[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Proposed Rules]
[Pages 1549-1551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-647]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 914
[SPAT No. IN-133-FOR; Amendment No. 95-11]
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 the Indiana Surface Coal
Mining and Reclamation Act (ISMCRA) as enacted by the Indiana General
Assembly (1995) in House Enrolled Act 1575 (HEA 1575). The proposed
amendment concerns unanticipated events or conditions, lands eligible
for remining, and surface and underground tonnage fees. The amendment
is intended to revise the Indiana program to be consistent with SMCRA
and to incorporate State initiatives.
DATES: Written comments must be received by 4:00 p.m., e.s.t., February
21, 1996. If requested, a public hearing on the proposed amendment will
be held on February 13, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., e.s.t., on February 6, 1996
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Mr. Roger W. Calhoun, 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.
Roger W. Calhoun, Director, Indianapolis Field Office, Office of
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, Room 301, Indianapolis, Indiana 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: Roger W. Calhoun, 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. Background 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
914.10, 914.15, and 914.16.
II. Description of the Proposed Amendment
By letter dated September 11, 1995 (Administrative Record No. IND-
109), Indiana submitted a proposed amendment to its program pursuant to
SMCRA. Indiana submitted the proposed amendment at its own initiative.
HEA 1575 amends ISMCRA by adding new sections and revising existing
sections to recodified Indiana Code (IC) 14-8 and 14-34. The proposed
amendment concerns unanticipated events or conditions, lands eligible
for remining, and surface and underground tonnage fees. The
recodification of the current provisions of ISMCRA is proposed in
Indiana's Regulatory Program Amendment No. 95-10, and it will be
discussed in a separate proposed rule.
1. IC 14-8-2-144.5 Lands Eligible for Remining
Indiana proposed to add the following definition for lands eligible
for remining at IC 14-8-2-144.5
[[Page 1550]]
``Lands eligible for remining'', for purposes of IC 14-34, means
those lands that are eligible for funding under: (1) IC 14-34-19; or
(2) Section 402(g)(4) of the Federal Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(g)(4)).
2. IC 14-8-2-285.5 Unanticipated Event or Condition
Indiana proposes to add the following definition for unanticipated
event or condition at IC 14-8-2-285.5.
``Unanticipated event or condition'', for purposes of IC 14-34-
4, means an event or condition that: (1) is encountered in a
remining operation; and (2) was not contemplated by the applicable
surface coal mining and reclamation permit.
3. IC 14-34-2-4 Responsibilities of the Director
Indiana proposes to amend recodified IC 14-34-2-4 [previously IC
13-4.1-2-2(b)] by adding new paragraph (7) to subsection (a) and adding
new subsection (b) to read as follows.
(7) Submit to the federal Office of Surface Mining a formal
state program amendment, subject to subsection (b).
(b) The director may submit a formal amendment to the state
program for the regulation of surface coal mining and reclamation to
the federal Office of Surface Mining only after the provisions of
the amendment: (1) have been approved by the governor; or (2) have
become law.
4. IC 14-34-4-8.5 Permit Findings
Indiana proposes to add the following new section at IC 14-34-4-
8.5.
The: (1) finding required by section 7(a)(6) of this chapter;
and (2) prohibition on the issuance of a permit in section 8 of this
chapter; do not apply to a violation resulting from an unanticipated
event or condition at a surface coal mining operation on lands
eligible for remining under a permit held by the applicant.
5. IC 14-34-4-10.5 Permit Application Requirement
Indiana proposes to add the following new section at IC 14-34-4-
10.5.
(a) A person who submits an application for a permit or for the
revision or renewal of a permit under this article shall, to the
extent not otherwise addressed in the permit application, make a
good faith effort to identify potential problems that may result in
an unanticipated event or condition.
(b) An event or condition that arises despite substantial
adherence to the applicable operation and reclamation plan may be
considered unanticipated if it was not identified in the application
for the governing permit.
6. IC 14-34-10-2(b)(23) Revegetation Requirement
Indiana proposes to amend recodified IC 14-34-10-2(b)(23)
[previously IC 13-4.1-8-1(20)] by adding the words ``as follows'' after
the phrase ``Assume the responsibility for successful revegetation, as
required by subdivision (22)'' and by adding two subparagraphs (A) and
(B). Subparagraph (A) contains the previous provision pertaining to a
five-year responsibility period, and Indiana clarified this provision
by adding an introductory phrase, ``On lands not eligible for
remining.'' Subparagraph (B) contains the following new provision for
lands eligible for remining.
(B) On lands eligible for remining, for two (2) full years after
the last year of augmented seeding, fertilizing, irrigation, or
other work in order to ensure compliance with subdivision (22).
7. IC 14-34-13-1 Reclamation Fee Requirement for Surface Coal Mining
Operations
Indiana proposes to amend recodified IC 14-34-13-1 [previously IC
13-4.1-3-2(b)] by (1) removing the language ``Notwithstanding any other
fees paid before July 1, 1991, until July 1, 1995,''; (2) adding the
word ``surface'' before the word ``coal'' in the first sentence; and
(3) by changing the reclamation fee from five and one-half cents
($0.055) to three cents ($0.03) per ton of coal produced.
8. IC 14-34-13-2 Reclamation Fee Requirement for Underground Coal
Mining Operations
Indiana proposes to amend recodified IC 14-34-13-2 [previously IC
13-4.1-3-2(c) by adding new subsection (a) and by revising the existing
language and designating it as subsection (b).
a. The following new provision was added at subsection
(a).
Except as provided in subsection (b), all operators of
underground coal mining operations subject to this article shall pay
to the department for deposit in the natural resources reclamation
division fund established by IC 14-34-14-2 a reclamation fee of two
cents ($0.02) per ton of coal produced.
b. At subsection (b), the language ``Until July 1, 1995,'' is
removed from the beginning of the first sentence, and the word
``that:'' is added after the word ``operations.'' At subsection (b)(1),
the word ``with'' is removed and replaced with the word ``have.'' At
subsection (b)(2), the word ``who'' is removed.
9. IC 14-34-19-2 Abandoned Mines
Indiana proposes to amend recodified IC 14-34-19-2 [previously IC
13-4.1-15-2] by designating the existing language as subsection (a) and
by adding new subsection (b). New subsection (b) reads as follows:
Surface coal mining operation on lands eligible for remining do
not affect the eligibility of the lands for reclamation and
restoration under this chapter after the release of the bond or
deposit for the operation under IC 14-34-6.
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.
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 [February 6, 1996]. The location and time of the hearing
will be arranged with those persons requesting the hearing. 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.
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.
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
[[Page 1551]]
to meet the 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, notice 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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (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 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
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 existing 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
assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 9, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-647 Filed 1-19-96; 8:45 am]
BILLING CODE 4310-05-M
