Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 914

[SPATS No. IN-124-FOR; State Program Amendment No. 95-3]

Indiana Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Indiana

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

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

Indiana proposed revisions to its regulations pertaining to the small

operator assistance program (SOAP). The topics covered in the proposed

amendment are definitions, eligibility for assistance, application

approval and notice, program services and data requirements, qualified

laboratories, and applicant liability. The amendment is intended to

revise the Indiana program to be consistent with the corresponding

Federal regulations and to incorporate an additional criterion under

which a SOAP applicant is responsible for reimbursing Indiana for the

cost of services rendered under its program.

EFFECTIVE DATE: October 25, 1995.

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

Indianapolis Field Office, Office of Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, Indiana 46204, Telephone (317) 226-

6166.

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. 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 32107). Subsequent actions concerning the

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

914.10, 914.15, and 914.16.

II. Submission of the Proposed Amendment

By letter dated May 3, 1995 (Administrative Record No. IND-1461),

Indiana submitted a proposed amendment to its program pursuant to

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

Indiana proposed to revise its SOAP regulations at 310 IAC 12-3-130,

Definitions; 310 IAC 12-3-131, Eligibility for assistance; 310 IAC 12-

3-132.5, Application approval and notice; 310 IAC 12-3-133, Program

services and data requirements; 310 IAC 12-3-134, Qualified laboratory;

and 310 IAC 12-3-135, Applicant liability.

OSM announced receipt of the proposed amendment in the May 30,

1995, Federal Register (60 FR 28069), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on June 29, 1995.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17, are the Director's findings concerning the

proposed amendment.

Revisions not specifically discussed below concern nonsubstantive

wording changes or revised cross-references and paragraph notations to

reflect

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organizational changes resulting from this amendment.

A. Revisions to Indiana's Regulations That Are Substantively Identical

to the Corresponding Federal Regulations

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State regulation 310 Indiana Federal counterpart 30 Code of

administrative code (IAC) Subject Federal Regulations (CFR)

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12-3-130................................ Definitions for program 795.3.

administrator and qualified

laboratory.

12-3-131, Intro paragraph............... Attributed coal production..... 795.6(a).

12-3-131(1)............................. ............................... 795.6(a)(1).

12-3-131(2)............................. ............................... 795.6(a)(2).

12-3-131(2)(B).......................... ............................... 795.6(a)(2)(i).

12-3-131(2)(C).......................... ............................... 795.6(a)(2)(ii).

12-3-132.5.............................. Application approval and notice 795.8.

12-3-133(a)............................. Program services and data 795.9 (a) and (c).

requirements.

12-3-133(b)............................. ............................... 795.9(b).

12-3-134(a)............................. Qualified laboratories......... 795.10(a).

12-3-134(a)(1)-(a)(6)................... ............................... 795.10(a)(1)-(a)(6).

12-3-134(b)............................. ............................... 795.10(b).

12-3-135(a)............................. Applicant liability............ 795.12(a).

12-3-135(a)(1)-(a)(3)................... ............................... 795.12(a)(1)-(a)(3).

12-3-135(b)............................. ............................... 795.12(b).

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Because the above proposed revisions are identical in meaning to

the corresponding Federal regulations, the Director finds that

Indiana's proposed rules are no less effective than the Federal rules.

B. Revisions to Indiana's Regulations With No Corresponding Federal

Regulations

310 IAC 12-3-135, Applicant Liability

At 310 IAC 12-3-135(a)(4), Indiana proposed to add a regulation to

include another criterion under which a SOAP applicant is responsible

for reimbursing Indiana for the cost of services rendered under its

program. This criterion requires the applicant to reimburse Indiana if

mining does not begin within six months after obtaining the permit. The

Federal regulations at 30 CFR 795.12(a), concerning applicant liability

for reimbursement of the cost of services, do not contain this specific

requirement. However, the Director finds the proposed regulation is not

inconsistent with the intent of the requirements of SMCRA and the

Federal regulations pertaining to reimbursement for SOAP services, and

the addition of this new criterion does not render the Indiana

regulations at 310 IAC 12-3-135 less effective than the Federal

regulations at 30 CFR Part 795.12.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received, and because no one requested an opportunity to speak at a

public hearing, no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Indiana program. On May 30, 1995

(Administrative Record No. IND-1488), the United States Department of

Agriculture, Natural Resources Conservation Service, responded that

nothing in the proposed amendment would have any impact on its program

areas.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the

written concurrence of the EPA with respect to those provisions of the

proposed program amendment that relate to air or water quality

standards promulgated 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.).

None of the revisions that Indiana proposed to make in this amendment

pertain to air or water quality standards. Therefore, OSM did not

request EPA's concurrence.

Pursuant to 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (Administrative Record No. IND-1480). On

June 15, 1995 (Administrative Record No. IND-1489), EPA responded that

it concurred with the proposed amendment without comment.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the

proposed amendment from the SHPO and ACHP. No comments were received.

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Indiana on May 3, 1995.

The Director approves the rules as proposed by Indiana with the

provision that they be fully promulgated in identical form to the rules

submitted to and reviewed by OSM and the public.

The Federal regulations at 30 CFR Part 914, codifying decisions

concerning the Indiana program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

Executive Order 12866

This 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

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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 State 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

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. 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 corresponding Federal regulations.

List of Subjects in 30 CFR 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 13, 1995.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal Regulations 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 by adding paragraph (nnn) to read as

follows:

Sec. 914.15 Approval of regulatory program amendments.

* * * * *

(nnn) Revisions to the following regulations (Program Amendment

Number 95-3), as submitted to OSM on May 3, 1995, are approved

effective October 25, 1995:

310 IAC 12-3-130--Small operator assistance; definitions for

program administrator and qualified laboratory.

310 IAC 12-3-131--Introductory paragraph, (1), (2), (2)(B), and

(2)(C)--Small operator assistance; eligibility for assistance.

310 IAC 12-3-132.5--Small operator assistance; application

approval and notice.

310 IAC 12-3-133--Small operator assistance; program services

and data requirements.

310 IAC 12-3-134--Small operator assistance; qualified

laboratories.

310 IAC 12-3-135--Small operator assistance; applicant

liability.

[FR Doc. 95-26401 Filed 10-24-95; 8:45 am]

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