[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Proposed Rules]
[Pages 48390-48393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23503]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-152-FOR; State Program Amendment No. 2001-1]


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 or the Act). The proposed amendment 
concerns recodification of Indiana's rules for coal mining and 
reclamation operations. It includes revisions to the rules pertaining 
to the definition of ``affected area,'' identification of interests, 
compliance information, permit conditions, and public availability of 
permit applications. Indiana intends to revise its program in response 
to Indiana legislation requiring all State agency rules to be 
recodified every seven years.
    This document gives the times and locations that the Indiana 
program and proposed 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 p.m., e.s.t., October 
22, 2001. If requested, we will hold a public hearing on the amendment 
on October 15, 2001. We will accept requests to speak at the hearing 
until 4 p.m., e.s.t. on October 5, 2001.

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

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program

[[Page 48391]]

includes, among other things, ``* * *  a State law which provides for 
the regulation of surface coal mining and reclamation operations in 
accordance with the requirements of the Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of this criteria, the Secretary of the Interior conditionally approved 
the Indiana program on July 29, 1982. 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, and 914.16.

II. Description of the Proposed Amendment

    By letter dated August 21, 2001 (Administrative Record No. IND-
1712), Indiana sent us an amendment to its program under SMCRA and the 
Federal regulations at 30 CFR 732.17(b). Indiana sent the amendment at 
its own initiative. Indiana proposes to recodify its rules from Title 
310 Indiana Administrative Code (IAC) 12 to Title 312 IAC 25. Editorial 
changes, including structural and grammatical changes, were made 
throughout the recodified rules. The amendment includes revisions to 
Indiana's recodified rules at 312 IAC 25-1-8, definition of ``affected 
area''; 312 IAC 25-4-17, surface mining permit applications-
identification of interests; 312 IAC 25-4-18, surface mining permit 
applications-compliance information; 312 IAC 25-4-58, underground 
mining permit applications-identification of interests; 312 IAC 25-4-
59, underground mining permit applications-compliance information; 312 
IAC 25-4-113, public availability of permit application information; 
and 312 IAC 25-4-118, permit conditions. Below is a summary of the 
substantive changes proposed by Indiana. The full text of the proposed 
program amendment is available for your inspection at the locations 
listed above under ADDRESSES.

A. 312 IAC 25-1-8 (previously 310 IAC 12-0.5-6) Definition of Affected 
Area

    Indiana is recodifying the definition of affected area at 312 IAC 
25-1-8 with exceptions. Indiana is not recodifying the currently 
approved provisions at 310 IAC 12-0.5-6(a)(5), (b), and (c). This has 
the effect of removing these provisions from its approved program.

B. 312 IAC 25-4-17 (previously 310 IAC 12-3-19.1) Surface Mining Permit 
Applications-Identification of Interests

    Indiana's rule at 312 IAC 25-4-17 specifies the information that 
must be included in a surface mining permit application for 
identification of interests. Indiana proposes to restructure this 
section to comply with formatting guidelines set out by the Indiana 
Legislative Services Agency.

C. 312 IAC 25-4-18 (previously 310 IAC 12-3-20) Surface Mining Permit 
Applications-Compliance Information and 312 IAC 25-4-59 (previously 310 
IAC 12-3-58) Underground Mining Permit Applications-Compliance 
Information

    Indiana's rules at 312 IAC 25-4-18 and 25-4-59 specify the 
information that must be included in a permit application concerning 
permit suspensions or revocations, bond forfeitures, and notices of 
violation. Indiana proposes minor restructuring to comply with 
formatting guidelines set by the Indiana Legislative Services Agency. 
Indiana proposes to change 312 IAC 25-4-18(a)(3) and 25-4-59(a)(3) to 
read as follows:

    (3) A list of all violation notices received by the applicant 
during the three (3) year period preceding the application date, and 
a list of all outstanding violation notices received prior to the 
date of the application by any surface coal mining operation that is 
deemed or presumed to be owned or controlled by either the applicant 
or any person who is deemed or presumed to own or control the 
applicant under the definition of ``owned or controlled'' and ``owns 
and controls'' in 312 IAC 25-1-94. For each notice of violation 
issued under 312 IAC 25-7-6 or under a federal or state program for 
which the abatement period has not expired, the applicant shall 
certify that such notice of violation is in the process of being 
corrected to the satisfaction of the agency with jurisdiction over 
the violation.

    Indiana also proposes to add the following new provision at 312 IAC 
25-4-59(b):

    (b) After the applicant is notified that his or her application 
is approved, but before the permit is issued, the applicant shall as 
applicable, update, correct, or indicate that no change has occurred 
in the information previously submitted under this section.

D. 312 IAC 25-4-58 (previously 310 IAC 12-3-57) Underground Mining 
Permit Applications; Identification of Interests

    Indiana's rule at 312 IAC 25-4-58 specifies the information that 
must be included in an underground mining permit application for 
identification of interests. The language and structure of the existing 
provisions were revised to make the new rule consistent with Indiana's 
surface mining permit application requirements for identification of 
interests at 312 IAC 25-4-17 (previously 310 IAC 12-3-19.1).

E. 312 IAC 25-4-113 (previously 310 IAC 12-3-110) Public Availability 
of Permit Application Information

    Indiana is recodifying its provisions concerning public 
availability of permit application information at 312 IAC 25-4-113 with 
an exception. Indiana is not recodifying the previously approved 
provision at 310 IAC 12-3-110(f) concerning the confidentiality of 
information on the nature and location of archaeological resources on 
public and Indian land. This has the effect of removing this provision 
from its approved program.

F. 312 IAC 25-4-118 (previously 310 IAC 12-3-114.5) Permit Conditions

    Indiana proposes to add 312 IAC 25-4-118 to specify the conditions 
under which a permit is issued. Section 25-4-118(1) requires the 
permittee to conduct surface coal mining and reclamation operations 
only on those lands that are specifically designated as the permit area 
and bonded. Section 25-4-118(2) requires the permittee to conduct 
operations only as described in the approved application, except to the 
extent otherwise directed in the permit. Section 25-4-118(3) requires 
the permittee to comply with the terms and conditions of the permit and 
all applicable performance standards and requirements of the Indiana 
program. Section 25-4-118(4) requires the permittee to allow authorized 
representatives of the Director of the Indiana Department of Natural 
Resources to have right of entry and to be accompanied by private 
persons when the inspection is in response to an alleged violation 
reported by a private person. Section 25-4-118(5) requires the 
permittee to take all possible steps to minimize adverse impacts to the 
environment or public health and safety resulting from a noncompliance 
with any term or condition of the permit. Section 25-4-118(6) requires 
the permittee to comply with the requirements of the Indiana program 
for compliance, modification, or abandonment of existing structures. 
Section 25-4-118(7) requires the operator to pay all reclamation fees. 
Section 25-4-118(8) requires the permittee to submit updates, if any, 
to the information previously submitted under 312 IAC 25-4-17(c) within 
30 days after a cessation order is issued under 312 IAC 25-7-5.

[[Page 48392]]

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking comments 
on whether the proposed 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: If you submit written or electronic comments on 
the proposed rule during the 30-day comment period, they should be 
specific, should be confined to issues pertinent to the notice, and 
should explain the reason for your recommendation(s). We may not be 
able to consider or include in the Administrative Record comments 
delivered to an address other than the one listed above (see 
ADDRESSES).
    Electronic Comments: Please submit Internet comments as an ASCII, 
WordPerfect, or Word file avoiding the use of special characters and 
any form of encryption. Please also include ``Attn: SPATS NO. IN-152-
FOR'' and your name and return address in your Internet message. If you 
do not receive a confirmation that we have received your Internet 
message, contact the Indianapolis Field Office at (317) 226-6700.
    Availability of Comments: Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours at OSM's Indianapolis Field Office 
(see ADDRESSES). Individual respondents may request that we withhold 
their home address from the administrative record, which we will honor 
to the extent allowable by law. There also may be circumstances in 
which we would withhold from the administrative record a respondent's 
identity, as allowable by law. If you wish us to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. However, we will not consider anonymous comments. We will 
make all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 
entirety.
    Public Hearing: If you wish to speak at the public hearing, contact 
the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., 
e.s.t. on October 5, 2001. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at a public hearing 
provide us with a written copy of his or her testimony. The public 
hearing will continue on the specified date until all persons scheduled 
to speak have been heard. 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 been heard.
    If you are disabled and need a special accommodation to attend a 
public hearing, contact the person listed under FOR FURTHER INFORMATION 
CONTACT.
    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 proposed amendment, 
you may 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 will also make a written summary of each 
meeting a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal 
regulations.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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 because 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.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866 and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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

[[Page 48393]]

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.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: August 24, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-23503 Filed 9-19-01; 8:45 am]
BILLING CODE 4310-05-P