[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Proposed Rules]
[Pages 40649-40652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17297]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SATS No. IN-160-FOR; Docket ID: OSM-2011-0008]


Indiana Regulatory Program

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

ACTION: Proposed rule; public comment period on proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement

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(OSM), are 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). Indiana proposes 
revisions to its ownership/control provisions and miscellaneous 
adjustments to other regulations. Indiana proposes these revisions to 
be consistent with the corresponding Federal regulations, to clarify 
ambiguities, and to improve operational efficiency.
    This document provides the times and locations that the Indiana 
program and proposed amendments to this 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 on this amendment until 4 p.m., 
c.d.t., August 10, 2011. If requested, we will hold a public hearing on 
the amendment on August 5, 2011. We will accept requests to speak at a 
hearing until 4 p.m., c.d.t. on July 26, 2011.

ADDRESSES: You may submit comments, identified by SATS No. IN-160-FOR, 
by any of the following methods:
     E-mail: [email protected] and include SATS No. IN-160-FOR 
in the subject line of the message.
     Mail/Hand Delivery: Andrew R. Gilmore, Chief, Alton Field 
Division Indianapolis Area Office, Office of Surface Mining Reclamation 
and Enforcement, Minton-Capehart Federal Building, 575 North 
Pennsylvania Street, Room 236, Indianapolis, Indiana 46204.
     Fax: (317) 226-6182.
     Federal eRulemaking Portal: The amendment has been 
assigned Docket ID: OSM-2011-0008. If you would like to submit comments 
go to http://www.regulations.gov. Follow the instructions for 
submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Comment Procedures'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to review copies of the Indiana 
regulations, this amendment, a listing of any scheduled public 
hearings, and all written comments received in response to this 
document, you must go to the address listed below during normal 
business hours, Monday through Friday, excluding holidays. You may 
receive one free copy of the amendment by contacting OSM's Alton Field 
Division; or you can view the full text of the program amendment 
available for you to read at http://www.regulations.gov.
    Andrew R. Gilmore, Chief, Alton Field Division Indianapolis Area 
Office, Office of Surface Mining Reclamation and Enforcement, Minton-
Capehart Federal Building, 575 North Pennsylvania Street, Room 236, 
Indianapolis, Indiana 46204, Telephone: (317) 226-6700, E-mail: 
[email protected].
    In addition, you may review a copy of the amendment during regular 
business hours at the following location: Division of Reclamation, 
Indiana Department of Natural Resources, R.R. 2, Box 129, 
Jasonville, IN 47438.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division-Indianapolis Area Office. Telephone: (317) 226-6700. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 
I. Background on the Indiana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

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 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 this Act * * *; and rules and 
regulations consistent with regulations issued by the Secretary 
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis 
of these criteria, the Secretary of the Interior (Secretary) 
conditionally approved the Indiana program effective 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 of the Indiana program in the July 26, 1982, Federal 
Register (47 FR 32071). You can also find later actions concerning the 
Indiana program and program amendments at 30 CFR 914.10, 914.15, 
914.16, and 914.17.

II. Description of the Proposed Amendment

    By letter dated May 25, 2011, (Administrative Record No. IND-1756), 
Indiana sent us amendments to its Program under SMCRA (30 U.S.C. 1201 
et seq.) to satisfy ownership and control requirements and to make 
miscellaneous revisions to other regulations. Below is a summary of the 
changes proposed by Indiana. The full text of the program amendment is 
available for you to read at the locations listed above under ADDRESSES 
or at http://www.regulations.gov.

A. 312 IAC 25-1-10.5 Applicant/Violator System; 312 IAC 25-1-32.5 
Control or Controller; 312 IAC 25-1-51.5 Federal Office of Surface 
Mining Applicant/Violator System Office; and 312 IAC 25-1-75.1 Knowing 
or Knowingly

    Indiana proposes to add new definitions in these sections. The full 
text of the program amendment is available for you to read at the 
locations listed above under ADDRESSES or at http://www.regulations.gov.

B. 312 IAC 25-1-48 Excess Spoil

    Indiana proposes to amend this definition in this section. The full 
text of the program amendment is available for you to read at the 
locations listed above under ADDRESSES or at www.regulations.gov.

C. 312 IAC 25-4-18 Surface Mining Permit Applications; Compliance 
Information and 312 IAC 25-4-59 Underground Mining Permit Applications; 
Compliance Information

    Indiana proposes to amend these sections to require compliance 
history reports from the applicant/violator system for both surface and 
underground mining. The amendment also specifies how Indiana will 
utilize compliance information received from the permittee and adds the 
``operator'' to the list of entities that must submit compliance 
information. The full text of the program amendment is available for 
you to read at the locations listed above under ADDRESSES or at http://www.regulations.gov.

D. 312 IAC 25-4-115.1 Post Permit Issuance Information Requirements

    Indiana proposes to add this section to require timely notice of 
changes of owners and controlers by the permittee. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES or at http://www.regulations.gov.

E. 312 IAC 25-4-122.1 Review of Director's Ownership or Control Listing 
or Finding

    Indiana proposes to add this section to provide provisions for 
challenging an ownership/control determination. The full text of the 
program amendment is available for you to read at the locations

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listed above under ADDRESSES or at http://www.regulations.gov.

F. 312 IAC 25-4-122.2 Burden of Proof for Ownership or Control 
Challenges

    Indiana proposes to add this section to outline evidence necessary 
for submission by the permittee during ownership/control challenges. 
The full text of the program amendment is available for you to read at 
the locations listed above under ADDRESSES or at http://www.regulations.gov.

G. 312 IAC 25-4-122.3 Written Agency Decision on Challenges to 
Ownership or Control

    Indiana proposes to add this section to outline duties of the 
Department as a result of an ownership/control challenge. The full text 
of the program amendment is available for you to read at the locations 
listed above under ADDRESSES or at http://www.regulations.gov.

H. 312 IAC 25-4-127 Permit Reviews; Revisions, Renewals, and Transfer, 
Sale, or Assignment of Rights Granted Under Permits; Permit Revisions

    Indiana proposes to amend this section to clarify various 
requirements for permit revisions including adding definitions and 
requirements for significant revisions, non-significant revisions and 
minor field revisions. The full text of the program amendment is 
available for you to read at the locations listed above under ADDRESSES 
or at http://www.regulations.gov.

I. 312 IAC 25-5-7 Period of Liability

    Indiana proposes to amend this section to provide clarity 
concerning the period of liability for alternative postmine land uses 
beyond the control of the permittee. The full text of the program 
amendment is available for you to read at the locations listed above 
under ADDRESSES or at http://www.regulations.gov.

J. 312 IAC 25-5-16 Performance Bond Release; Requirements

    Indiana proposes to amend this section to clarify requirements for 
informal conferences and public hearings associated with bond release. 
The full text of the program amendment is available for you to read at 
the locations listed above under ADDRESSES or at http://www.regulations.gov.

K. 312 IAC 25-6-59 Surface Mining; Revegetation; Standards for Success 
for Nonprime Farmland

    Indiana proposes to amend this section to provide for alternative 
stocking rates for specific forest reclamation approaches. The full 
text of the program amendment is available for you to read at the 
locations listed above under ADDRESSES or at http://www.regulations.gov.

L. 312 IAC 25-6-93 Underground Mining; Explosives; General Requirements

    Indiana proposes to amend this section to clarify applicability of 
blasting regulations for construction of slopes and shafts at 
underground coal mines. The full text of the program amendment is 
available for your review at the locations listed above under ADDRESSES 
or at http://www.regulations.gov.

M. 312 IAC 25-6-94 Underground Mining; Explosives; Preblasting Survey

    Indiana proposes to amend this section for the purpose of mirroring 
requirements for preblast surveys at underground mines with that of the 
surface mine preblast survey provisions at 312 IAC 25-6-30 Surface 
mining; explosives; general requirements. The full text of the program 
amendment is available for you to read at the locations listed above 
under ADDRESSES or at http://www.regulations.gov.

N. 312 IAC 25-6-95 Underground Mining; Explosives; Publication of 
Blasting Schedule

    Indiana proposes to amend this section concerning publication and 
approval of blasting schedules and to mirror the requirements of the 
surface mine blasting provisions at 312 IAC 25-6-31 Surface mining; 
explosives; publication of blasting schedule. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES or at http://www.regulations.gov.

O. 312 IAC 25-7-5 State Enforcement; Cessation Orders

    Indiana proposes to amend this section in regard to stays of a 
cessation order and to provide information concerning rights to appeal 
of determinations made under this regulation. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES or at http://www.regulations.gov.

P. 312 IAC 25-4-23 Surface Mining Permit Applications; Identification 
of Other Safety and Environmental Licenses and Permits, and 312 IAC 25-
4-64 Underground Mining Permit Application; Legal and Financial 
Information; Identification of Other Licenses and Permits

    Indiana proposes to repeal these sections because the Federal 
counterpart regulations have been repealed. The full text of the 
program amendment is available for you to read at the locations listed 
above under ADDRESSES or at http://www.regulations.gov.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether Indiana's proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If we approve 
the amendment, it will become part of Indiana's State Program.

Electronic or Written Comments

    If you submit written comments, they should be specific, confined 
to issues pertinent to the proposed regulations, and explain the reason 
for any recommended change(s). We appreciate any and all comments, but 
those most useful and likely to influence decisions on the final 
regulations will be those that either involve personal experience or 
include citations to and analyses of SMCRA, its legislative history, 
its implementing regulations, case law, other pertinent State or 
Federal laws or regulations, technical literature, or other relevant 
publications.
    We cannot ensure that comments received after the close of the 
comment period (see DATES) or sent to an address other than those 
listed (see ADDRESSES) will be included in the docket for this 
rulemaking and considered.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on July 
26, 2011. If you are disabled and need reasonable

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accommodations to attend a public hearing, contact the person listed 
under FOR FURTHER INFORMATION CONTACT. We will arrange the location and 
time of the hearing with those persons requesting the hearing. If no 
one requests an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
are open to the public. If possible, we will post notices of meetings 
at the locations listed under ADDRESSES. We will 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 (OMB) under Executive Order 12866.

Other Laws and Executive Orders Affecting Rulemaking

    When a State submits a program amendment to OSM for review, our 
regulations at 30 CFR 732.17(h) require us to publish a notice in the 
Federal Register indicating receipt of the proposed amendment, its text 
or a summary of its terms, and an opportunity for public comment. We 
conclude our review of the proposed amendment after the close of the 
public comment period and determine whether the amendment should be 
approved, approved in part, or not approved. At that time, we will also 
make the determinations and certifications required by the various laws 
and executive orders governing the rulemaking process and include them 
in the final rule.

List of Subjects in 30 CFR Part 914

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 1, 2011.
William L. Joseph,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2011-17297 Filed 7-8-11; 8:45 am]
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