[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Rules and Regulations]
[Pages 43911-43913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20839]


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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: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is approving an amendment to the Indiana regulatory program (Indiana 
program) under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The Indiana Department of Natural Resources (IDNR) proposed 
revisions to the Indiana program rules pertaining to permitting, 
collateral bonds, performance bond release, and citizen's request for 
state inspection. The revisions mainly relate to the public 
participation and administrative requirements of these rules. Indiana 
intends to revise its program to be consistent with the corresponding 
Federal regulations.

EFFECTIVE DATE: August 12, 1999.

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

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. 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. Submission of the Proposed Amendment

    By letter dated May 7, 1999 (Administrative Record No. IND-1647), 
the IDNR sent us an amendment to the Indiana program under SMCRA. The 
IDNR sent the amendment at its own initiative. The IDNR proposed to 
amend the Indiana Administrative Code (IAC) at 310 IAC 12-3, 12-4, and 
12-6 regarding permit applications, collateral bonds, performance bond 
release, and citizen's request for state inspection.
    We announced receipt of the amendment in the May 20, 1999, Federal 
Register (64 FR 27484). In the same document, we opened the public 
comment period and provided an opportunity for a public hearing or

[[Page 43912]]

meeting on the adequacy of the amendment. The public comment period 
closed on June 21, 1999. Because no one requested a public hearing or 
meeting, we did not hold one.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the amendment.

1. Revisions to Indiana's Rules That Are Minor

    The IDNR proposed minor wording, editorial, punctuation, 
grammatical, and recodification changes to the previously-approved 
State rules listed in the table below:

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                 Topic                           State rule                       Federal regulation
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Permit Approval or Denial Actions......  310 IAC 12-3-114(b).......  30 CFR 773.15(a).
Permit Approval or Denial Actions......  310 IAC 12-3-114(f).......  30 CFR 773.19(b)(2).
Collateral Bonds.......................  310 IAC 12-4-12(b)(4),      30 CFR 800.21(b).
                                          (b)(6)(A)(ii).
Performance Bond Release...............  310 IAC 12-4-16(a), (c)...  30 CFR 800.40(a), (c).
Citizen's Request for State Inspections  310 IAC 12-6-2(a), (b),     30 CFR 842.12(a), (c).
                                          (c).
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    Because the proposed changes to the State rules listed above are 
minor, we find that they will not make the Indiana rules less effective 
than the counterpart Federal regulations.

2. Revisions to Indiana's Rules That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations.

    The State rules listed in the table below contain language that is 
the same as or similar to the corresponding sections of the Federal 
regulations. Differences between the State rules and the Federal 
regulations are minor.

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                 Topic                           State rule                       Federal regulation
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Permit Applications; Informal            310 IAC 12-3-109(a).......  30 CFR 773.13(c)(1).
 Conferences.
Permit Applications; Informal            310 IAC 12-3-109(b).......  30 CFR 773.13(c)(2).
 Conferences.
Permit Applications; Informal            310 IAC 12-3-109(c).......  30 CFR 773.13(c)(3).
 Conferences.
Permit Applications; Informal            310 IAC 12-3-109(d).......  30 CFR 773.13(c)(4).
 Conferences.
Permit Terms...........................  310 IAC 12-3-115(b).......  30 CFR 773.19(e).
Collateral Bonds.......................  310 IAC 12-4-12(c)........  30 CFR 800.21(f).
Performance Bond Release...............  310 IAC 12-4-16(d)........  30 CFR 800.40(d).
Citizen's Request for State Inspections  310 IAC 12-6-2(e).........  30 CFR 842.12(b).
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    Because the above State rules have the same meaning as the 
corresponding Federal regulations, we find that they are no less 
effective than the Federal regulations.

3. 310 IAC 12-3-114(e)  Notification of Permit Approval or Denial 
Actions

    The IDNR revised 310 IAC 12-3-114(e)(1) to require the director of 
IDNR to give a copy of the permit application decision to the local OSM 
office. This is consistent with the Federal regulation at 30 CFR 
773.19(b)(3) that requires a State regulatory authority to issue 
written notification of the permit application decision to the local 
OSM office. With this revision, the Indiana rules at 310 IAC 12-3-
114(c) through (f) are no less effective than the Federal regulation at 
30 CFR 773.19(b).

IV. Summary and Disposition of Comments

Public Comments

    OSM requested public comments on the proposed amendment, but did 
not receive any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from various Federal agencies with an actual or potential 
interest in the Indiana program (Administrative Record No. IND-1648). 
By letter dated June 8, 1999, the Mine Safety and Health Administration 
(MSHA) commented that the proposed rules do not conflict with MSHA 
regulations (Administrative Record No. IND-1655).

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
agreement from the EPA for those provisions of the program amendment 
that relate to air or water quality standards issued 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.). However, none of the revisions that 
Indiana proposed to make in this amendment pertain to air or water 
quality standards. Therefore, we did not ask the EPA to agree on the 
amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from the EPA (Administrative Record No. IND-1648). By letter 
dated May 21, 1999, the EPA commented that it had reviewed the proposed 
program amendment and had no comments to offer (Administrative Record 
No. IND-1651).

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On May 13, 1999, we requested comments on Indiana's 
amendment (Administrative Record No. IND-1648), but neither responded 
to our request.

V. Director's Decision

    Based on the above findings, we approve the amendment as sent to us 
by Indiana on May 7, 1999. We approve the rules that Indiana proposed 
with the provision that they be promulgated in identical form to the 
rules submitted to and reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 914, which codify decisions concerning the Indiana 
program. We are making this final rule effective immediately to 
expedite the State program amendment process and to encourage Indiana 
to bring its program into conformity with the Federal standards. SMCRA 
requires consistency of State and Federal standards.

[[Page 43913]]

VI. 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 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 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 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: July 28, 1999.
Charles E. Sandberg,
Acting 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.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
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*                  *                  *                  *
                  *                  *                  *
May 7, 1999...................  August 12, 1999..  310 IAC 12-3-109(a)
                                                    through (d); 12-3-
                                                    114(b), (e), and
                                                    (f); 12-3-115(b); 12-
                                                    4-12(b)(4),
                                                    (b)(6)(A)(ii), and
                                                    (c); 12-4-16(a),
                                                    (c), and (d); 12-6-
                                                    2(a), (b), (c), and
                                                    (e).
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[FR Doc. 99-20839 Filed 8-11-99; 8:45 am]
BILLING CODE 4310-05-P