Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-140-FOR; State Program Amendment No. 98-4]

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). Indiana proposed additions of rules concerning blaster

certification. Indiana intends to revise its program to improve

operational efficiency.

EFFECTIVE DATE: October 26, 1999.

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

Indianapolis Field Office, Office of

[[Page 57566]]

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 July 1, 1999 (Administrative Record No. IND-1659),

Indiana sent us an amendment to its program under SMCRA. This amendment

replaces State Program Amendment No. 94-6, which we approved in the

March 10, 1995, Federal Register (60 FR 13038). Indiana sent the

amendment, which amends the Indiana Administrative Code (IAC), at its

own initiative.

We announced receipt of the amendment in the July 15, 1999, Federal

Register (64 FR 38165). In the same document, we opened the public

comment period and provided an opportunity for a public hearing or

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

closed on August 16, 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.

A. Withdrawal of Previously Approved Amendment

Indiana notified us in its letter dated July 23, 1997

(Administrative Record No. IND-1578), that the statutory time frame for

approving State Program Amendment No. 94-6 had expired prior to final

approval. We approved this amendment, dated December 7, 1994

(Administrative Record No. IND-1416), on March 10, 1995 (60 FR 13038).

Since Indiana did not adopt the amendment, we are removing our approval

and amending 30 CFR 914.15 to reflect this decision.

B. 310 IAC 12-8-4.1, Application for Certification

Indiana proposed to add this section to require persons wishing to

become certified blasters to submit an application for certification to

the department. The application must be in writing, on forms supplied

by the department, and completed in accordance with the application

instructions. If an application form is incomplete, the department will

notify the applicant of the deficiencies. The applicant will then have

thirty days to provide the required information. If the applicant does

not provide the required information, the department will terminate the

application. The director or an authorized representative may verify

the information shown on the application. Finally, if the department

terminates the application, the applicant will not be considered for

certification. However, the applicant may submit a new application at

any time.

Federal regulations at 30 CFR 850.15(a) require regulatory

authorities to certify for a fixed period those candidates qualified to

accept responsibility for blasting operations. We find that the

proposed regulations at 310 IAC 12-8-4.1 are consistent with the

Federal regulations at 30 CFR 850.15(a).

C. 30 IAC 12-8-8.1, Renewal

Indiana proposed to add this section to require a certified blaster

to renew his or her certification every three years. The request for

renewal must be submitted to the department in writing, on forms

supplied by the department, within thirty days prior to expiration of

the certificate. The department will approve the renewal request if the

certified blaster has worked at least twelve months of the preceding

thirty-six as a certified blaster and is not in violation of 310 IAC

12-8-9. If the certified blaster does not renew his or her

certification within one year after expiration, the certificate will no

longer be renewable. A blaster must then submit a new application for

certification. The department will send a renewal notice to each

registrant at least two months before expiration of certification.

Finally, the renewal notice and all other communications will be sent

to the last address the registrant gave to the department. Failure to

receive a renewal notice does not relieve the certified blaster of the

obligation to renew his or her certification.

Federal regulations at 30 CFR 850.15(c) allow a regulatory

authority to require periodic reexamination, training, or other

demonstration of continued blaster competency. The proposed regulations

at 310 IAC 12-8-8.1 are consistent with the Federal regulations at 30

CFR 850.15(c). Therefore, we approve them.

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-1660).

By letter dated July 19, 1999 (Administrative Record No. IND-1661), the

Mine Safety and Heath Administration (MSHA) responded to our request by

stating that Indiana's amendment does not conflict with MSHA

regulations or policies.

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.). 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-1660). The EPA

did not respond to our request.

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 July 8, 1999, we requested comments on Indiana's

amendment (Administrative Record No. IND-1660), but neither responded

to our request.

V. Director's Decision

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

by

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Indiana on July 1, 1999. We approve the rules that Indiana proposed

with the provision that they be published 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.

For reasons discussed in finding III.A., we are also amending 30

CFR Part 914 by removing the approval of an amendment that Indiana

submitted on December 7, 1994.

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 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: October 6, 1999.

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 removing the entry for

``Original amendment submission date'' of December 7, 1994, and 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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July 1, 1999......................... October 26, 1999............. 310 IAC 12-8-4.1; -8.1.

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[FR Doc. 99-27846 Filed 10-25-99; 8:45 am]

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