Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[IN-119-FOR; State Amendment No. 94-5]

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, with exceptions and additional requirements,

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). The amendment consists of

changes to the Indiana surface mining rules concerning OSM Regulatory

Reform I and III issues, required program amendments, and State

initiatives. The primary focus of

[[Page 55744]]

the amendment is on hydrology, impoundments, roads, support facilities,

and additional miscellaneous issues. This amendment is intended to

resolve outstanding issues that remain in the Indiana program resulting

from changes to the Federal program. The amendment is also intended to

add changes desired by the State.

EFFECTIVE DATE: October 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Roger W. Calhoun, Director, Indianapolis Field Office, 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 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 32071). Subsequent actions concerning the

conditions of approval and program amendments can be found at 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), and on September 20,

1989 (Regulatory Reform III), that a number of Indiana program rules

are less effective than or inconsistent with the revised Federal

requirements.

By letter dated October 15, 1993 (Administrative Record Number IND-

1300), the Indiana Department of Natural Resources (IDNR) submitted to

OSM State program amendment package #93-6, which consisted of revisions

to 52 sections of the Indiana rules. The revisions addressed changes to

the Indiana program that were identified in the two letters referred to

above, and certain required program amendments identified at 30 CFR

914.16. The State has also proposed additional changes that are

designed to further improve the Indiana program. The primary focus of

the submittal is on hydrology, impoundments, roads, support facilities,

and termination of jurisdiction. OSM reviewed the proposed #93-6

amendments, and provided Indiana with a detailed list of comments

concerning the amendments.

By letter dated September 26, 1994 (Administrative Record Number

IND-1401), Indiana submitted proposed amendment #94-5 as a revised

replacement for amendment #93-6. OSM reviewed amendment #94-5 and

submitted comments to Indiana by letter dated July 28, 1995

(Administrative Record Number IND-1505). Indiana responded by letter

dated August 16, 1995 (Administrative Record Number IND-1506).

OSM announced receipt of proposed amendment #93-6 in the December

16, 1993, Federal Register (53 FR 65679), 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 18, 1994.

OSM announced receipt of proposed amendment #94-5 in the October

20, 1994, Federal Register (59 FR 52943), 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 November 21, 1994. No one requested an

opportunity to speak at the public hearing, so no hearing was held.

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.

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

to the Corresponding Provisions of the Federal Regulations

The following rulemaking actions are being proposed by Indiana:

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Federal

Rule number Subject counterpart (30

CFR)

----------------------------------------------------------------------------------------------------------------

310 IAC 12-0.5-78.7..................... Definition of ``other treatment facilities.''..... 701.5

310 IAC 12-0.5-91.5..................... Definition of ``previously mined area.''.......... 701.5

310 IAC 12-0.5-109...................... Definition of ``road.''........................... 701.5

310 IAC 12-3-30......................... Permit applications; hydrology.................... 780.21(a)

310 IAC 12-3-32......................... Permit applications; ground water................. 780.21(b)

310 IAC 12-3-33......................... Permit applications; surface water................ 780.21(b)

310 IAC 12-3-34......................... Permit application; alternative water supply...... 780.21(e)

310 IAC 12-3-41......................... Permit applications; general requirements......... 780.11(a), (b)

310 IAC 12-3-47......................... Permit applications; protection of hydrologic 780.21

balance.

310 IAC 12-3-55......................... Permit applications; transportation facilities.... 780.37(a)

310 IAC 12-3-68......................... Underground permits; hydrology.................... 784.14(a)

310 IAC 12-3-70......................... Underground permits; ground water................. 784.14(b), (h)

310 IAC 12-3-71......................... Underground permits; surface water information.... 784.14(b)(2), (I)

310 IAC 12-3-81......................... Underground permits; protection of hydrologic 784.14(g), (e)

balance.

310 IAC 12-3-91......................... Underground mining; return of coal processing 784.25

waste to abandoned underground workings.

310 IAC 12-5-17......................... Surface mining; water quality standards and 816.42

effluent limitations.

310 IAC 12-5-20......................... Surface mining; sediment control measures......... 816.45

310 IAC 12-5-27......................... Surface mining; surface and ground water 816.41

monitoring.

310 IAC 12-5-31......................... Hydrologic balance; diversions, impoundments, and 816.56

treatment facilities.

310 IAC 12-5-39......................... Disposal of excess spoil.......................... 816.71

310 IAC 12-5-41......................... Surface mining; general requirements.............. 816.81

310 IAC 12-5-42......................... Coal processing waste banks; site inspection; 816.83

construction requirements.

310 IAC 12-5-44......................... Coal mine waste................................... 816.83

310 IAC 12-5-48......................... Surface mining; dams and embankments; general 816.84

requirements.

310 IAC 12-5-50......................... Coal processing waste; dams and embankments; 816.84

design and construction.

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310 IAC 12-5-69......................... Surface mining; roads............................. 816.150

310 IAC 12-5-70......................... Other transportation facilities................... 816.181

310 IAC 12-5-83......................... Underground mining; water quality standards and 817.42

effluent limitations.

310 IAC 12-5-86......................... Underground mining; sediment control measures..... 817.46

310 IAC 12-5-92......................... Underground mining; surface and ground water 817.41

monitoring.

310 IAC 12-5-96......................... Underground mining; postmining rehabilitation of 817.56

siltation structures, diversions, impoundments,

and treatment facilities.

310 IAC 12-5-104........................ Underground mining; disposal of underground 817.71

development waste and excess spoil.

310 IAC 12-5-105........................ Underground mining; coal processing waste banks; 817.81

general requirements.

310 IAC 12-5-106........................ Underground mining; coal processing waste banks; 817.83

site inspection.

310 IAC 12-5-108........................ Underground mining; coal processing waste banks; 817.83

construction requirements.

310 IAC 12-5-112........................ Underground mining; coal processing waste; dams 817.84

and embankments; general requirements.

310 IAC 12-5-114........................ Underground mining; dams and embankments; design 817.84

and construction.

310 IAC 12-5-137........................ Underground mining; roads......................... 817.150

310 IAC 12-5-144........................ Auger mining; additional performance standards.... 819.15

310 IAC 12-6-19......................... Termination of jurisdiction....................... 700.11

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Because the above proposed amendments are identical in meaning to

the corresponding Federal definitions, the Director finds that

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

B. Revisions to Indiana's Regulations That Are Not Substantively

Identical to the Corresponding Federal Regulations

1. 310 IAC 12-3-49/83 Permit applications; ponds, impoundments,

refuse piles, coal mine waste dams and embankments.

The changes to these sections add language substantively identical

to and no less effective than the Federal counterparts at 30 CFR 780.25

and 784.16. However, subsections 49/83(e)(3) lack a requirement for a

stability analysis of each structure as required by 30 CFR 780.25(f)

and 784.16(f). Therefore, the Director is requiring that the Indiana

program be further amended to provide for a stability analysis as is

required by 30 CFR 780.25(f) and 784.16(f).

The Director notes that Indiana lacks certain counterpart

provisions to Federal provisions found at 30 CFR 780.25(a), (a)(2), and

(a)(3) that were amended in part on October 20, 1994, at 59 FR 53022.

The Federal regulations were amended primarily to incorporate by

reference certain criteria relating to dam classification found in U.S.

Soil Conservation Service (SCS) Technical Release No. 60 (TR-60), 1985,

in order to ensure that the permitting requirements for impoundments

are consistent with the performance standards for impoundments and that

both are tied to certain SCS and Mine Safety and Health Administration

(MSHA) requirements. In a future 30 CFR part 732 letter, OSM will

notify Indiana of the additional revisions to its program that are

necessary to be no less effective than the revised Federal regulations

discussed above.

2. 310 IAC 12-3-55.1/90.5 Permit applications; road systems.

These new sections are substantively identical to the counterpart

Federal regulations at 30 CFR 780.37 and 784.24 with the following

exceptions. Subsections 55.1/90.5(c) cross-reference the design

requirements of 310 IAC 12-5-69.5/137.5. The design provisions in 310

IAC 12-5-69.5 (2)(B) and 12-5-137.5(2) lack a technical basis on which

to judge whether or not a road embankment is stable. The Director is

approving the proposed provisions, but notes that subsections (c) cross

reference sections 310 IAC 12-5-69.5/137.5 which are less effective to

the extent described in Finding B-6, below.

3. 310 IAC 12-3-127 Permit reviews; approval for transfer,

assignment, or sale of permit rights.

The Director finds the proposed amendments substantively identical

to the counterpart federal regulations at 30 CFR 773.15. In addition,

the Director is requiring that 310 IAC 12-3-127(c)(4), introductory

paragraph, also be amended to include the phrase ``or by any person who

owns or controls the applicant'' after the word ``applicant'' in line

3, and the phrase ``or person who owns or controls the applicant''

after the word ``applicant'' in line 7.

4. 310 IAC 12-5-21/87 Surface mining; siltation structures.

The Director finds these amendments to be substantively identical

to the counterpart Federal regulations at 30 CFR 816/817.46 (b) and (c)

and 30 CFR 816/817.49(a)(9) except as noted below. The proposed

language at subsections (a)(3) provide that professional land surveyors

may certify the construction of siltation structures. The Federal

regulations at 30 CFR 816/817.46(b)(3) and 816/817.49(a)(11)(iv)

authorize professional land surveyors to inspect and certify certain

impoundments only in States which authorize land surveyors to prepare

and certify plans in accordance with 30 CFR 780.25(a). Indiana does not

authorize land surveyors to prepare and certify such plans. Therefore,

the proposed language is less effective than the Federal regulations to

the extent that land surveyors would be allowed to inspect and certify

the construction of siltation structures. The Director is approving 310

IAC 12-5-21/87(a)(3) except to the extent that the provisions authorize

land surveyors to inspect and certify the construction of siltation

structures. Therefore, Indiana must remove from 310 IAC 12-5-21/

87(a)(3) the language concerning land surveyors that is not approved.

The Director notes that the provisions at subsections (d)(2) do not

include criteria for impoundments meeting the SCS Class B or C criteria

as provided in 30 CFR 816.46(c)(2) and 816.49(a)(9). These Federal

regulations were amended in part on October 20, 1994, at 59 FR 53022.

The Federal regulations were amended primarily to incorporate by

reference certain criteria relating to dam classification found in U.S.

Soil Conservation Service (SCS) Technical Release No. 60 (TR-60), 1985,

in order to ensure that the permitting requirements for impoundments

are consistent with the performance standards for impoundments and that

both are tied to certain SCS and Mine Safety and Health Administration

(MSHA) requirements. In a future 30 CFR Part 732 letter, OSM will

notify Indiana of the additional revisions to its program that are

necessary to be no less effective than the revised Federal regulations

discussed above.

5. 310 IAC 12-5-24/90 Surface mining; permanent and temporary

impoundments.

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The Director finds the proposed amendments to these sections to be

similar to and no less effective than the counterpart Federal

regulations at 30 CFR 816/817.49, with the following exceptions.

At proposed 310 IAC 12-5-24/90(a)(9)(B), Indiana is adding language

to authorize qualified registered professional land surveyors to

certify certain impoundment inspections. The Federal regulations at 30

CFR 816/817.49(a)(11)(iv) authorize professional land surveyors to

inspect and certify certain impoundments as required by 816/

817.49(a)(11) only in States which authorize land surveyors to prepare

and certify plans in accordance with 30 CFR 780.25(a). Indiana does not

authorize land surveyors to prepare and certify such plans. Therefore,

the proposed language is less effective than the Federal regulations at

30 CFR 816/817.49(a)(11)(iv) to the extent that land surveyors would be

allowed to inspect and certify certain impoundments. The Director is

approving 310 IAC 12-5-24/90(a)(9)(B) except to the extent that the

provisions authorize land surveyors to inspect and certify

impoundments. Therefore, Indiana must remove from 310 IAC 12-5-21/

87(a)(3) the language concerning land surveyors that is not approved.

At proposed 310 IAC 12-5-24/90(a)(9)(E), Indiana is adding language

to authorize an exemption to the quarterly inspection requirements at

12-5-24/90(a)(9)(E). There are no Federal counterparts to the proposed

language, but OSM has approved similar language in Illinois (see 56 FR

64988; December 13, 1991). In the Illinois finding, OSM determined that

due to site specific factors such as relatively flat terrain and sparse

population in the coal producing areas, an exemption from the annual

certifications and quarterly inspections of non-hazardous impoundments

is acceptable in Illinois. The Director has determined that the same is

true for Indiana. The Director finds the proposed State language no

less effective than the counterpart Federal regulations at 30 CFR 816/

817.49(a)(10) but, as with the Illinois approval, is requiring that

Indiana use the criteria developed by OSM on September 7, 1990, as a

guideline when reviewing exemption requests. In a letter dated August

21, 1996, (Administrative Record Number IND-1542), Indiana agreed to

use this criteria when reviewing an exemption request under this rule.

In addition, the Director notes that Indiana's use of the term

``subsection'' in the phrase ``shall be exempt from the examination

requirements of this subsection'' is incorrect. In the August 21, 1996,

letter, Indiana stated that the correct term should be ``clause,'' and

that it is the intention of the Indiana Division of Reclamation to

apply 310 IAC 12-5-24/90(a)(9)(E) as the examination requirements that

would be exempted by the proposed provisions. The Director is requiring

that Indiana further amend 310 IAC 12-5-24/90(a)(9)(E) to clarify that

the term ``subsection'' should be ``clause.''

The Federal regulations at 30 CFR 816/817.49 concerning

impoundments were revised on October 20, 1994 (59 FR 53022). Most of

the changes to the Federal provisions are related to the incorporation

by reference of certain criteria in ``Earth Dams and Reservoirs,'' SCS

publication TR-60, 1985. Specifically, the criteria referenced in TR-60

require impoundments meeting SCS Class B and C criteria in TR-60 to

meet the same stability, spillway, foundation investigation, freeboard,

hydrograph, inspection, and examination requirements as impoundments

meeting the MSHA criteria in 30 CFR 77.216(a). In a future 30 CFR Part

732 letter, OSM will notify Indiana of the additional revisions to

sections 310 IAC 12-5-24/90 that are necessary to be no less effective

than the revised Federal regulations discussed above.

6. 310 IAC 12-5-69.5/137.5 Surface mining; primary roads.

The Director finds the proposed amendments to be substantively

identical to the counterpart Federal regulations at 30 CFR 816/817.151,

with the following exceptions.

The proposed language at subsections 69.5(2) (A) and (B)/137.5(2)

allow a minimum static safety factor of 1.3, ``or'' a maximum slope not

in excess of 3h:1v. The proposed option of either the 1.3 static safety

factor or a maximum slope of 3h:1v is less effective than the

counterpart federal regulations, because a 3h:1v slope isn't

automatically equivalent to a 1.3 static safety factor. Therefore, the

Director is approving the proposed provisions except to the extent that

the provisions allow the use of a maximum slope of 3h:1v as an

alternative to the 1.3 static safety factor requirement. In addition,

Indiana must remove from 310 IAC 12-5-69.5/137.5(2) the language that

allows the use of a maximum slope of 3h:1v as an alternative to the 1.3

static safety factor requirement or propose engineering design

standards for a slope of 3h:1v that ensure compliance with the minimum

static safety factor of 1.3.

Indiana also proposed engineering design standards at subsection

69.5(2)(C) for surface mining primary roads, which allow the use of a

maximum slope of 2h.1v, as an alternative to the 1.3 static safety

factor requirement. The Federal regulations at 30 CFR 780.37(c) and

784.24(c) allow regulatory authorities to establish engineering design

standards for primary roads in lieu of engineering tests to establish

compliance with the minimum static safety factor of 1.3. OSM conducted

a technical review of the proposed design standard and found them to be

acceptable. Therefore, the Director is approving Indiana's alternative

design standards at 310 IAC 12-5-69.5(2)(C).

IV. Summary and Disposition of Comments

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. Fish

and Wildlife Service (FWS) responded (Administrative record Number IND-

1411) supporting the amendments because ``they generally provide a

higher level of reporting, monitoring, and remediation regarding water

quality and quantity.'' The FWS also had the following specific

comments.

FWS recommended that 310 IAC 12-3-47(c)(2)(C), concerning adverse

effects of mining on underground or surface water, be amended by adding

to the list of ``legitimate purposes'' to include aquatic ecosystems.

In response, the Director notes that the proposed language is identical

to the counterpart Federal language 30 CFR 780.21(f)(3)(iii). In

addition, the ``legitimate purposes'' referred to in the provision

applies to human use of water supplies (e.g., domestic, agricultural),

and, therefore, aquatic ecosystems would be an inappropriate addition

to the list.

FWS recommended that 310 IAC-12-5-21(b)(1) be amended to add that

siltation structures be located out of forested intermittent streams

and forested wetlands as well as out of perennial streams. In response,

the Director notes that the amended language is substantively identical

to the counterpart Federal regulations at 30 CFR 816.46(c)(ii).

FWS recommended that 310 IAC 12-5-69(b)(6) be amended to require

that flow alterations be ``minimal'' in accordance with best available

technology. In response, the Director notes that the proposed language

is identical to the counterpart Federal language at 30 CFR

816.150(b)(5).

[[Page 55747]]

The U.S. Department of Agriculture, Natural Resources Conservation

Service (NRCS) responded that their review revealed no impact to NRCS

programs. However, the NRCS had the following questions.

The NRCS stated that if Indiana doesn't authorize professional land

surveyors to certify construction, then the phrase ``or qualified

registered professional land surveyor'' should be removed from 310 IAC

12-5-21(a)(3). In response, the Director notes that as discussed above

in Finding 4, Indiana does not authorize land surveyors to certify

impoundment designs. Therefore, Indiana's proposed authorization to

allow land surveyors to inspect and certify impoundments is less

effective than the Federal regulations at 30 CFR 816/817.49(a)(11)(iv)

and cannot be approved.

The NRCS stated that 310 IAC 12-5-24/90(a)(9) and (a)(9)(B) appear

contradictory because the introductory paragraph at (a)(9) refers only

to professional engineers, while (a)(9)(B) refers to both engineers and

surveyors. In response, the Director notes that as discussed above in

Finding 5, Indiana does not authorize land surveyors to certify

impoundment designs. Therefore, Indiana's proposed authorization to

allow land surveyors to inspect and certify impoundments is less

effective than the Federal regulations at 30 CFR 816/817.49(a)(11)(iv)

and cannot be approved.

Public Comments

A public comment period and opportunity to request a public hearing

was announced in the October 20, 1994, Federal Register (59 FR 52943).

The comment period closed on November 21, 1994. No comments were

received, and no one requested a hearing, so the scheduled hearing was

not 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 on October 3, 1994 (Administrative Record

Number IND-1404). EPA responded on October 18, 1994 (Administrative

Record Number IND-1410). EPA stated that it found the document

(amendment #94-5) acceptable.

V. Director's Decision

Based on the above findings, the Director is approving amendment

#94-5 submitted by Indiana on September 26, 1994, except as noted

below.

The Director is approving 310 IAC 12-5-21/87(a)(3) except to the

extent that the provisions authorize land surveyors to inspect and

certify the construction of siltation structures, and he is requiring

Indiana to remove the disapprove language and to notify OSM when the

removal is completed.

The Director is approving 310 IAC 12-5-24/90(a)(9)(B) except to the

extent that the provisions authorize land surveyors to inspect and

certify impoundments, and he is requiring Indiana to remove the

disapproved language and to notify OSM when the removal is completed.

The Director is approving 310 IAC 12-5-69.5/137.5(2) except to the

extent that the provisions allow the use of a maximum slope of 3h:1v

without providing engineering design standards that ensure compliance

with the minimum static safety factor of 1.3. He is also requiring that

Indiana remove the disapproved language and notify OSM when the removal

is completed or proposed engineering design standards for a slope of

3h:1v that ensure compliance with the 1.3 minimum static safety factor

requirement.

In addition, the State's subsections 310 IAC 12-3-49/83(e)(3)

should be amended to add the requirement concerning stability analysis

of each structure as required by 30 CFR 780.25 and 784.16 subsection

(f).

The Director is requiring that 310 IAC 12-3-127(c)(4), introductory

paragraph, be amended to include the phrase ``or by any person who owns

or controls the applicant'' after the word ``applicant'' in line 3, and

the phrase ``or person who owns or controls the applicant'' after the

word ``applicant'' in line 7.

The Director is requiring that Indiana further amend 310 IAC 12-5-

24/90(a)(9)(E) to clarify that the term ``subsection'' should be

``clause.''

The Director's approval herein of the proposed amendment has

satisfied certain required amendments codified at 30 CFR 914.16.

Therefore, the Director is removing the following required program

amendments: 30 CFR 914.16 (o), (q), (r), (t), (u), (v), (w), (x), (y),

(z), and (aa).

The Federal regulations at 30 CFR Parts 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.

Effect of Director's Decision

Section 503 of SMCRA provides that a State may not exercise

jurisdiction under SMCRA unless the State program is approved by the

Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of

an approved State program be submitted to OSM for review as a program

amendment. Thus, any changes to the State program are not enforceable

until approved by OSM. The Federal regulations at 30 CFR 732.17(g)

prohibit any unilateral changes to approved State programs. In his

oversight of the Indiana program, the Director will recognize only the

statutes, regulations and other materials approved by him, together

with any consistent implementing policies, directives and other

materials, and will require the enforcement by Indiana of only such

provisions.

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 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (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.

[[Page 55748]]

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.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: September 30, 1996

Ronald C. Recker,

Acting 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. Section 914.15 is amended by adding paragraph (rrr) to read as

follows:

Sec. 914.15 Approval of regulatory program amendments.

* * * * *

(rrr) With the exceptions noted below, the amendments submitted by

Indiana on September 26, 1994, and revised on August 16, 1995, are

approved effective October 29, 1996:

The Director is approving 310 IAC 12-5-21/87(a)(3) except to the

extent that the provisions authorize land surveyors to inspect and

certify the construction of siltation structures.

The Director is approving 310 IAC 12-5-24/90(a)(9)(B) except to the

extent that the provisions authorize land surveyors to inspect and

certify impoundments.

The Director is approving 310 IAC 12-5-69, 5/137.5(2) except to the

extent that the provisions allow the use of a maximum slope of 3h:1v

without providing engineering design standards that ensure compliance

with the minimum static safety factor of 1.3.

3. Section 914.16 is amended by removing and reserving paragraphs

(o), (q), (r), (t), (u), (v), (w), (x), (y), (z), and (aa); and adding

paragraph (ii) to read as follows:

Sec. 914.16 Required program amendments.

* * * * *

(ii) By April 28, 1997, Indiana shall submit either a proposed

amendment or a description of an amendment to be proposed, together

with a timetable for adoption, to address the following:

a. Amend the Indiana program at 310 IAC 12-3-49/83(e)(3) to add the

requirement concerning stability analysis of each structure as is

required by 30 CFR 780.25(f) and 784.16(f).

b. Amend 310 IAC 12-3-127(c)(4), introductory paragraph, to include

the phrase ``or by any person who owns or controls the applicant''

after the word ``applicant'' in line 3, and the phrase ``or person who

owns or controls the applicant'' after the word ``applicant'' in line

7.

c. The Director is requiring that Indiana further amend 310 IAC 12-

5-24/90(a)(9)(E) to clarify that the term ``subsection'' should be

``clause.''

[FR Doc. 96-27599 Filed 10-28-96; 8:45 am]

BILLING CODE 4310-05-M