Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-121; Amendment 94-7]

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 Coal Mining rules

pertaining to the backfilling and grading of surface coal mining and

reclamation operations. The amendment is intended to provide additional

safeguards and clarify ambiguities.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Roger W. Calhoun, Director, Indianapolis Field Office, OSM, Minton-

Capehart Federal Building, Room 301, Indianapolis, Indiana 46204.

Telephone: (317) 232-1547.

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 January 31, 1995, (Administrative Record No. IND-

1420) Indiana submitted a proposed amendment to its program pursuant to

SMCRA at its own initiative. Indiana proposed to revise 310 IAC 12-5-

54.1--Surface Mining: Backfilling and Grading, Timing Limitations.

OSM announced receipt of the proposed amendment in the February 17,

1995, Federal Register (60 FR 9313), 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 March 20, 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 organizational changes resulting from this amendment.

310 IAC 12-5-54.1--Surface Mining: Backfilling and Grading, Timing

Limitations

Indiana is revising subsection (a) to make several nonsubstantive

wording changes. At subsection (a)(1), Indiana is requiring that

backfilling and grading in [[Page 17638]] mining operations that

involve spoil ridges be accomplished in 180 days of deposition,

provided that no more than four spoil ridges remain at any one time.

The current regulations specify that no more than an average of four

spoil ridges by length remain.

Indiana is revising subsection (b) to make two nonsubstantive

wording changes and to correct a cross-reference.

Indiana is revising subsection (c) to make two nonsubstantive

wording changes and to delete the requirement that requests for an

extension of the timing limitation for more than one year be approved

by the Natural Resources Commission.

The corresponding Federal regulations at 30 CFR 816.101 were

suspended effective August 31, 1992 (57 FR 33875). Therefore, States

may adopt backfilling and grading time and distance standards which

result in contemporaneous mining and reclamation as required by 30 CFR

816.100. The Director finds the proposed revisions at 310 IAC 12-5-54.1

no less effective than the Federal requirements for contemporaneous

reclamation at 30 CFR 816.100 and 817.100.

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 interests in the Indiana program. No comments

were received.

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, the Director approves the proposed

amendment as submitted by Indiana on January 31, 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

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: March 30, 1995.

David G. Simpson,

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 (hhh) to read as

follows:

Sec. 914.15 Approval of regulatory program amendments.

* * * * *

(hhh) The following amendment (Program Amendment Number 94-7) as

submitted to OSM on January 31, 1995 is approved effective April 7,

1995: 310 IAC 12-5-54.1 concerning timing limitations for backfilling

and grading of surface coal mining and reclamation operations.

[FR Doc. 95-8583 Filed 4-6-95; 8:45 am]

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