Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-120, Amendment Number 94-6]

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 the Indiana Surface Mining rules

pertaining to the procedures for the application and renewal or blaster

certification. The amendment is [[Page 13039]] intended to revise

language which was inadvertently repealed.

EFFECTIVE DATE: March 10, 1995.

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

Indianapolis Field Office, Office of Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal Building, Room 301, Indianapolis,

Indiana 46202. 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 29,

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

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 December 7, 1994 (Administrative Record No. IND-

1416), Indiana submitted a proposed amendment to its program pursuant

to SMCRA to revise language that was inadvertently repealed and

pertains to the procedures for the application and renewal of blaster

certification. Indiana proposed to revise 310 IAC 12-8-4.1 Application

for Certification and 310 IAC 12-8-8.1 Renewal.

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

1994, Federal Register (59 FR 67691), 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 January 30, 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.

310 IAC 12-8-4.1 Application for Certification. This new section is

added to provide the following. Section 4.1(a)-(c) require that an

application for certification as a certified blaster be submitted to

the Department of Natural Resources (Department) in writing on forms

furnished by the Department and completed in accordance with the

instructions. Section 4.1(d) states that an application is incomplete

if the form does not contain all required information or contains

incorrect information. The applicant will be notified on any

deficiencies and if the required information is not provided within 30

days of the notice, the application will be terminated. Section 4.1(e)

provides for the verification by the Department of the information on

the application. Section 4.1(f) states that if an application has been

terminated, the person will not be considered for certification. A new

application may be submitted at any time by complying with subsections

(b) and (c) of this section.

There are no direct Federal counterparts. However, the Federal

regulations at 30 CFR 850.15(a) pertaining to the certification of

blasters require that the regulatory authority certify for a fixed

period those candidates qualified to accept the responsibility for

blasting operations. The Director finds that the proposed regulations

at 310 IAC 12-8-4.1 are consistent with the Federal regulations at 30

CFR 850.15(a).

310 IAC 12-8-8.1 Renewal. Section 8.1(a) requires that a certified

blaster renew his/her certification every three years. A request for

renewal of certification must be in writing on a form furnished by the

Department. The request must be received by the Department not later

than 30 days prior to the expiration of the certificate. Section 8.1(b)

specifies that the renewal will be approved if the certified blaster

has worked at least 12 months of the preceding 36 months as a certified

blaster and is not in violation of the provisions of 310 IAC 12-8-9

(Suspension or Revocation of Certification). Section 8.1(c) states that

when a certification is not renewed for more than one year after

expiration, the certification will not be renewable. If certification

is sought, the person must submit an application and will be considered

a new applicant. Sections 8.1 (d) and (e) state that a renewal notice

will be sent to each registrant to the last address given by the

registrant not less than two months prior to the expiration date of the

certification. Failure to receive a renewal notice does not relieve the

certified blaster of the obligation to obtain a renewal of the

certification as required.

The Federal regulations at 30 CFR 850.15(c) pertaining to

recertification permit the regulatory authority to require the periodic

re-examination, training, or other demonstration of continued blaster

competency. As described above, Indiana requires a periodic

demonstration of continued blaster competency when a blaster must

triennially demonstrate that he/she has worked as a certified blaster

for at least 12 out of the last 36 months and is not in violation of

310 IAC 12-8-9, which section lists prohibited activities that are

causes for the suspension/revocation of a blaster's certification.

Therefore, the Director finds that the proposed regulations at 310 IAC

12-8-8.1 are no less effective than the Federal regulations at 30 CFR

850.15(c).

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. The U.S.

Department of the Interior, Bureau of Mines, concurred without comment.

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.

V. Director's Decision

Based on the above finding(s), the Director approves the proposed

amendment as submitted by Indiana on December 7, 1994.

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 [[Page 13040]] 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

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 Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 3, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support 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 (fff) to read as

follows:

Sec. 914.15 Approval of regulatory program amendments.

* * * * *

(fff) The following amendment (Program Amendment Number 94-6)

submitted to OSM on December 7, 1994, is approved effective March 10,

1995. 310 IAC 12-8-4.1 concerning application for blaster certification

and 310 IAC 12-8-8.1 concerning renewal of blaster certification.

[FR Doc. 95-5920 Filed 3-9-95; 8:45 am]

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