Indiana Permanent Regulatory Program Amendment

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

Indiana Permanent Regulatory Program Amendment

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule.

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SUMMARY: OSM is announcing receipt of a proposed amendment submitted by

Indiana as a modification to the State's permanent regulatory program

(hereinafter referred to as the Indiana program) under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The amendment

(number 93-7) consists of proposed changes to the Indiana Surface

Mining Rules provisions concerning OSM Regulatory Reform I, II, and III

issues, required program amendments, and State initiatives. The primary

focus of the amendments is on soil capability and restoration

standards, individual civil penalties, significant/nonsignificant

revisions, coal exploration, and performance bonds. The amendment is

intended to resolve outstanding issues that remain present in the

approved Indiana program resulting from changes to the Federal program.

The amendment would also incorporate changes desired by the State that

address various parts of the State rules.

This notice sets forth the times and locations that the Indiana

program and the proposed amendment to that program will be 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 for a public hearing, if one is

requested.

DATES: Written comments must be received on or before 4 p.m. on

February 24, 1994; if requested, a public hearing on the proposed

amendment is scheduled for 1 p.m. on February 18, 1994; and requests to

present oral testimony at the hearing must be received on or before 4

p.m. on February 8, 1994.

ADDRESSES: Written comments and requests to testify at the hearing

should be directed to Mr. Roger W. Calhoun, Director, Indianapolis

Field Office, at the address listed below. If a hearing is requested,

it will be held at the same address.

Copies of the Indiana program, the amendment, a listing of any

scheduled public meetings, and all written comments received in

response to this notice will be available for public review at the

following locations, during normal business hours, Monday through

Friday, excluding holidays:

Office of Surface Mining Reclamation and Enforcement, Indianapolis

Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania

Street, room 301, Indianapolis, IN 46204. Telephone: (317) 226-6166.

Indiana Department of Natural Resources, 402 West Washington Street,

room 295, Indianapolis, IN 46204. Telephone: (317) 232-1547.

Each requester may receive, free of charge, one copy of the

proposed amendment by contacting the OSM Indianapolis Field Office.

FOR FURTHER INFORMATION CONTACT:

Mr. Roger W. Calhoun, Director, Telephone (317) 226-6166; (FTS) 8-317-

226-6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

On July 29, 1982, the Indiana program was made effective by the

conditional approval of the Secretary of the Interior. Information

pertinent to the general background on the Indiana program, including

the Secretary's findings, the disposition of comments, and a detailed

explanation of the conditions of approval of the Indiana program can be

found in the July 26, 1982, Federal Register (47 FR 32107). Subsequent

actions concerning the conditions of approval and program amendments

are identified at 30 CFR 914.10, 914,15, and 914.16.

II. Discussion of the Proposed Amendments

Since July 29, 1982, (the date of conditional approval of the

Indiana program), a number of changes have been made to the Federal

regulations concerning surface coal mining and reclamation operations.

Pursuant to the Federal regulations at 30 CFR 732.17, OSM informed

Indiana on May 22, 1985 (Regulatory Reform I), on August 24, 1988

(Regulatory Reform II), and on September 20, 1989 (Regulatory Reform

III), that a number of Indiana regulations are less effective than or

inconsistent with the revised Federal requirements.

By letter date December 30, 1993 (Administrative Record No. IND-

1322), the Indiana Department of Natural Resources (IDNR) submitted to

OSM a State program amendment package (number 93-7) consisting of

revisions to 38 sections of the Indiana rules. These revisions address

changes to the Indiana program that were identified in the three

letters referred to above, and certain required program amendments. The

State has also proposed additional changes which Indiana believes will

further improve the approved State program. The primary focus of the

submittal is on soil capability and restoration standards, individual

civil penalties, significant/non-significant revisions, coal

exploration, and performance bonds.

The following rulemaking actions are being proposed by Indiana:

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Rule No. Subject (intended action)

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310 IAC 12-0.5-32.25............... Definition of ``cropland capable

land''. (New)

310 IAC 12-0.5-69.5................ Definition of ``land capability''.

(New)

310 IAC 12-0.5-109.5............... Definition of ``rooting media.''

(New)

310 IAC 12-0.5-110.5............... Definition of ``shadow area.''

(New)

310 IAC 12-0.5-122.5............... Definition of ``substantially

disturb.'' (New)

310 IAC 12-1-5..................... Exemptions for coal extraction

incidental to the extraction of

other minerals. (Amend)

310 IAC 12-3-12.................... General requirements; coal

exploration. (Amend)

310 IAC 12-3-31.................... Permit applications; geology

description. (Amend)

310 IAC 12-3-37.................... Permit applications; land use

information. (Amend)

310 IAC 12-3-48.................... Permit applications; postmining

land uses. (Amend)

310 IAC 12-3-69.................... Underground permits; geology

description. (Amend)

310 IAC 12-3-74.................... Underground permits; land use.

(Amend)

310 IAC 12-3-78.................... Underground permits; general

requirements. (Amend)

310 IAC 12-3-82.................... Underground permits; postmining

land uses. (Amend)

310 IAC 12-3-97.................... Special category permits;

approximate original contour

variance. (Amend)

310 IAC 12-3-106................... Review, public participation, and

approval or disapproval of permit

applications; responsibility.

(Amend)

310 IAC 12-3-121................... Permit revisions. (Amend)

310 IAC 12-4-5..................... Filing bonds; requirements. (Amend)

310 IAC 12-4-7..................... Period of liability. (Amend)

310 IAC 12-5-3..................... Coal exploration; performance

standards. (Amend)

310 IAC 12-5-4..................... Coal exploration; permit

requirements. (Amend)

310 IAC 12-5-12.1.................. Surface mining; topsoil and

subsoil. (Amend)

310 IAC 12-5-53.................... Contemporaneous reclamation.

(Amend)

310 IAC 12-5-54.1.................. Backfilling and grading; timing

limitations. (Amend)

310 IAC 12-5-68.................... Repealed

310 IAC 12-5-68.5.................. Postmining land capability. (New)

310 IAC 12-5-78.1.................. Underground mining; topsoil and

subsoil. (Amend)

310 IAC 12-5-117................... Underground mining; contemporaneous

reclamation. (Amend)

310 IAC 12-5-136................... Repealed.

310 IAC 12-136.5................... Underground mining; postmining land

capability. (New)

310 IAC 12-5-156................... Coal Preparation plants not within

a permit area for a mine; special

performance standards. (Amend)

310 IAC 12-5-159................... Annual report. (New)

310 IAC 12-6-19.................... Individual civil penalties;

definitions (New)

310 IAC 12-6-20.................... Individual civil penalties; timing

for assessment. (New)

310 IAC 12-6-21.................... Individual civil penalties; amount

of individual civil penalty. (New)

310 IAC 12-6-22.................... Individual civil penalties;

procedure for assessment of

individual civil penalty. (New)

310 IAC 12-6-23.................... Individual civil penalties; payment

of penalty. (New)

310 IAC 12-7-4..................... Filing requirements. (Amend)

310 IAC 12-7-5..................... Filing dates. (Amend)

310 IAC 12-7-6..................... Filing locations. (Amend)

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The full text of the proposed program amendment submitted by

Indiana is available for public inspection at the addresses listed

above. The Director now seeks public comment on whether the proposed

amendment is no less effective than the Federal regulations. If

approved, the amendment will become part of the Indiana program.

III. Public Comment Procedures

In accordance with provisions of 30 CFR 732.17(h), OSM is now

seeking comment on whether the amendment proposed by Indiana satisfies

the requirements of 30 CFR 732.15 for the approval of State program

amendments. If the amendment is deemed adequate, it will become part of

the Indiana program.

Written Comments

Written comments should be specific, pertain only to 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 comment at the public hearing should contact the

person listed under ``FOR FURTHER INFORMATION CONTACT'' by the close of

business on February 9, 1994. If no one requests an opportunity to

comment at a 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 comment have been heard. Persons in the audience

who have not been scheduled to comment and who wish to do so will be

heard following those scheduled. The hearing will end after all persons

who desire to comment have been heard.

Public Meeting

If only one person requests an opportunity to comment 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 at the Indianapolis Field Office 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 in advance at the locations listed above

under ``ADDRESSES.'' A summary of the meeting will be included in the

Administrative Record.

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget under Executive Order 12866.

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 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 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 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. Hence, 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.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 18, 1994.

Carl C. Close,

Assistant Director, Eastern Support Center.

[FR Doc. 94-1547 Filed 1-21-94; 10:00 am]

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