Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-117, Amendment Number 94-2]

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 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 miscellaneous revisions to Indiana's Surface

Coal Mining and Reclamation Rules. The amendment is intended to revise

the Indiana program to eliminate typographical, clerical, and spelling

errors and to amend those instances where the word ``commission''

should be changed to ``director'' in accordance with Indiana Senate

Enrolled Act (SEA) 362.

EFFECTIVE DATE: April 20, 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

By letter dated August 25, 1994 (Administrative Record No. IND-

1394), Indiana submitted program amendment #94-2 concerning

miscellaneous revisions to the Indiana rules to eliminate

typographical, clerical, and spelling errors and to amend those

instances where the word ``commission'' should be changed to

``director'' in accordance with Indiana SEA 362. OSM approved SEA 362

as a program amendment on August 2, 1991 (56 FR 37016). By letter dated

August 30, 1994 (Administrative Record No. IND-1395), Indiana submitted

a supplement to the August 25, 1994, submittal which consists of a hard

copy of the rules being amended in those instances where ``commission''

should be changed to ``director'' as a response to SEA 362 along with

miscellaneous revisions.

OSM announced receipt of the proposed amendment in the September

16, 1994, Federal Register (59 FR 47571), 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 October 17, 1994. By letter dated March 20, 1995

(Administrative Record No. IND-1438), Indiana submitted additional

typographical and clerical corrections to the proposed amendment in

response to comments provided by OSM on February 14, 1995

(Administrative Record No. IND-1437). In addition, Indiana withdrew its

proposed change to 310 IAC 12-7-1(c) and reinstated the word

``commissions,'' to this subsection. Therefore, 310 IAC 12-7-1(c) is

not part of this amendment.

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 to the Indiana program.

In amendment #94-2, Indiana corrected numerous typographical,

clerical, or spelling errors and made numerous changes from the word

``commission'' to ``director.'' The Director finds that the numerous

typographical, clerical, and spelling changes are nonsubstantive

changes or changes which improve the clarity or accuracy of the Indiana

rules.

The Director finds that the changes from ``commission'' to

``director'' more accurately reflect the responsibilities within the

Indiana program as provided by SEA 362 which was approved by OSM on

August 2, 1991 (56 FR 37016), and that the changes do not render the

Indian program less effective than Federal regulations.

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. No

comments were received.

Public Comments

A public comment period and opportunity to request a public hearing

was announced in the September 16, 1995, Federal Register (59 FR

47571). The comment period closed on October 17, 1995. No one commented

and no one requested an opportunity to testify at the scheduled public

hearing 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 this amendment contains 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 amendment from EPA (Administrative Record No. IND-1403). EPA

responded on September 27, 1994 (Administrative Record No. IND-1402)

and stated that EPA had no comments.

V. Director's Decision

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

program amendment #94-2, concerning miscellaneous revisions to the

Indiana rules as submitted by Indiana on August 25, 1994, supplemented

on August 30, 1994, and amended on March 20, 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

[[Page 19669]] 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: April 13, 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. In Sec. 914.15, paragraph (jjj) is added to read as follows:

Sec. 914.15 Approval of regulatory program amendments.

* * * * *

(jjj) Amendment #94-2 to the Indiana program concerning

miscellaneous revisions to the Indiana rules as submitted to OSM on

August 25, 1994, supplemented on August 30, 1994, and amended on March

20, 1995, is approved effective April 20, 1995.

[FR Doc. 95-9774 Filed 4-19-95; 8:45 am]

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