Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-129-FOR; State Program Amendment No. 98-2]

Indiana Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

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

hearing.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)

is announcing receipt of a proposed amendment to the Indiana regulatory

program (Indiana program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Indiana proposes revisions to its

rules concerning permitting, collateral bonds, performance bond

release, and citizen's request for state inspections. The revisions

mostly relate to public participation and administrative requirements.

Indiana intends to revise its program to be consistent with the

corresponding Federal regulations.

This document gives the times and locations that the Indiana

program and amendment to that program are available for your

inspection, the comment period during which you may submit written

comments on the amendment, and the procedures that we will follow for

the public hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., e.s.t., June

21, 1999. If requested, we will hold a public hearing on the amendment

on June 14, 1999. We will accept requests to speak at the hearing until

4:00 p.m., e.s.t. on June 4, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to Andrew R. Gilmore, Director,

Indianapolis Field Office, at the address listed below.

You may review copies of the Indiana program, the amendment, a

listing of any scheduled public hearings, and all written comments

received in response to this document at the addresses listed below

during normal business hours, Monday through Friday, excluding

holidays. You may receive one free copy of the 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, Bureau of Mine

Reclamation, 402 West Washington Street, Room W-295, Indianapolis,

Indiana 46204, Telephone: (317) 232-1291.

Indiana Department of Natural Resources, Division of Reclamation,

R.R. 2, Box 129, Jasonville, Indiana 47438-9517, Telephone: (812) 665-

2207.

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

Indianapolis Field Office. Telephone: (317) 226-6700. Internet:

[email protected]

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

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

approved the Indiana program. You can find background information on

the Indiana program, including the Secretary's findings, the

disposition of comments, and the conditions of approval in the July 26,

1982, Federal Register (47 FR 32107). You can find later actions on the

Indiana program at 30 CFR 914.10, 914.15, 914.16, and 914.17.

II. Description of the Proposed Amendment

By letter dated May 7, 1999 (Administrative Record No. IND-1647),

the Indiana Department of Natural Resources (IDNR) sent us an amendment

to the Indiana program under SMCRA. The IDNR sent the amendment at its

own initiative. The IDNR proposes to amend the Indiana Administrative

Code (IAC) at 310 IAC 12-3, 12-4, and 12-6. Below is a summary of the

changes proposed by Indiana. The full text of the proposed program

amendment is available for your inspection at the locations listed

above under ADDRESSES.

1. 310 IAC 12-3-109 Permit Applications; Informal Conferences

Section 109 of the Indiana rules at 310 IAC 12-3 contains the

administrative requirements and public participation aspects for

informal conferences relating to permit applications.

a. The IDNR revised the first sentence of subsection (a) to read as

follows:

Any person having an interest that is or may be adversely

affected by the decision on the application or an officer or a head

of a federal, state, or local government agency or authority may

request, in writing, that the director hold an informal conference

on the application for a permit, significant revision to the permit,

or renewal of a permit.

b. The IDNR revised subsection (a)(3) to require a person

requesting an informal conference to file the request with the director

of IDNR no later than thirty (30) days after the last publication of

the newspaper advertisement required under section 106(a) of this rule.

c. The IDNR revised subsection (b)(1) to require that the informal

conference be held in the locality of the proposed surface coal mining

and reclamation operation if requested under subsection (a)(2).

d. The IDNR revised subsection (b)(2) to require the director of

IDNR to send the date, time, and location of the informal conference to

the applicant and other parties to the conference. The director must

also advertise this information in a newspaper of general circulation

in the locality of the proposed surface coal mining and reclamation

operation at least two weeks before the scheduled conference.

e. The IDNR revised subsection (b)(3) to allow the director of IDNR

to arrange with the applicant ``access to the proposed permit area,

and, to the extent that the applicant has the right to grant access to

it, to the adjacent area prior to the established date of the

conference.''

f. The IDNR added the following new sentence to subsection (b)(4):

The requirements of IC 4-21.5-3 shall not apply to the conduct

of the informal conference.

g. The IDNR revised subsection (c) to read as follows:

If all parties requesting the informal conference withdraw their

request before the conference is held, the informal conference may

be canceled.

h. The IDNR revised subsection (d) to read as follows:

Informal conferences held in accordance with this section may be

used by the director as the public hearing required under 310 IAC

12-2-2(e) on proposed relocation or closing of public roads.

2. 310 IAC 12-3-114 Permit Applications; Permit Approval or Denial

Actions

Section 114 of the Indiana rules at 310 IAC 12-3 contains the

requirements relating to the actions the director of IDNR must take in

approving or denying permit applications.

a. To comply with the formatting guidelines of the Indiana

Legislative Services Agency and with recodification of the Indiana

Code, the IDNR made citation reference changes in subsections (b)(1)

and (b)(2). At subsection (b)(1), the IDNR replaced the existing

reference to ``subsection (b)(2)'' with a reference to ``subdivision

(2).'' At subsection (b)(2), the IDNR replaced the existing reference

to ``IC 13-4.1'' with a reference to ``IC 14-34.''

b. The IDNR revised subsection (e)(1) to require the director of

IDNR to give a copy of the permit application decision to the local OSM

office.

3. 310 IAC 12-3-115 Permit Applications; Permit Terms

Section 115 of the Indiana rules at 310 IAC 12-3 contains

requirements relating to permit terms. It requires the director of IDNR

to issue all permits for a term not to exceed five years except under

certain conditions. It also requires permittees to begin mining within

three years of permit issuance except under certain conditions.

The IDNR revised subsection (b) by requiring permittees to submit a

written

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statement showing that an extension of time for commencement of

operations is necessary.

4. 310 IAC 12-4-12 Collateral Bonds

Section 12 of the Indiana rules at 310 IAC 12-4 contains the

conditions for using collateral bonds as performance bonds to guarantee

reclamation of mined lands. The IDNR revised section 12 by adding new

subsection (c) as follows:

Persons with an interest in collateral posted as bond, and who

desire notification of actions pursuant to the bond, shall request

the notification, in writing, to the director at the time the

collateral is offered.

5. 310 IAC 12-4-16 Performance Bond Release

Section 16 of the Indiana rules at 310 IAC 12-4 contains

requirements and conditions that a permittee must meet when filing a

request for release of the performance bond or deposit used to

guarantee reclamation of mined land.

a. To comply with the recodification of the Indiana Code, the IDNR

made citation reference changes in subsections (c), (c)(2), and

(c)(3)(A). The IDNR replaced the existing reference to ``IC 13-4.1''

with a reference to ``IC 14-34.''

b. The IDNR revised subsection (d) to read as follows:

If the director disapproves the application for release of the

bond or portion thereof, the director shall notify the permittee,

the surety, and any person with an interest in collateral as

provided for in section 12 of this rule, in writing, stating the

reason for disapproval and recommending corrective actions necessary

to secure the release and allowing an opportunity for a public

hearing.

6. 310 IAC 12-6-2 Citizen's Request for State Inspections

Section 2 of the Indiana rules at 310 IAC 12-6 contains

requirements relating to inspections conducted as a result of

information received from any person that gives the director of IDNR

reason to believe that an operation is in violation.

a. At subsection (a), the IDNR replaced the citation references to

``IC 13-4.1 and 310 IAC 12'' with references to ``IC 14-34 and this

article.''

b. The IDNR revised section 2 by adding new subsection (e) to read

as follows:

The identify of any person supplying information to the director

relating to a possible violation or imminent danger or harm shall

remain confidential with the director, if requested by that person,

unless: (1) that person elects to accompany the inspector on the

inspection; or (2) disclosure is required under IC 5-14-3.

III. Public Comment Procedures

Under the provisions of 30 CFR 732.17(h), we are requesting

comments on whether the amendment satisfies the applicable program

approval criteria of 30 CFR 732.15. If we approve the amendment, it

will become part of the Indiana program.

Written Comments

Your written comments should be specific and pertain only to the

issues proposed in this rulemaking. You should explain the reason for

any recommended change. In the final rulemaking, we will not

necessarily consider or include in the Administrative Record any

comments received after the time indicated under DATES or at locations

other than the Indianapolis Field Office.

Public Hearing

If you wish to speak at the public hearing, contact the person

listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on

June 4, 1999. We will arrange the location and time of the hearing with

those persons requesting the hearing. If you are disabled and need

special accommodations to attend a public hearing, contact the

individual listed under FOR FURTHER INFORMATION CONTACT. The hearing

will not be held if no one requests an opportunity to speak at the

public hearing.

You should file a written statement at the time you request the

hearing. This will allow us to prepare responses and appropriate

questions. The public hearing will continue on the specified date until

all persons scheduled to speak have spoken. If you are in the audience

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

allowed to speak after those who have been scheduled. We will end the

hearing after all persons scheduled to speak and persons present in the

audience who wish to speak have spoken.

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. If you wish

to meet with us to discuss the amendment, request a meeting by

contacting the person listed under FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public and, if possible, we will post

notices of meetings at the locations listed under ADDRESSES. We also

make a written summary of each meeting a part of the Administrative

Record.

IV. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior conducted the reviews required by

section 3 of Executive Order 12988 (Civil Justice Reform) and

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 State regulatory

programs and program amendments 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

This rule does not require an environmental impact statement since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on 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. Therefore, this rule will ensure that existing requirements

previously published by OSM will be implemented

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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

OSM has determined and certifies under 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: May 13, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-12645 Filed 5-19-99; 8:45 am]

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