Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-110, Amendment Number 93-7, Part I]

Indiana Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendments.

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SUMMARY: OSM is approving part of a proposed amendment to the Indiana

permanent regulatory program (hereinafter referred to as the Indiana

program) under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The amendment 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.

This final rule notice is addressing the first of three subparts of the

original amendment. The primary focus of the amendments in this subpart

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.

EFFECTIVE DATE: November 9, 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, IN

46204, Telephone (317) 226-6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program.

II. Submission of the 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 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. Submission of the Amendment

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 September 20, 1989 (Regulatory Reform III),

that a number of Indiana regulations

[[Page 56517]]

are less effective than or inconsistent with the revised Federal

requirements.

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

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

OSM 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.

OSM announced receipt of the proposed amendment in the January 24,

1994, Federal Register (59 FR 3528), and, in the same notice, opened

the public comment period and provided opportunity for a public hearing

on the adequacy of the proposed amendment. The comment period closed on

February 24, 1994.

By letter dated December 6, 1994 (Administrative Record Number IND-

1415), Indiana submitted additional minor changes to amendment 93-7.

By letter dated January 12, 1995 (Administrative Record Number IND-

1423), OSM provided Indiana with comments concerning the proposed

amendment. Indiana responded by letter dated January 25, 1995

(Administrative Record Number IND-1419). In that letter, Indiana said

that it wishes to separate amendment 93-7 into three subparts, and that

the responses being supplied pertain to the first subpart of amendment

93-7. The amendments are being addressed in this notice comprise

amendment 93-7, Part I.

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

first of three subparts of proposed program amendment 93-7.

A. Revisions to Indiana's Rules That Are Substantively Identical to the

Corresponding Federal Regulations

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State rule Subject Federal counterpart

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310 IAC 12-0.5-122.5.................. Definition of substantially 30 CFR 701.5.

disturb.

310 IAC 12-3-78....................... Underground permits; general 30 CFR 784.11.

requirements.

310 IAC 12-3-82....................... Underground permits; postmining 30 CFR 784.15(b).

land use.

310 IAC 12-4-5........................ Filing bonds; requirements...... 30 CFR 800.11.

310 IAC 12-5-4........................ Coal exploration; permits....... 30 CFR 772.14.

310 IAC 12-6-21....................... Individual civil penalties; 30 CFR 846.12.

timing for assessment.

310 IAC 12-6-23....................... Individual civil penalties; 30 CFR 846.17.

assessment procedures.

310 IAC 12-6-24....................... Individual civil penalties; 30 CFR 846.18.

payment of penalty.

310 IAC 12-7-4........................ Filing requirements............. 30 CFR 705.11.

310 IAC 12-7-5........................ Filing dates.................... 30 CFR 705.13.

310 IAC 12-7-6........................ Filing locations................ 30 CFR 705.15.

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Because the above proposed revisions are identical in meaning to

the corresponding Federal regulations, or contain nonsubstantive

wording and paragraph notation changes, the Director finds that

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

regulations.

B. Revisions to Indiana's Rules That Are Not Substantively Identical to

the Corresponding Federal Regulations

1. 310 IAC 12-0.5-109.5 Definition of Rooting Media

``Rooting media'' is defined as a soil material beneath the topsoil

consisting of replaced ``B'' horizon, ``B/C'' mixture, another suitable

soil material as determined by the director of the Indiana Department

of Natural Resources (IDNR). While there is no direct counterpart to

this definition, the Director finds that the definition is not

inconsistent with the Federal definition of ``soil horizons'' as 30 CFR

701.5.

2. 310 IAC 12-0.5-110.5 Definition of Shadow Area

``Shadow area'' is defined as any area beyond the limits of the

permit area in which underground mine workings are located. This area

includes resources above and below the coal that are protected by IC

13-4.1 that may be adversely impacted by underground mining operations

including impacts of subsidence. While there is no direct Federal

counterpart to this definition, the Director finds the definition to be

consistent with the Federal definition of ``affected area'' at 30 CFR

701.5.

3. 310 IAC 12-1-5 Exemption for Coal Extraction Incidental to the

Extraction of Other Minerals

This provision is being amended to correct a citation error.

Reference to IC 13-4.1-1-4(2) is being deleted and replaced by IC 13-

4.1-1-3(12). This amendment satisfies the required program amendment

codified at 30 CFR 914.16(bb).

4. 310 IAC 12-3-31 and 310 IAC 12-3-69 Permit Applications; Geology

Description

These provisions have been rewritten to be substantively identical

to the counterpart Federal provisions at 30 CFR 780.22 and 784.22 with

the following exceptions. At 310 IAC 12-2-31(c) and at 12-3-69 (a)(3)

and (c), the Indiana language uses the term ``rule'' rather than the

more inclusive term ``article.'' To no less effective than the

counterpart Federal regulations at 30 CFR 780.22(c) and 784.22 (a)(3)

and (c), the Indiana language should use the term ``article'' meaning

the entire set of performance standards under 310 IAC 12. In its letter

to OSM dated January 25, 1995, Indiana stated that the language has

been changed to read ``article.''

Indiana is amending 310 IAC 12-3-69(d) to clarify that the

applicant may request that the director of the IDNR waive in whole or

in part certain geologic information if that information is unnecessary

because other reliable information is available. The amendments are

substantively identical to and no less effective than the counterpart

Federal language at 30 CFR 784.22(d) with one exception. The State

provision would authorize the waiver of all the requirements of section

310 IAC 12-3-69(b) rather than only the requirements of 310 IAC 12-3-69

(b)(2) and (b)(3) as is authorized by the counterpart Federal

provisions at 30 CFR 784.22(d). In its letter to OSM dated January 25,

1995, Indiana stated that the language has been changed to read

subsections ``69 (b)(2) and (b)(3).''

[[Page 56518]]

Therefore, OSM finds the proposed amendments to be no less

effective than the counterpart Federal regulations.

5. 310 IAC 12-3-48 Permit Applications; Postmining Land Uses

In addition to nonsubstantive wording changes, Indiana is deleting

a reference to 310 IAC 12-5-68 and adding in its place reference to new

310 IAC 12-5-68.5 concerning postmining land use capability. Indiana is

also adding new subsection 48(a)(3) to provide that consideration be

given to all of the proposed surface mining activities consistent with

surface owner plans and applicable State and local land use plans and

programs. The new language is substantively identical to counterpart

Federal language at 30 CFR 780.23(b)(3). The Director finds that the

proposed citation change does not render the provision less effective

than 30 CFR 780, and the added language is no less effective than the

counterpart Federal language at 30 CFR 780.23(b)(3).

6. 310 IAC 12-3-97 Special Categories of Mining; Approximate Original

Contour Variance for Steep Slope Mining; Permits

In addition to various nonsubstantive changes made throughout this

section, the following changes are made. At subsection 97(a)(3),

Indiana is deleting reference to sections 310 IAC 12-5-68 and 12-5-136

and replacing them with 310 IAC 12-5-68.5 and 12-5-136.5, respectively.

The deletion of 310 IAC 12-5-68 and 310 IAC 12-5-136 and their

replacement by 310 IAC 12-5-68.5 and 310 IAC 12-5-136.5, respectively

is discussed later in this document. The Director finds that the

amendments to subsection 97(a)(3) do not render the provision less

effective than the counterpart Federal regulations at 30 CFR 816/

817.133(d)(2) concerning alternative postmining land use requirements.

New subsection 97(a)(8) is added to require the design and

certification of a proposed use by a qualified registered professional

engineer. The director finds the proposed language to be substantively

identical to counterpart Federal language at 30 CFR 816/817.133(d)(5).

New subsection 97(a)(9) is added to limit the amount of spoil to be

placed off the mine bench. The Director finds the proposed language to

be substantively identical to 30 CFR 816/817.133(d)(8).

New subsection 97(a)(10) is added to ensure adequate time for

public agencies to review and comment on the proposed land use. The

Director finds that the proposed language is substantively identical to

the Federal regulations at 30 CFR 816/817.133(d)(10).

7. 310 IAC 12-3-106 Permit Applications; Review, Public Participation,

and Approval or Disapproval of Permit Applications; Permit Terms and

Conditions; Responsibility

In addition to various nonsubstantive changes made throughout this

section, the following changes are made. Subsection 106(a) is being

amended to apply to both permit revisions and renewals in addition to

initial permit. The amended language is substantively identical to the

counterpart Federal language at 30 CFR 733.13(a)(1).

Subsection 106(a) is also being amended by adding the words ``at a

minimum'' to clarify that the list of requirements starting at

subsection 106(a)(1) is not an exhaustive list. The amended language is

substantively identical to the counterpart language at 30 CFR

773.13(a)(1).

Subsection 106(a)(2) is amended to require a ``map or'' description

that clearly ``shows or'' describes (at subsection 106(a)(2)(A)) the

required information to be included in the newspaper announcement. The

amended language is substantively identical to the counterpart Federal

language at 30 CFR 773.13(a)(1)(ii).

Subsection 106(a)(2)(B) is amended to provide that if a map is

used, it shall indicate the north direction. The added language is

substantively identical to the counterpart language at 30 CFR

773.13(a)(1)(ii).

Subsection 106(a)(6) is being amended to provide that all of the

requirements of subsection 106(a)(6) pertaining to the relocation of

roads will also apply to the closure of roads. The words ``approximate

timing and'' are added immediately preceding the words ``duration of

the relocation or closure.'' The amended language is substantively

identical to the counterpart Federal provision at 30 CFR

773.13(a)(1)(v).

New subsection 106(a)(7) is added to require that copies of the

advertisement be mailed to certain persons. While there is no direct

Federal counterpart language, the proposed language is not inconsistent

with SMCRA at section 513 concerning public notice and 30 CFR 773.13

concerning public participation.

New subsection 106(a)(8) is added to provide that if the permit

application includes a request for an experimental practice under

section 94, a statement must be provided that indicates that an

experimental practice is requested and identifies the regulatory

provisions for which a variance is requested. In its January 25, 1995,

letter to OSM, Indiana stated that the citation of section ``94'' has

been corrected to read ``94.1.'' The Director finds that the proposed

language, with the corrected citation is substantively identical to and

no less effective than the counterpart Federal language at 30 CFR

773.13(a)(1)(vi).

Subsection 106(a)(9) as a counterpart to 30 CFR 773.13(a)(2)

concerning the requirement to make a copy of the permit, revision, or

renewal available to the public at the courthouse of the county where

the mining is proposed to occur, or an accessible public office

approved by the regulatory authority. Indiana language counterpart to

the Federal requirement that applicants file changes to the

applications at the public office at the same time the change is

submitted to the regulatory authority is found at 310 IAC 12-3-106(c).

The director finds that the proposed language, along with the language

referred to above and found at 310 IAC 12-3-106(c), is substantively

identical to the Federal language at 30 CFR 773.13(a)(2). The Director

notes that Indiana uses public libraries as the accessible public

office where the copies of permits, revisions, and renewals will be

filed.

Subsection 106(c) is being amended to change a citation of

subsection 106 ``(b)'' to read 106 ``(a)(9)''. In addition, the

subsection is being amended to provide that any subsequent modification

of the application ``or permit'' be also filed with the library copy of

the application or permit. The Director finds these changes to be

consistent with the counterpart Federal regulations at 30 CFR

773.13(a)(2).

Subsection 106(d) has several changes. Subsections 106(d)(2), (3),

and (4) have been amended to clarify that the library copy of the

application or permit may be removed from the library only after all

bond has been released from the permit. Subsection 106(d)(4) is amended

to add citations of 310 IAC 12-3-17 and 31, concerning application or

permit information that may be exempt from public disclosure, to the

citation of 310 IAC 12-3-110. The Director finds that these changes are

consistent with and no less effective than the Federal regulations at

30 CFR 773.13.

New subsection 106(d)(5) is added to provide that the applicant

shall not be responsible for the maintenance of the copy of the

application or permit on file with the library. There is no Federal

Counterpart to this proposed language. However, since the applicant is

required, under subsection 106(d)(1), to pay the library a $50 dollar

nonrefundable fee, it is reasonable to

[[Page 56519]]

conclude that the library, upon acceptance of the fee, is responsible

for the maintenance of the copy. Therefore, the Director finds the new

language does not render the Indiana program less effective.

Subsection 106(e) is amended to add the words ``or a revision or

renewal of a permit.'' The added words are substantively identical to

the counterpart language at 30 CFR 773.13(a)(3).

Subsection 106(g) is added as a counterpart to 30 CFR 773.12

concerning the coordination of the review and issuance of permits with

other agencies to avoid duplication. The director finds the new

language to be substantively identical to 30 CFR 773.12.

8. 310 IAC 12-4-7 Period of Liability

Subsection 7(a) is amended to update the citations of the

revegetation standards to reflect the most current, approved standards.

Language is also added to provide a counterpart to the Federal

regulations at 30 CFR 800.13(a)(2) concerning the bonding of specific

phases of reclamation. The Director finds that the revised citations do

not render the Indiana program less effective and the added language is

substantively identical to the counterpart Federal regulations.

Subsection 7(b) is revised by the updating of a citation to the

approved revegetation standards. The Director finds that the citation

change does not render the Indiana program less effective.

Subsection 7(d) is amended by updating two citations and adding

language that mirrors Federal language. The proposed citation changes

reflect amendments that were proposed in the original submittal of this

amendment package (Amendment 93-7). On January 25, 1995, Indiana

requested that Amendment 93-7 be subdivided and reviewed in three

parts. The proposed citation changes reflect amendments that are now

contained in Part III of Amendment 93-7. The Director is approving the

citation changes and notes that the amendments to those provisions will

be reviewed in a future Federal Register Notice.

The language in subsection 7(d) that mirrors the Federal language

(at 30 CFR 800.13(c)) refers to the applicable five ``or ten (10)

year'' period of liability for revegetation success. The director finds

that the added language is substantively identical to and no less

effective than the counterpart Federal language.

Subsection 7(e) is amended by deleting language that did not hold

the operator responsible for actions by third parties. The Federal

regulations previously contained such a provision, but were amended to

eliminate the reference to actions by third parties. Indiana is adding,

in place of the deleted language, language that is substantively

identical to the counterpart Federal regulations at 30 CFR

800.13(d)(1). The Director finds that with the amendments, the

provision is no less effective than the counterpart Federal language.

9. 310 IAC 12-5-3 Coal Exploration; Performance Standards

The introductory paragraph to this section is amended to add

language that is substantively identical to and no less effective than

the counterpart Federal language at 30 CFR 815.1 concerning the scope

and purpose of the performance standards for coal exploration.

New subsection 3(a) is added and is substantively identical to and

no less effective than the counterpart Federal regulations at 30 CFR

815.15(a) concerning the protection of certain habitats of unique or

unusually high value.

Subsection 3(b)(2) is amended by deleting the existing language and

adding in its place language that is substantively identical to and no

less effective than the counterpart Federal regulations at 30 CFR

815.15(b) concerning roads and other transportation facilities.

Subsections 3(b)(3) and (4) are deleted. There are no Federal

counterparts at 30 CFR 815.15 to the deleted language and the deletion

does not render the Indiana program less effective than the Federal

regulations.

Subsection 3(e) is amended by deleting and adding language to make

the provision substantively identical to and no less effective than the

counterpart Federal regulations at 30 CFR 815.15(e) concerning

revegetation of areas disturbed by coal exploration.

Subsection 3(f) is amended to change the term ``may'' to read

``shall'' to clarify that the requirements of the section are mandatory

rather than voluntary. The Director finds the change to be

substantively identical to and no less effective than the Federal

requirement at 30 CFR 815.15(f) concerning diversions.

Subsection 3(h) is amended by deleting language and adding language

that is substantively identical to the Federal regulations at 30 CFR

815.15(i) concerning minimizing disturbances to the hydrologic balance.

The Director finds that the amended provision is no less effective than

the Federal counterpart.

Subsection 3(i) is amended by deleting and adding language that

makes the provision substantively identical to and no less effective

than the counterpart Federal regulations at 30 CFR 815.15(j) concerning

acid- or toxic-forming materials.

10. 310 IAC 12-6-20 Individual Civil Penalties; Definitions

This new provision has been renumbered. In the original submittal,

this provision was identified as 310 IAC 12-6-19.

This new provision is added to provide a counterpart to the Federal

regulations at 30 CFR 846.5. In its January 25, 1995, letter to OSM,

Indiana corrected two citation references in subsection (2)(B). Indiana

is revising the sentence in subsection (2)(B) to read: ``* * * except

an order incorporated in a decision issued under IC 13-4.1-12-1.'' The

citation change concerns civil penalties and adds specificity to the

Indiana provision that is counterpart to the Federal citation of

section 518(b) of SMCRA at 30 CFR 846.5 in the definition of

``violation, failure or refusal.'' The Director finds that the addition

is substantively identical to and no less effective than the

counterpart Federal regulations.

11. 310 IAC 12-6-22 Individual Civil Penalties; Amount

This new provision has been renumbered. In the original submittal,

this provision was identified as 310 IAC 12-6-21. This new provision is

added to provide a counterpart to the Federal regulations at 30 CFR

846.14 concerning the amount of individual civil penalties. In its

January 25, 1995, submittal to OSM, Indiana made one citation change.

In subsection 22(a), Indiana changed ``IC 13-4.1'' to read ``IC 13-4.1-

12-1.'' The change adds appropriate specificity to identify the

criteria concerning civil penalties. With the above change, the new

language of this subsection is substantively identical to and no less

effective than 30 CFR 846.14.

IV. Summary and Disposition of Comments

Federal Agency Comments

Pursuant to section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i),

comments were solicited from various interested Federal agencies. The

U.S. Fish and Wildlife Service (FWS) responded (Administrative Record

Number IND-1335). The FWS commented that additional information should

be added to 310 IAC 12-5-3(a) to state that if wetlands are affected, a

permit by the U.S. Army Corps of Engineers may be needed. In response,

the Director notes that the counterpart Federal standards at

[[Page 56520]]

30 CFR 815.15 do not contain such a provision and that the Indiana

provision is substantively identical to the Federal provision so the

Indiana provision need not be changed.

Other comments submitted by FWS pertain to amendments that will be

addressed later in final rule notices concerning Amendment 93-7 parts

II and III.

No other agency comments were received.

Public Comments

A public comment period and opportunity to request a public hearing

was announced in the January 24, 1994, Federal Register (59 FR 3528).

The comment period closed on February 24, 1994. No one commented and no

one requested an opportunity to testify at the scheduled public

hearings so no hearing was held.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain

the written concurrence of the Administrator of the EPA with respect to

any provisions of a State 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.). The Director has determined that these amendments contain no

provisions in these categories and that EPA's concurrence is not

required.

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

proposed amendments from EPA (Administrative Record No. IND-1330). EPA

did not provide any comments concerning this amendment.

V. Director's Decision

Based on the findings above, the Director is approving Indiana's

program amendment #93-7 as submitted by Indiana on December 30, 1993,

and amended on December 6, 1994, and January 25, 1995.

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 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 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: October 20, 1995.

Allen D. Klein,

Regional Director, Appalachian 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. In section 914.15, paragraph (mmm) is added to read as follows:

Sec. 914.15 Approval of regulatory program amendments

* * * * *

(mmm) Amendment #93-7, Part I concerning revisions to the following

Indiana rules as submitted to OSM on December 30, 1993, and amended on

December 6, 1994, and January 25, 1995, is approved effective November

9, 1995.

310 IAC 12-0.5-109.5 concerning the definition of rooting media;

310 IAC 12-0.5-110.5 concerning the definition of shadow area;

310 IAC 12-0.5-122.5 concerning the definition of substantially

disturb;

310 IAC 12-1-5 concerning exemption for coal extraction incidental to

the extraction of other minerals;

310 IAC 12-3-31 concerning permit applications, geology description;

310 IAC 12-3-48 concerning permit applications, postmining land uses;

310 IAC 12-3-69 concerning permit applications (underground), geology

description;

310 IAC 12-3-78 concerning permit applications (underground), general;

310 IAC 12-3-82 concerning permit applications (underground),

postmining land use;

310 IAC 12-3-97 concerning special categories of mining, approximate

original contour variance for steep slope mining, permits;

310 IAC 12-3-106 concerning permit applications, review, public

participation, and approval or disapproval of permit applications,

permit terms and conditions, responsibility;

310 IAC 12-4-5 concerning requirements for filing bonds;

310 IAC 12-4-7 concerning period of liability;

[[Page 56521]]

310 IAC 12-5-3 concerning performance standards for coal exploration;

310 IAC 12-5-4 concerning permits for coal exploration;

310 IAC 12-6-20 concerning individual civil penalties, definitions;

310 IAC 12-6-21 concerning individual civil penalties;

310 IAC 12-6-22 concerning the amount of individual civil penalties;

310 IAC 12-6-23 concerning assessment procedures for individual civil

penalties;

310 IAC 12-6-24 concerning payment of individual civil penalties;

310 IAC 12-7-4 concerning financial interests, filing requirements;

310 IAC 12-7-5 concerning financial interests, filing dates; and

310 IAC 12-7-6 concerning financial interests, filing locations.

Sec. 914.16 [Amended]

3. In Section 914.16, paragraph (bb) is removed and reserved.

[FR Doc. 95-27806 Filed 11-8-95; 8:45 am]

BILLING CODE 4310-05-M