Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-136-FOR; State Program Amendment No. 95-4]

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 and additions to its rules pertaining to

repair or compensation for material damage resulting from subsidence

caused by underground coal mining operations and to replacement of

water supplies adversely impacted by coal mining operations. The

amendment is intended to revise the Indiana program to be consistent

with the corresponding Federal regulations.

EFFECTIVE DATE: August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Gilmore, Director,

Indianapolis Field Office, Office of Surface Mining Reclamation and

Enforcement, Minton--Capehart Federal Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, Indiana 46204-1521, Telephone (317)

226-6700.

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 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. Submission of the Proposed Amendment

By letter dated January 14, 1997 (Administrative Record No. IND-

1551), Indiana submitted a proposed amendment to its program pursuant

to SMCRA. Indiana submitted the proposed amendment in response to a May

20, 1996, letter (Administrative Record No. IND-1540) that OSM sent to

Indiana in accordance with 30 CFR 732.17(c)

OSM announced receipt of the proposed amendment in the February 18,

1997. Federal Register (62 FR 7189), 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, 1997.

During its review of the amendment, OSM identified some concerns

pertaining to minor word omissions and spelling and typographical

errors. OSM notified Indiana of these concerns by letter dated March

26, 1997 (Administrative Record No. IND-1562).

By letter dated May 1, 1997 (Administrative Record NO. IND-1570),

Indiana responded to OSM's concerns by stating that the necessary

corrections will be achieved pursuant to a published Errata. Based upon

the State's response and the nature of the concerns, OSM did not reopen

the comment period.

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.

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

to the Corresponding Federal Regulations

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Topic State regulations Federal counterpart regulations

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Definition for ``Drinking, 310 IAC 12-0.5-39.5...................................... 30 CFR 701.5

domestic, or residential water

supply.

Definition for ``Material damage''. 310 IAC 12.05-72.1....................................... 30 CFR 701.5

Definition for ``Noncommercial 310 IAC 12.05-75.5....................................... 30 CFR 701.5

building''.

Definition for ``Occupied 310 IAC 12.0-77.5........................................ 30 CFR 701.5

residential dwelling and

structures related thereto''.

Definition for ``Replacement of 310 IAC 12.0.5-107.5..................................... 30 CFR 701.5

water supply''.

Protection of hydrologic balance... 310 IAC 12-3-81(c)(2).................................... 30 CFR 784.14(e)(3)(iv)

Subsidence control plan............ 310 IAC 12-3-87.1........................................ 30 CFR 784.20

Water rights and replacement....... 310 IAC 12-5-94.......................................... 30 CFR 817.41(j)

Subsidence control: General 310 IAC 12-5-130.1....................................... 30 CFR 817.121

requirements.

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Because the above proposed revisions are identical in meaning to

the corresponding Federal regulations, the Director finds that

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

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 (Administrative

Record No. IND-1553). OSM received two comments; one from the U.S.

Department of Labor Mine Safety and Health Administration and the other

from the U.S. Fish and Wildlife Service (Administrative Record Nos.

IND-1560 and IND-1559, respectively). The Mine Safety and Health

Administration responded that it had no comments on the proposed

amendment. The U.S. Fish and Wildlife Service commented that it could

not

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determine if Indiana's regulations protect fish and wildlife habitats

from subsidence effects to the same extent that they are protected by

surface mining regulations. Indiana's proposed regulations concerning

subsidence are substantially identical to the Federal regulations and,

therefore, are not inconsistent with the Federal requirements. The

appropriateness of the Federal regulations is not at issue in this

rulemaking.

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.

Pursuant to 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (Administrative Record No. IND-1553). EPA

did not respond to OSM's request.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit

comments on proposed amendments which may have an effect on historic

properties from the SHPO and ACHP. OSM solicited comments on the

proposed amendment from the SHPO and ACHP (Administrative Record No.

IND-1553). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Indiana on January 14, 1997, and pursuant to

the State's letter dated May 1, 1997.

The Director approves the rules as proposed by Indiana with the

provision that they be fully promulgated in identical form to the rules

submitted to and reviewed by OSM and the public.

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 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

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.

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: July 29, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR part 914 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 in the table by adding a new entry in

chronological order by ``Date of Final Publication'' to read as

follows:

Sec. 914.15 Approval of Indiana regulatory program amendments.

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Original amendment submission date Date of final publication Citation/description

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*

January 14, 1997......................... August 25, 1997......................... 310 IAC 12-0.5-39.5, 72.1,

75.5, 77.5, 107.5; 12-3-

81, 87.1; 12-5-94, 130.1

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[FR Doc. 97-22413 Filed 8-22-97; 8:45 am]

BILLING CODE 4310-05-M