[Federal Register Volume 64, Number 97 (Thursday, May 20, 1999)]
[Proposed Rules]
[Pages 27484-27487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12645]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-129-FOR; State Program Amendment No. 98-2]


Indiana Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of a proposed amendment to the Indiana regulatory 
program (Indiana program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Indiana proposes revisions to its 
rules concerning permitting, collateral bonds, performance bond 
release, and citizen's request for state inspections. The revisions 
mostly relate to public participation and administrative requirements. 
Indiana intends to revise its program to be consistent with the 
corresponding Federal regulations.
    This document gives the times and locations that the Indiana 
program and amendment to that program are available for your 
inspection, the comment period during which you may submit written 
comments on the amendment, and the procedures that we will follow for 
the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., e.s.t., June 
21, 1999. If requested, we will hold a public hearing on the amendment 
on June 14, 1999. We will accept requests to speak at the hearing until 
4:00 p.m., e.s.t. on June 4, 1999.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Andrew R. Gilmore, Director, 
Indianapolis Field Office, at the address listed below.
    You may review copies of the Indiana program, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the 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, Bureau of Mine 
Reclamation, 402 West Washington Street, Room W-295, Indianapolis, 
Indiana 46204, Telephone: (317) 232-1291.
    Indiana Department of Natural Resources, Division of Reclamation, 
R.R. 2, Box 129, Jasonville, Indiana 47438-9517, Telephone: (812) 665-
2207.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office. Telephone: (317) 226-6700. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

    On July 29, 1982, the Secretary of the Interior conditionally 
approved the Indiana program. You can find background information on 
the Indiana program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the July 26, 
1982, Federal Register (47 FR 32107). You can find later actions on the 
Indiana program at 30 CFR 914.10, 914.15, 914.16, and 914.17.

II. Description of the Proposed Amendment

    By letter dated May 7, 1999 (Administrative Record No. IND-1647), 
the Indiana Department of Natural Resources (IDNR) sent us an amendment 
to the Indiana program under SMCRA. The IDNR sent the amendment at its 
own initiative. The IDNR proposes to amend the Indiana Administrative 
Code (IAC) at 310 IAC 12-3, 12-4, and 12-6. Below is a summary of the 
changes proposed by Indiana. The full text of the proposed program 
amendment is available for your inspection at the locations listed 
above under ADDRESSES.

1. 310 IAC 12-3-109 Permit Applications; Informal Conferences

    Section 109 of the Indiana rules at 310 IAC 12-3 contains the 
administrative requirements and public participation aspects for 
informal conferences relating to permit applications.
    a. The IDNR revised the first sentence of subsection (a) to read as 
follows:

    Any person having an interest that is or may be adversely 
affected by the decision on the application or an officer or a head 
of a federal, state, or local government agency or authority may 
request, in writing, that the director hold an informal conference 
on the application for a permit, significant revision to the permit, 
or renewal of a permit.

    b. The IDNR revised subsection (a)(3) to require a person 
requesting an informal conference to file the request with the director 
of IDNR no later than thirty (30) days after the last publication of 
the newspaper advertisement required under section 106(a) of this rule.
    c. The IDNR revised subsection (b)(1) to require that the informal 
conference be held in the locality of the proposed surface coal mining 
and reclamation operation if requested under subsection (a)(2).
    d. The IDNR revised subsection (b)(2) to require the director of 
IDNR to send the date, time, and location of the informal conference to 
the applicant and other parties to the conference. The director must 
also advertise this information in a newspaper of general circulation 
in the locality of the proposed surface coal mining and reclamation 
operation at least two weeks before the scheduled conference.
    e. The IDNR revised subsection (b)(3) to allow the director of IDNR 
to arrange with the applicant ``access to the proposed permit area, 
and, to the extent that the applicant has the right to grant access to 
it, to the adjacent area prior to the established date of the 
conference.''
    f. The IDNR added the following new sentence to subsection (b)(4):

    The requirements of IC 4-21.5-3 shall not apply to the conduct 
of the informal conference.

    g. The IDNR revised subsection (c) to read as follows:

    If all parties requesting the informal conference withdraw their 
request before the conference is held, the informal conference may 
be canceled.

    h. The IDNR revised subsection (d) to read as follows:

    Informal conferences held in accordance with this section may be 
used by the director as the public hearing required under 310 IAC 
12-2-2(e) on proposed relocation or closing of public roads.

2. 310 IAC 12-3-114 Permit Applications; Permit Approval or Denial 
Actions

    Section 114 of the Indiana rules at 310 IAC 12-3 contains the 
requirements relating to the actions the director of IDNR must take in 
approving or denying permit applications.
    a. To comply with the formatting guidelines of the Indiana 
Legislative Services Agency and with recodification of the Indiana 
Code, the IDNR made citation reference changes in subsections (b)(1) 
and (b)(2). At subsection (b)(1), the IDNR replaced the existing 
reference to ``subsection (b)(2)'' with a reference to ``subdivision 
(2).'' At subsection (b)(2), the IDNR replaced the existing reference 
to ``IC 13-4.1'' with a reference to ``IC 14-34.''
    b. The IDNR revised subsection (e)(1) to require the director of 
IDNR to give a copy of the permit application decision to the local OSM 
office.

3. 310 IAC 12-3-115 Permit Applications; Permit Terms

    Section 115 of the Indiana rules at 310 IAC 12-3 contains 
requirements relating to permit terms. It requires the director of IDNR 
to issue all permits for a term not to exceed five years except under 
certain conditions. It also requires permittees to begin mining within 
three years of permit issuance except under certain conditions.
    The IDNR revised subsection (b) by requiring permittees to submit a 
written

[[Page 27486]]

statement showing that an extension of time for commencement of 
operations is necessary.

4. 310 IAC 12-4-12 Collateral Bonds

    Section 12 of the Indiana rules at 310 IAC 12-4 contains the 
conditions for using collateral bonds as performance bonds to guarantee 
reclamation of mined lands. The IDNR revised section 12 by adding new 
subsection (c) as follows:

    Persons with an interest in collateral posted as bond, and who 
desire notification of actions pursuant to the bond, shall request 
the notification, in writing, to the director at the time the 
collateral is offered.

5. 310 IAC 12-4-16 Performance Bond Release

    Section 16 of the Indiana rules at 310 IAC 12-4 contains 
requirements and conditions that a permittee must meet when filing a 
request for release of the performance bond or deposit used to 
guarantee reclamation of mined land.
    a. To comply with the recodification of the Indiana Code, the IDNR 
made citation reference changes in subsections (c), (c)(2), and 
(c)(3)(A). The IDNR replaced the existing reference to ``IC 13-4.1'' 
with a reference to ``IC 14-34.''
    b. The IDNR revised subsection (d) to read as follows:

    If the director disapproves the application for release of the 
bond or portion thereof, the director shall notify the permittee, 
the surety, and any person with an interest in collateral as 
provided for in section 12 of this rule, in writing, stating the 
reason for disapproval and recommending corrective actions necessary 
to secure the release and allowing an opportunity for a public 
hearing.

6. 310 IAC 12-6-2 Citizen's Request for State Inspections

    Section 2 of the Indiana rules at 310 IAC 12-6 contains 
requirements relating to inspections conducted as a result of 
information received from any person that gives the director of IDNR 
reason to believe that an operation is in violation.
    a. At subsection (a), the IDNR replaced the citation references to 
``IC 13-4.1 and 310 IAC 12'' with references to ``IC 14-34 and this 
article.''
    b. The IDNR revised section 2 by adding new subsection (e) to read 
as follows:

    The identify of any person supplying information to the director 
relating to a possible violation or imminent danger or harm shall 
remain confidential with the director, if requested by that person, 
unless: (1) that person elects to accompany the inspector on the 
inspection; or (2) disclosure is required under IC 5-14-3.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Indiana program.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. In the final rulemaking, we will not 
necessarily consider or include in the Administrative Record any 
comments received after the time indicated under DATES or at locations 
other than the Indianapolis Field Office.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on 
June 4, 1999. We will arrange the location and time of the hearing with 
those persons requesting the hearing. If you are disabled and need 
special accommodations to attend a public hearing, contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing 
will not be held if no one requests an opportunity to speak at the 
public hearing.
    You should file a written statement at the time you request the 
hearing. This will allow us to prepare responses and appropriate 
questions. The public hearing will continue on the specified date until 
all persons scheduled to speak have spoken. If you are in the audience 
and have not been scheduled to speak and wish to do so, you will be 
allowed to speak after those who have been scheduled. We will end the 
hearing after all persons scheduled to speak and persons present in the 
audience who wish to speak have spoken.

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. If you wish 
to meet with us to discuss the amendment, request a meeting by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings are open to the public and, if possible, we will post 
notices of meetings at the locations listed under ADDRESSES. We also 
make a written summary of each meeting a part of the Administrative 
Record.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

    The Department of the Interior conducted the reviews required by 
section 3 of Executive Order 12988 (Civil Justice Reform) and 
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 State regulatory 
programs and program amendments 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on 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. Therefore, this rule will ensure that existing requirements 
previously published by OSM will be implemented

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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 under 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: May 13, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-12645 Filed 5-19-99; 8:45 am]
BILLING CODE 4310-05-P