Indiana Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-145-FOR; State Program Amendment No. 98-1]

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 (Indiana program) under the Surface Mining

Control and Reclamation Act of 1977 (SMCRA). Indiana proposes reference

changes in its rules for surface mining permit applications, geology

description; underground mining permit applications, geology

description; and permit applications, public participation. Indiana

also proposes to add a new provision to its rule for surface mining

permit applications, postmining land uses. 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 will be followed for

the public hearing, if one is requested.

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

26, 1999. If requested, we will hold a public hearing on the amendment

on April 19, 1999. We will accept requests to speak at the hearing

until 4:00 p.m., e.s.t. on April 9, 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

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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, 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. 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, and 914.16.

II. Description of the Proposed Amendment

By letter dated March 8, 1999 (Administrative Record No. IND-1633),

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

the amendment its own initiative. Indiana proposes to amend the Indiana

Administrative Code (IAC) at 310 IAC 12-3 as discussed below.

1. 310 IAC 12-3-31 Surface Mining Permit Applications; Geology

Description

At 310 IAC 12-3-31(a)(3), Indiana proposes to replace a reference

to ``IC 13-4.1'' with a reference to ``IC 14-34.'' At 310 IAC 12-3-

31(c), Indiana proposes to replace a reference to ``this rule'' with a

reference to ``this article.''

2. 310 IAC 12-3-48 Surface Mining Permit Applications; Reclamation and

Operations Plan; Postmining Land Uses

Indiana proposes to revise this rule by adding a new provision at

310 IAC 12-3-48(a)(3) to require the detailed description of the

proposed land use to explain ``[t]he consideration given to making all

of the proposed surface mining activities consistent with surface owner

plans and applicable state and local land use plans and programs.''

3. 310 IAC 12-3-69 Underground Mining Permit Applications; Geology

Description

At 310 IAC 12-3-69(a)(3) and 12-3-69(c)(3), Indiana proposes to

replace references to ``this rule'' with references to ``this

article.'' At 310 IAC 12-3-69(d), Indiana proposes to replace a

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

and (b)(3).''

4. 310 IAC 12-3-106 Permit Applications; Public Participation

At 310 IAC 12-3-106(a)(8), Indiana proposes to replace a reference

to ``section 94'' with a reference to ``section 94.1.''

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

April 9, 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 adequate responses and

appropriate questions. The public hearing will continue on the

specified date until all persons scheduled to speak have been heard. 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 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. 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.

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)).

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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: March 17, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-7227 Filed 3-24-99; 8:45 am]

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