[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Proposed Rules]
[Pages 16723-16725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8892]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-130-FOR; State Program Amendment No. 95-8]


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 regulations pertaining to 
permit application requirements for reclamation plans, public 
availability of information, and stream buffer zones. The amendment is 
intended to revise the Indiana program 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, if one is 
requested.

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. 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.

[[Page 16724]]

II. Description of the Proposed Amendment

    By letter dated March 6, 1998 (Administrative Record No. IND-1596), 
Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the proposed amendment at its own initiative. 
Indiana proposes to amend the Indiana Administrative Code (IAC) at 310 
IAC 12. 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 
present below.
    1. 310 IAC 12-3-46 Surface Mining Permit Application Requirements 
for Reclamation Plans. a. The existing provision in subsection (a) was 
revised by changing the citation references from ``IC 13-4.1-8 and 310 
IAC 12-5-1 through 310 IAC 12-5-158'' to ``IC 14-34-10, 310 IAC 12-5, 
and the environmental protection performance standards of IC 14-34 and 
this article.'' The following new provision was added:

    The plan shall include, at a minimum, all information required 
under sections 41 through 45 of this rule, this section, and 
sections 46.5 through 55 of this rule.

    b. The following revisions were made to subsection (b):
    New paragraph (2) was added as follows:

    A detailed estimate of the cost of reclamation of the proposed 
operations required to be covered by a performance bond under 310 
IAC 12-4, with supporting calculations for the estimates.

    Existing paragraph (2) was changed to paragraph (3) and a citation 
reference to 310 IAC 12-5-150.1 was added.
    Existing paragraph (3) was changed to paragraph (4) and revised to 
also require that a demonstration of the suitability of topsoil 
substitutes or supplements be based upon analysis of the total depth of 
the different kinds of soils. The last sentence of new paragraph (4) 
was revised to read as follows:

    The director may require other chemical and physical analyses, 
field-site trials, or greenhouse tests if determined to be necessary 
or desirable to demonstrate the suitability of the topsoil 
substitute or supplements.

    Existing paragraph (4) was changed to paragraph (5) and revised by 
adding the language ``but not limited to'' after the word 
``including.'' Existing paragraphs (4)(i) through (4)(vii) were changed 
to paragraphs (5)(A) through (5)(G). New paragraph (5)(G) was revised 
by removing the language ``methods for evaluating'' and replacing it 
with the language ``a soil testing plan for evaluation of.''
    Existing paragraphs (5) through (8) were changed to paragraphs (6) 
through (9) with minor wording changes.
    2. 310 IAC 12-3-80 Underground Mining Permit Application 
Requirements for Reclamation Plans. a. The existing provision in 
subsection (a) was revised by changing the citation references from 
``chapters 8 and 9 of IC 13-4.1 and 310 IAC 12-5-1 through 310 IAC 12-
5-158'' to ``IC 14-34-10, IC 14-34-11, and the environmental protection 
performance standards of IC 14-34 and this article.'' The following new 
provision was added:

    The plan shall include, at a minimum, all information required 
under sections 41 through 55 of this rule.

    b. The following revisions were made to subsection (b):
    New paragraph (2) was added as follows:

    A detailed estimate of the cost of reclamation of the proposed 
operations required to be covered by a performance bond under 310 
IAC 12-4, with supporting calculations for the estimates.

    Existing paragraph (2) was changed to paragraph (3) and it was 
revised to read as follows:

    A plan for backfiling, soil stabilization, compacting, and 
grading, with contour maps, topographical maps, or cross-sections 
that show the anticipated final surface configuration of the 
proposed permit area in accordance with 310 IAC 12-5-119.1 through 
310 IAC 12-5-121.5 and 310 IAC 12-5-150.1.

    Existing paragraph (3) was changed to paragraph (4) and revised to 
also require that a demonstration of the suitability of topsoil 
substitutes or supplements be based upon analysis of the total depth of 
the different kinds of soils. The last sentence of new paragraph (4) 
was revised to read as follows:

    The director may require other chemical and physical analyses, 
field-site trials, or greenhouse tests if determined to be necessary 
or desirable to demonstrate the suitability of the topsoil 
substitute or supplements.

    Existing paragraph (4) was changed to paragraph (5) and revised by 
replacing the reference to ``310 IAC 12-5-129'' with a reference to 
``310 IAC 12-5-128.3.'' Existing paragraphs (4)(i) through (4)(vii) 
were changed to paragraphs (5)(A) through (5)(G).
    Existing paragraphs (5) through (8) were changed to paragraphs (6) 
through (9) with minor wording changes.
    3. 310 IAC 12-3-110 Public Availability of Information. Minor 
wording changes were made to subsections (a) through (e). New 
subsection (f) was added as follows:

    Information on the nature and location of archaeological 
resources on public and Indian land, as required under the 
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 
Stat. 721, 16 U.S.C. 470), is confidential.

    Existing subsection (f) was changed to (g) and revised by adding 
``confidential information'' as one of the types of information for 
which a person can oppose or seek disclosure.
    4. 310 IAC 12-5-32 Surface Mining Stream Buffer Zones. Subsection 
(a) is revised as follows:

    (a) No land within one hundred (100) feet of a perennial stream 
or an intermittent stream shall be disturbed by surface mining 
activities, unless the director specifically authorizes surface 
mining activities closer to or through such a stream. The director 
may authorize such activities only upon finding that: (1) Surface 
mining activities will not cause or contribute to the violation of 
applicable state or federal water quality standards, and will not 
adversely affect the water quantity and quality or other 
environmental resources of the stream; and (2) if there will be a 
temporary or permanent stream-channel diversion, it will comply with 
sections 18 through 19 of this rule.

    Subsection (b) was revised by replacing the word ``marked'' with 
the language ``the operator shall mark it.''
    5. 310 IAC 12-5-97 Underground Mining Stream Buffer Zones. 
Subsection (a) is revised as follows:

    (a) No land within one hundred (100) feet of a perennial stream 
or an intermittent stream shall be disturbed by underground mining 
activities, unless the director specifically authorizes underground 
mining activities closer to or through such a stream. The director 
may authorize such activities only upon finding that: (1) 
underground mining activities will not cause or contribute to the 
violation of applicable state or federal water quality standards, 
and will not adversely affect the water quantity and quality or 
other environmental resources of the stream; and (2) if there will 
be a temporary or permanent stream-channel diversion, it will comply 
with sections 84 through 85 of this rule.

    Subsection (b) was revised by replacing the word ``marked'' with 
the language ``the operator shall mark it.''

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.

[[Page 16725]]

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 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 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 exiting 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 
assumption 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. 98-8892 Filed 4-3-98; 8:45 am]
BILLING CODE 4310-05-M