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: Final rule; approval of amendment.

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

is approving an amendment to the Indiana regulatory program (Indiana

program) under the Surface Mining Control and Reclamation Act of 1977

(SMCRA). The Indiana Department of Natural Resources (IDNR) proposed

revisions to the Indiana program rules pertaining to permitting,

collateral bonds, performance bond release, and citizen's request for

state inspection. The revisions mainly relate to the public

participation and administrative requirements of these rules. Indiana

intends to revise its program to be consistent with the corresponding

Federal regulations.

EFFECTIVE DATE: August 12, 1999.

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

Indianapolis Field Office, Office of Surface Mining, Minton-Capehart

Federal Building, 575 North Pennsylvania Street, Room 301,

Indianapolis, Indiana 46204-1521. Telephone (317) 226-6700. Internet:

[email protected]

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. 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. Submission of the Proposed Amendment

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

the IDNR sent us an amendment to the Indiana program under SMCRA. The

IDNR sent the amendment at its own initiative. The IDNR proposed to

amend the Indiana Administrative Code (IAC) at 310 IAC 12-3, 12-4, and

12-6 regarding permit applications, collateral bonds, performance bond

release, and citizen's request for state inspection.

We announced receipt of the amendment in the May 20, 1999, Federal

Register (64 FR 27484). In the same document, we opened the public

comment period and provided an opportunity for a public hearing or

[[Page 43912]]

meeting on the adequacy of the amendment. The public comment period

closed on June 21, 1999. Because no one requested a public hearing or

meeting, we did not hold one.

III. Director's Findings

Following, under SMCRA and the Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning the amendment.

1. Revisions to Indiana's Rules That Are Minor

The IDNR proposed minor wording, editorial, punctuation,

grammatical, and recodification changes to the previously-approved

State rules listed in the table below:

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Topic State rule Federal regulation

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Permit Approval or Denial Actions...... 310 IAC 12-3-114(b)....... 30 CFR 773.15(a).

Permit Approval or Denial Actions...... 310 IAC 12-3-114(f)....... 30 CFR 773.19(b)(2).

Collateral Bonds....................... 310 IAC 12-4-12(b)(4), 30 CFR 800.21(b).

(b)(6)(A)(ii).

Performance Bond Release............... 310 IAC 12-4-16(a), (c)... 30 CFR 800.40(a), (c).

Citizen's Request for State Inspections 310 IAC 12-6-2(a), (b), 30 CFR 842.12(a), (c).

(c).

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Because the proposed changes to the State rules listed above are

minor, we find that they will not make the Indiana rules less effective

than the counterpart Federal regulations.

2. Revisions to Indiana's Rules That Have the Same Meaning as the

Corresponding Provisions of the Federal Regulations.

The State rules listed in the table below contain language that is

the same as or similar to the corresponding sections of the Federal

regulations. Differences between the State rules and the Federal

regulations are minor.

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Topic State rule Federal regulation

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Permit Applications; Informal 310 IAC 12-3-109(a)....... 30 CFR 773.13(c)(1).

Conferences.

Permit Applications; Informal 310 IAC 12-3-109(b)....... 30 CFR 773.13(c)(2).

Conferences.

Permit Applications; Informal 310 IAC 12-3-109(c)....... 30 CFR 773.13(c)(3).

Conferences.

Permit Applications; Informal 310 IAC 12-3-109(d)....... 30 CFR 773.13(c)(4).

Conferences.

Permit Terms........................... 310 IAC 12-3-115(b)....... 30 CFR 773.19(e).

Collateral Bonds....................... 310 IAC 12-4-12(c)........ 30 CFR 800.21(f).

Performance Bond Release............... 310 IAC 12-4-16(d)........ 30 CFR 800.40(d).

Citizen's Request for State Inspections 310 IAC 12-6-2(e)......... 30 CFR 842.12(b).

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Because the above State rules have the same meaning as the

corresponding Federal regulations, we find that they are no less

effective than the Federal regulations.

3. 310 IAC 12-3-114(e) Notification of Permit Approval or Denial

Actions

The IDNR revised 310 IAC 12-3-114(e)(1) to require the director of

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

office. This is consistent with the Federal regulation at 30 CFR

773.19(b)(3) that requires a State regulatory authority to issue

written notification of the permit application decision to the local

OSM office. With this revision, the Indiana rules at 310 IAC 12-3-

114(c) through (f) are no less effective than the Federal regulation at

30 CFR 773.19(b).

IV. Summary and Disposition of Comments

Public Comments

OSM requested public comments on the proposed amendment, but did

not receive any.

Federal Agency Comments

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from various Federal agencies with an actual or potential

interest in the Indiana program (Administrative Record No. IND-1648).

By letter dated June 8, 1999, the Mine Safety and Health Administration

(MSHA) commented that the proposed rules do not conflict with MSHA

regulations (Administrative Record No. IND-1655).

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), we are required to get a written

agreement from the EPA for those provisions of the program amendment

that relate to air or water quality standards issued 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.). However, none of the revisions that

Indiana proposed to make in this amendment pertain to air or water

quality standards. Therefore, we did not ask the EPA to agree on the

amendment.

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from the EPA (Administrative Record No. IND-1648). By letter

dated May 21, 1999, the EPA commented that it had reviewed the proposed

program amendment and had no comments to offer (Administrative Record

No. IND-1651).

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Under 30 CFR 732.17(h)(4), we are required to request comments from

the SHPO and ACHP on amendments that may have an effect on historic

properties. On May 13, 1999, we requested comments on Indiana's

amendment (Administrative Record No. IND-1648), but neither responded

to our request.

V. Director's Decision

Based on the above findings, we approve the amendment as sent to us

by Indiana on May 7, 1999. We approve the rules that Indiana proposed

with the provision that they be promulgated in identical form to the

rules submitted to and reviewed by OSM and the public.

To implement this decision, we are amending the Federal regulations

at 30 CFR Part 914, which codify decisions concerning the Indiana

program. We are making this final rule effective immediately to

expedite the State program amendment process and to encourage Indiana

to bring its program into conformity with the Federal standards. SMCRA

requires consistency of State and Federal standards.

[[Page 43913]]

VI. 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 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 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 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: July 28, 1999.

Charles E. Sandberg,

Acting 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 of final

date publication Citation/description

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* * * *

* * *

May 7, 1999................... August 12, 1999.. 310 IAC 12-3-109(a)

through (d); 12-3-

114(b), (e), and

(f); 12-3-115(b); 12-

4-12(b)(4),

(b)(6)(A)(ii), and

(c); 12-4-16(a),

(c), and (d); 12-6-

2(a), (b), (c), and

(e).

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[FR Doc. 99-20839 Filed 8-11-99; 8:45 am]

BILLING CODE 4310-05-P