Indiana Regulatory Program Amendment

DEPARTMENT OF THE INTERIOR

30 CFR Part 914

Indiana Regulatory Program Amendment

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

Interior.

ACTION: Proposed Rule; Reopening and Extension of Public Comment Period

on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of additional revisions pertaining

to previously proposed amendment No. 93-3 to the Indiana regulatory

program (hereinafter referred to as the ``Indiana program'') under the

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

revisions of Indiana's proposed rules pertain to ultimate authority for

the department, and record of the director for surface coal mining

permits. The amendment is intended to revise Indiana's rules at 310 IAC

0.6 to reflect statutory changes contained in the 1992 Senate Enrolled

Act 154.

This document sets forth the times and locations that the Indiana

program and proposed amendment to that program are available for public

inspection, and dates and times of the reopened comment period during

which interested persons may submit written comments on the proposed

amendment.

DATES: Written comments must be received by 4 p.m., e.s.t. April 12,

1994.

ADDRESSES: Written comments should be mailed or hand delivered to Roger

W. Calhoun, Director, Indianapolis Field Office at the address listed

below.

Copies of the Indiana program, the proposed amendment, and all

written comments received in response to this document will be

available for public review at the addresses listed below during normal

business hours, Monday through Friday, excluding holidays. Each

requester may receive one free copy of the proposed amendment by

contacting OSM's Indianapolis Field Office.

Roger W. Calhoun, Director, Indianapolis Field Office, Office of

Surface Mining Reclamation and Enforcement, Minton-Capehart Federal

Building, room 301, Indianapolis, Indiana 46204, Telephone: (317) 226-

6166.

Indiana Department of Natural Resources, 402 West Washington Street,

room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547.

FOR FURTHER INFORMATION CONTACT: Roger W. Calhoun, Director,

Indianapolis Field Office, Telephone: (317) 226-6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Indiana Program

On July 29, 1982, the Secretary of the Interior conditionally

approved the Indiana program. Background information on the Indiana

program, including the Secretary's findings, the disposition of

comments, and the conditions of approval can be found in the July 26,

1982, Federal Register (47 FR 32071). Subsequent actions concerning the

conditions of approval and program amendments can be found at 30 CFR

914.10, 914.15, and 914.16.

II. Discussion of the Proposed Amendment

By letter dated April 2, 1993, (Administrative Record No. IND-1217)

Indiana submitted proposed amendment 93-3 to its program pursuant to

SMCRA. Indiana submitted the proposed amendment at its own initiative.

The provisions that Indiana proposes to amend are:

310 IAC 0.6-1-2 concerning applicability of the rule; 310 IAC 0.6-

1-2.5 concerning ultimate authority for the Department of Natural

Resources (IDNR); and 310 IAC 0.6-1-17 concerning record of the

director of the IDNR for surface coal mining permits. OSM announced

receipt of the proposed amendment in the April 23, 1993, Federal

Register (58 FR 21693) and invited public comment on its adequacy.

During its review of the amendment, OSM identified additional

changes to the rules which had not been previously reviewed and

approved by OSM. Consequently, OSM reopened the public comment period

to provide opportunity for public comment on those rules which had not

been identified as amendments in the initial comment period (September

21, 1993; 58 FR 48996).

By telefax dated March 10, 1994 (Administrative Record No. IND-

1339), Indiana submitted a version of the proposed amendment which

differs from that provided to OSM during the original submittal of

April 2, 1993. OSM is, therefore, reopening the public comment period

and inviting comment on the substantive changes identified below.

1. 310 IAC 0.6-1-2.5 Ultimate Authority for the Department

Subsection 2.5(b) is amended by deleting the words ``permit

revision application.'' With this change, the administrative law judge

(ALJ) is the ultimate authority for the IDNR except for proceedings

concerning the approval or disapproval of a permit application or

permit review under IC 13-4.1-4-5 and proceedings for suspension or

revocation of a permit under IC 13-4.1-11-6.

2. 310 IAC 0.6-1-17 Record of the Director of the IDNR for Surface

Coal Mining Permits

Subsection 17(c) is amended to add the following language after the

first sentence. ``However, nothing in this subsection precludes the

admission of testimony or exhibits which are limited to the explanation

or analysis of materials included in the record before the director, or

the manner in which the materials were applied, used, or relied upon in

evaluating the application.''

Indiana is also amending the third sentence (formerly the second

sentence) to provide that timely objections may be made ``before or

during'' a hearing. Prior to this change, timely objections were to be

made at a hearing.

Finally, subdivision 17(c)(2) is amended to read: ``[T]he permit

application as defined at 310 IAC 12-0.5-10.'' Prior to this change,

the proposed language did include the words ``as defined at 310 IAC 12-

0.5-10.''

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Indiana program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional changes

submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM

is seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Indiana program.

Written Comments

Written comments should be specific, pertain only to the 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.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from review by the Office of

Management and Budget (OMB) under Executive Order 12866 (Regulatory

Planning and Review).

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (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 Indiana, 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 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

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.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 18, 1994.

Robert J. Biggi,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 94-7197 Filed 3-25-94; 8:45 am]

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