

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 April 21, 1998. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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. 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 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

    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: March 27, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-8890 Filed 4-3-98; 8:45 am]
BILLING CODE 4310-05-M