Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-127-FOR; State Program Amendment No. 95-5]

Indiana Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the

Indiana regulatory program (hereinafter the ``Indiana program) under

the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of revisions to Indian's regulations

pertaining to an exemption for coal extraction incidental to the

extraction of other minerals. The amendment is intended to revise the

Indian program to be consistent with the corresponding Federal

regulations.

This document sets forth the times and locations that the Indiana

program and proposed amendment to that program are available for public

inspection, the comment period during which interested persons may

submit written comments on the proposed amendment, and the procedures

that will be followed regarding the public hearing, if one is

requested.

DATES: Written comments must be received by 4:00 p.m., e.s.t., May 29,

1997. If requested, a public hearing on the proposed amendment will be

held on May 27, 1997. Requests to speak at the hearing must be received

by 4:00 p.m., e.s.t. on May 14, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Charles F. McDaniel, Acting Director,

Indianapolis Field Office, at the address listed below.

Copies of the Indiana program, the proposed amendment, a listing of

any scheduled public hearings, and all written comments received in

response to this document will be available for public review at the

address listed below during normal business hours, Monday through

Friday, excluding holidays. Each requester may receive one free copy of

the proposed amendment by contacting OSM's Indianapolis Field Office.

Charles F. McDaniel, Acting Director, Indianapolis Field Office, Office

of Surface Mining

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Reclamation and Enforcement, Minton-Capehart Federal Building, 575

North Pennsylvania Street, Room 301, Indianapolis, IN 46204, Telephone:

(317) 226-6700.

Indiana Department of Natural Resources, 402 West Washington

Street, Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-

1547.

FOR FURTHER INFORMATION CONTACT:

Charles F. McDaniel, Acting Director, Indianapolis Field Office,

Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Indian Program

On July 29, 1982, the Secretary of the Interior conditionally

approved the Indian program. Background information on the Indian

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 32107). Subsequent actions concerning the

conditions of approval and program amendments can be found at 30 CFR

914.10, 914.15, and 914.16.

II. Description of the Proposed Amendment

By letter dated March 7, 1997 (Administrative Record No. IND-1565),

Indiana submitted a proposed amendment to its program pursuant to

SMCRA. Indiana submitted the proposed amendment in response to the

required program amendments at 30 CFR 914.16(cc) and 914.16(dd).

Indiana proposes to amend the Indiana Administrative Code (IAC) at

Title 310 Department of Natural Resources. The full text of the

proposed program amendment submitted by Indiana is available for public

inspection at the locations listed above ADDRESSES. A brief discussion

of the proposed amendment is presented below.

1. 310 IAC 12-1-7 Exemption for Coal Extraction Incidental to the

Extraction of Other Minerals: Contents of Application for Exemption

Indiana proposes to amend the first sentence in 310 IAC 12-1-7 by

replacing the words ``but is not limited to'' with the words ``at a

minimum.'' At 310 IAC 12-1-7(15)(A), the reference to ``IC 13-4.1'' is

changed to read ``IC 14-34.'' Indiana proposes to delete the existing

provision at 310 IAC 12-1-7(17).

2. 310 IAC 12-1-7.1 Exemption for Coal Extraction Incidental to the

Extraction of Other Minerals; Public Availability of Information

Indiana proposes to add new section 7.1. Subsection (a) requires

that except as provided in subsection (c), all information submitted to

the director be available for public inspection and copying and be

maintained until at least three years after expiration of the period

during which the subject mining area is active. Subsection (b) allows

Indiana to keep information confidential if the person submitting the

information requests in writing that it be kept confidential and

demonstrates that the information concerns trade secrets or is

privileged commercial or financial information. Subsection (c) requires

that information requested to be held confidential under subsection (b)

not be made publicly available until after notice and opportunity to be

heard is afforded to persons seeking and opposing disclosure of the

information.

3. 310 IAC 12-1-11 Exemption for Coal Extraction Incidental to the

Extraction Of Other Minerals: Revocation and Enforcement

Indiana proposes to amend 310 IAC 12-1-11. At subsection (b), the

word ``reason'' is replaced with the word ``reasons'' in the phrase

``and the reason therefor.'' Subsection (c) is amended by adding an

introductory sentence, revising subdivision (c)(1), and deleting

existing subdivision (c)(2). The revised language reads as follows:

(c) The following shall apply concerning revocation of an

exemption:

(1) If the director finds that an operator has not demonstrated

that activities conducted in the mining area qualify for the

exemption, the director shall revoke the exemption and immediately

notify the operator and any intervenors. If a decision is made not

to revoke an exemption, the director shall immediately notify the

operator and the intervenors, if any.

Subsection (d) is redesignated as new subdivision (c)(2) and the

reference to ``310 IAC 12-0.6-1-3'' is replaced by ``IC 4-21.5-3-7.''

New subdivision (c)(3) was added to require that a petition for

administrative review not suspend the effect of a decision on whether

to revoke an exemption. Subsection (e) is redesignated as new

subsection (d) with minor wording changes. Subsection (f) was

redesignated as new subdivision (d)(2) with minor wording changes.

Subsection (g) was redesignated as new subdivision (d)(3).

III. Public Comment Procedures

In accordance with the provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Indiana program.

Written Comments

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES or at locations other than the Indianapolis Field Office

will not necessarily be considered in the final rulemaking or included

in the Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,

e.s.t. on May 14, 1997. The location and time of the hearing will be

arranged with those persons requesting the hearing. Any disabled

individual who has need for a special accommodation to attend a public

hearing should contact the individual listed under FOR FURTHER

INFORMATION CONTACT. If no one requests an opportunity to speak at the

public hearing, the hearing will not be held.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

to prepare adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each

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meeting will be made a part of the Administrative Record.

IV. 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.

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 Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 23, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 97-10992 Filed 4-28-97; 8:45 am]

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