Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-130-FOR; State Program Amendment No. 95-8]

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 regulations pertaining to

permit application requirements for reclamation plans, public

availability of information, and stream buffer zones. The amendment is

intended to revise the Indiana 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 6,

1998. If requested, a public hearing on the proposed amendment will be

held on May 1, 1998. Requests to speak at the hearing must be received

by 4:00 p.m., e.s.t. on April 21, 1998.

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

be mailed or hand delivered to Andrew R. Gilmore, 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

addresses 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.

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, 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:

Andrew R. Gilmore, Director, Indianapolis Field Office, Telephone:

(317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

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

approved the Indiana program. 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 914.15 and

914.16.

[[Page 16724]]

II. Description of the Proposed Amendment

By letter dated March 6, 1998 (Administrative Record No. IND-1596),

Indiana submitted a proposed amendment to its program pursuant to

SMCRA. Indiana submitted the proposed amendment at its own initiative.

Indiana proposes to amend the Indiana Administrative Code (IAC) at 310

IAC 12. The full text of the proposed program amendment submitted by

Indiana is available for public inspection at the locations listed

above under ADDRESSES. A brief discussion of the proposed amendment is

present below.

1. 310 IAC 12-3-46 Surface Mining Permit Application Requirements

for Reclamation Plans. a. The existing provision in subsection (a) was

revised by changing the citation references from ``IC 13-4.1-8 and 310

IAC 12-5-1 through 310 IAC 12-5-158'' to ``IC 14-34-10, 310 IAC 12-5,

and the environmental protection performance standards of IC 14-34 and

this article.'' The following new provision was added:

The plan shall include, at a minimum, all information required

under sections 41 through 45 of this rule, this section, and

sections 46.5 through 55 of this rule.

b. The following revisions were made to subsection (b):

New paragraph (2) was added as follows:

A detailed estimate of the cost of reclamation of the proposed

operations required to be covered by a performance bond under 310

IAC 12-4, with supporting calculations for the estimates.

Existing paragraph (2) was changed to paragraph (3) and a citation

reference to 310 IAC 12-5-150.1 was added.

Existing paragraph (3) was changed to paragraph (4) and revised to

also require that a demonstration of the suitability of topsoil

substitutes or supplements be based upon analysis of the total depth of

the different kinds of soils. The last sentence of new paragraph (4)

was revised to read as follows:

The director may require other chemical and physical analyses,

field-site trials, or greenhouse tests if determined to be necessary

or desirable to demonstrate the suitability of the topsoil

substitute or supplements.

Existing paragraph (4) was changed to paragraph (5) and revised by

adding the language ``but not limited to'' after the word

``including.'' Existing paragraphs (4)(i) through (4)(vii) were changed

to paragraphs (5)(A) through (5)(G). New paragraph (5)(G) was revised

by removing the language ``methods for evaluating'' and replacing it

with the language ``a soil testing plan for evaluation of.''

Existing paragraphs (5) through (8) were changed to paragraphs (6)

through (9) with minor wording changes.

2. 310 IAC 12-3-80 Underground Mining Permit Application

Requirements for Reclamation Plans. a. The existing provision in

subsection (a) was revised by changing the citation references from

``chapters 8 and 9 of IC 13-4.1 and 310 IAC 12-5-1 through 310 IAC 12-

5-158'' to ``IC 14-34-10, IC 14-34-11, and the environmental protection

performance standards of IC 14-34 and this article.'' The following new

provision was added:

The plan shall include, at a minimum, all information required

under sections 41 through 55 of this rule.

b. The following revisions were made to subsection (b):

New paragraph (2) was added as follows:

A detailed estimate of the cost of reclamation of the proposed

operations required to be covered by a performance bond under 310

IAC 12-4, with supporting calculations for the estimates.

Existing paragraph (2) was changed to paragraph (3) and it was

revised to read as follows:

A plan for backfiling, soil stabilization, compacting, and

grading, with contour maps, topographical maps, or cross-sections

that show the anticipated final surface configuration of the

proposed permit area in accordance with 310 IAC 12-5-119.1 through

310 IAC 12-5-121.5 and 310 IAC 12-5-150.1.

Existing paragraph (3) was changed to paragraph (4) and revised to

also require that a demonstration of the suitability of topsoil

substitutes or supplements be based upon analysis of the total depth of

the different kinds of soils. The last sentence of new paragraph (4)

was revised to read as follows:

The director may require other chemical and physical analyses,

field-site trials, or greenhouse tests if determined to be necessary

or desirable to demonstrate the suitability of the topsoil

substitute or supplements.

Existing paragraph (4) was changed to paragraph (5) and revised by

replacing the reference to ``310 IAC 12-5-129'' with a reference to

``310 IAC 12-5-128.3.'' Existing paragraphs (4)(i) through (4)(vii)

were changed to paragraphs (5)(A) through (5)(G).

Existing paragraphs (5) through (8) were changed to paragraphs (6)

through (9) with minor wording changes.

3. 310 IAC 12-3-110 Public Availability of Information. Minor

wording changes were made to subsections (a) through (e). New

subsection (f) was added as follows:

Information on the nature and location of archaeological

resources on public and Indian land, as required under the

Archaeological Resources Protection Act of 1979 (Pub. L. 96-95, 93

Stat. 721, 16 U.S.C. 470), is confidential.

Existing subsection (f) was changed to (g) and revised by adding

``confidential information'' as one of the types of information for

which a person can oppose or seek disclosure.

4. 310 IAC 12-5-32 Surface Mining Stream Buffer Zones. Subsection

(a) is revised as follows:

(a) No land within one hundred (100) feet of a perennial stream

or an intermittent stream shall be disturbed by surface mining

activities, unless the director specifically authorizes surface

mining activities closer to or through such a stream. The director

may authorize such activities only upon finding that: (1) Surface

mining activities will not cause or contribute to the violation of

applicable state or federal water quality standards, and will not

adversely affect the water quantity and quality or other

environmental resources of the stream; and (2) if there will be a

temporary or permanent stream-channel diversion, it will comply with

sections 18 through 19 of this rule.

Subsection (b) was revised by replacing the word ``marked'' with

the language ``the operator shall mark it.''

5. 310 IAC 12-5-97 Underground Mining Stream Buffer Zones.

Subsection (a) is revised as follows:

(a) No land within one hundred (100) feet of a perennial stream

or an intermittent stream shall be disturbed by underground mining

activities, unless the director specifically authorizes underground

mining activities closer to or through such a stream. The director

may authorize such activities only upon finding that: (1)

underground mining activities will not cause or contribute to the

violation of applicable state or federal water quality standards,

and will not adversely affect the water quantity and quality or

other environmental resources of the stream; and (2) if there will

be a temporary or permanent stream-channel diversion, it will comply

with sections 84 through 85 of this rule.

Subsection (b) was revised by replacing the word ``marked'' with

the language ``the operator shall mark it.''

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.

[[Page 16725]]

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 April 21, 1998. 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 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 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 exiting 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

assumption for the counterpart Federal regulations.

Unfunded Mandates

OSM has determined and certifies pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, state, or

tribal governments or private entities.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 27, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-8892 Filed 4-3-98; 8:45 am]

BILLING CODE 4310-05-M