[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Proposed Rules]
[Pages 1551-1556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-648]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 914
[SPAT No. IN-134-FOR; Amendment No. 95-12]
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 Senate Enrolled Act 125 (SEA 125). The proposed
amendment concerns the submittal of affected area status reports and
performance bonding. 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-
1510), Indiana submitted a proposed amendment to its program pursuant
to SMCRA. Indiana submitted the proposed amendment at its own
initiative. SEA 125 amends ISMCRA by adding new sections and revising
existing sections, concerning affected area status reports and
performance bonding, to recodified Indiana Code (IC) 14-8 and 14-34.
The recodification of the current provisions of ISMCRA is proposed in
Indiana's Regulatory Program Amendment No. 95-10, and it
[[Page 1552]]
will be discussed in a separate proposed rule.
A. Indiana Proposes to Add the Following Four Definitions at Recodified
IC 14-8 [previously IC 13-4.1-1-3]
1. IC 14-8-2-42.5 Definition of Collateral
``Collateral'', for purposes of IC 14-34-7, has the meaning set
forth in IC 14-34-7-0.5.
2. IC 14-8-2-49.5 Definition of Comparative Balance Sheet
``Comparative balance sheet'', for purposes of IC 14-34-7, has
the meaning set forth in IC 14-34-7-0.6.
3. IC 14-8-2-49.6 Definition of Comparative Income Statement
``Comparative income statement'', for purposes of IC 14-34-7,
has the meaning set forth in IC 14-34-7-0.7.
4. IC 14-8-2-274.5 Definition of Surface Mining Control and
Reclamation Act
``Surface Mining Control and Reclamation Act'', for purposes of
IC 14-34-7, has the meaning set forth in IC 14-34-7-2.5.
B. IC 14-34-5-10 Affected Area Status Reports
Indiana proposes to amend recodified IC 14-34-5-10 [previously IC
13-4.1-5-7] to read as follows.
A permittee must submit to the department an annual report that
reflects the status of the permittee's mining and reclamation
activities for each permit. The form, content, and date of filing of
the report required by this section shall be prescribed by rule
adopted under IC 4-22-2.
C. Indiana Proposes to Add the Following New Sections Pertaining to
General Requirements of Performance Bonding at Recodified IC 14-34-6
[Previously IC 13-4.1-6]
1. IC 14-34-6-14.3
The director may release the bond, deposit, or letter of credit
covering an area that has not been disturbed by surface coal mining
activities. A release under this subsection is not subject to the
public notice and hearing requirements set forth in sections 7
through 14 of this chapter.
2. IC 14-34-6-14.6
(a) This section applies when an applicant or permittee submits
a bond, deposit, or letter of credit covering an area that: (1) has
been disturbed by surface coal mining activities; and (2) is covered
by another bond, deposit, or letter of credit previously submitted
by another permittee.
(b) Except as provided in subsection (c), in a situation
described in subsection (a): (1) The bond, deposit, or letter of
credit previously submitted shall be released when the director
accepts the bond deposit or letter of credit submitted by the
applicant or permittee; and (2) the bond, deposit, or letter of
credit submitted by the applicant or permittee: (A) is subject to
the standards set forth in sections 7 through 14 of this chapter;
and (B) may not be released under section 14.3 of this chapter.
(c) If two (2) or more persons who are applicants or permittees
each file a bond, deposit, or letter of credit covering the same
area, the persons may enter into a written agreement that allocates
responsibility among the persons for the reclamation of the area.
If the agreement is approved by the director, the agreement
governs the respective responsibilities of the persons for the
reclamation of the area.
D. Indiana Proposes To Add the Following Definition Sections Pertaining
to Self-Bonding at Recodified IC 14-34-7 [Previously IC 13-4.1-6.3]
1. IC 14-34-7-0.5 Definition of Collateral
As used in this chapter, ``collateral'' means the actual or
constructive deposit, as appropriate, with the director of one (1)
or more of the following types of property in support of a self-
bond:
(1) A perfected, first-lien security interest in favor of the
department of natural resources in real property located in Indiana
that meets the requirements of this chapter.
(2) Securities backed by the full faith and credit of the United
States government, or state government securities, that are: (A)
acceptable to; (B) endorsed to the order of; and (C) placed in the
possession of; the director.
(3) Personal property that is located in Indiana and owned by
the applicant, the market value of which is more than one million
dollars ($1,000,000) per property unit.
2. IC 14-34-7-0.6 Definition of Comparative Balance Sheet
As used in this chapter, ``comparative balance sheet'' means
item accounts from a number of the operator's successive yearly
balance sheets arranged side by side in a single statement.
3. IC 14-34-7-0.7 Definition of Comparative Income Statement
As used in this chapter, ``comparative income statement'' means
an operator's income statement amounts for a number of successive
yearly periods arranged side by side in a single statement.
4. IC 14-34-7-2.5 Definition of Surface Mining Control and Reclamation
Act
As used in this chapter, ``Surface Mining Control and
Reclamation Act'' means the federal Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
E. IC 14-34-7-1 Definition of Liabilities
Indiana proposes to amend recodified IC 14-34-7-1 [previously IC
13-4.1-6.3-5] by adding the following exclusion statement to the end of
the definition.
The term does not include amounts that are required to be
recorded for financial accounting purposes under Statement of
Financial Accounting Standards number 106 issued by the Financial
Accounting Standards Board and effective December 1990.
F. Indiana Proposes To Amend Recodified IC 14-34-7-4 [Previously IC 13-
4.1-6.3-2, 3, 4, and 8] by Revising Existing Subsections as Follows
1. IC 14-34-7-4(b) [Was IC 13-4.1-6.3-3] Definition of Current
Liabilities
(b) As used in this section, ``current liabilities'' means: (1)
obligations that are reasonably expected to be paid or liquidated
within one (1) year or within the normal operating cycle of the
business; plus (2) dividends payable on preferred stock within: (A)
one (1) quarter, if declared; or (B) one (1) year, if a pattern of
declaring dividends each quarter is apparent from past business
practice.
2. IC 14-34-7-4(d) [Was IC 13-4.1-6.3-8] Conditions For Self-Bonding
a. At subsection (d), the language ``Subject to subsection (f)''
was added at the beginning of the introductory sentence and the
language ``at the time the self-bond is accepted'' was added at the end
of this sentence.
b. New paragraphs (3) through (6) were added to IC 14-34-7-4(d) to
read as follows:
(3) The applicant is not subject to any outstanding cessation
order issued under IC 13-4.1-11-5 (before its repeal), IC 14-34-15-
6, or the Surface Mining Control and Reclamation Act.
(4) The applicant does not owe any civil penalties under IC 13-
4.1-12 (before its repeal), IC 14-34-16, or the Surface Mining
Control and Reclamation Act.
(5) The applicant does not owe any fees under this article, IC
13-4.1 (before its repeal), or the Surface Mining Control and
Reclamation Act, and is not delinquent in the payment of any fees or
civil penalties.
(6) The applicant's permit has never been suspended under this
article or IC 13-4.1 (before its repeal), and the applicant is not
listed on the Applicant Violator System (AVS).
c. IC 14-34-7-4(d)(7). Existing IC 13-4.1-6.3-8(3) was redesignated
as IC 14-34-7-4(d)(7) and the introductory sentence was revised by
changing the work ``show'' to ``demonstrate,'' by changing the word
``meets'' to ``satisfies,'' and by adding the phrase ``at least''
before the word ``one.'' The following subparagraphs were also revised.
The following additional requirement was added at IC 14-34-7-
4(d)(7)(A).
[[Page 1553]]
The applicant must identify the rating service used by the
applicant and provide any additional relevant information concerning
how the serve arrived at the specific ratings.
The following additional requirement was added at IC 14-34-7-
4(d)(7)(B).
The ratio requirements set forth in this clause must be met for
the year immediately preceding the application, and must be
documented for the four (4) years preceding the application. An
explanation shall be included for any year in which the ratios of
the applicant did not meet the requirements set forth in this
clause. The failure of an applicant to meet the ratio requirements
set forth in this clause for any of the four (4) years preceding the
application does not necessarily disqualify an applicant for self-
bonding under this chapter.
The following additional requirement was added at IC 14-34-7-
4(d)(7)(C).
The ratio requirements set forth in this clause must be met for
the applicant's fiscal year immediately preceding the application,
and must be documented for the four (4) years preceding the
application. An explanation shall be included for any year in which
the rations of the applicant did not meet the requirements set forth
in this clause. The failure of an applicant to meet the ration
requirements set forth in this clause for any of the four (4) years
preceding the application does not necessarily disqualify an
applicant for self-bonding under this chapter.
d. IC 14-34-7-4(d)(8). Existing IC 13-4.1-6.3-8(4) was redesignated
as IC 14-34-7-4(d)(8). New subparagraphs (C) and (D) were added and
existing subparagraph (C) was redesignated (E). New subparagraphs (C)
and (D) read as follows.
(C) Comparative financial data from a five (5) year period, that
must include a comparative income statement and a comparative
balance sheet.
(D) A statement listing: (i) every lien filed against any assets
of the applicant in any jurisdiction in the United States for an
amount that is more than two percent (2%) of the applicant's net
worth; (ii) every action pending against the applicant; (iii) every
judgment rendered against the applicant within the seven (7) years
preceding the application that remains unsatisfied and for an amount
that is more than two percent (2%) of the applicant's net worth; and
(iv) any petitions or actions in bankruptcy against the applicant,
including actions for reorganization.
3. IC 14-34-7-4(e), (f), and (g). Additional requirements for self-
bonding were added at new subsections (e), (f), and (g).
(e) If an applicant submits financial information to demonstrate
that the applicant satisfies the criteria set forth in subsection
(d)(7)(B) or (d)(7)(C), the two (2) ratios set forth in subsection
(d)(7)(B) or (d)(7)(C) shall be calculated with the proposed self-
bond amount included in the current liabilities or total liabilities
for the year of the application. The operator may deduct from the
total liabilities the costs currently accrued for reclamation that
appear on the balance sheet current in the year of the application.
(f) Notwithstanding subsection (d)(7), the director may not
accept a self-bond from an applicant unless the financial ratios of
the applicant are at least as favorable as those listed for the
medium performers in the Dun and Bradstreet listing of Industry
Norms and Key Business Ratios.
(g) Each lien, action, and petition listed under subsection
(d)(8)(E) must be identified by the named parties, the jurisdiction
in which the matter was filed, the case number, and the final
disposition or the current status of any action still pending.
G. IC 14-34-7-4.1 Replacement of Self-Bonds
Indiana proposes to add the following new requirements for
replacement of self-bonds at IC 14-34-7-4.1
(a) Before January 1, 1996, all self-bonds in effect on July 1,
1995, must be replaced in one (1) of the following ways: (1) The
self-bond may be replaced by another form of bond allowed under IC
13-4.1-6. (2) The self-bonded permittee may reapply for self-bonding
under this chapter.
(b) If the application of a permittee submitted under subsection
(a)(2) is not accepted, the permittee must replace its self-bond
with another form of bond allowed under IC 14-34-6.
H. IC 14-34-7-5 Corporate Guarantee
Indiana proposes to amend recodified IC 14-34-7-5 [previously IC
13-4.1-6.3-9] as follows.
1. New subsection (a) is added.
(a) A written guarantee accepted under this section is referred
to as a ``corporate guarantee''.
2. Existing subsection (a) is redesignated as subsection (b), and
the language ``at the time the self-bond is accepted'' is added after
the word ``if.'' Also, subsection (b)(2) is revised by changing the
word ``meets'' to ``satisfies,'' and replacing the reference to section
4(d)(4) with a reference to section 4(d)(8).
3. Existing subsection (b) is redesignated as subsection (c).
Subsection (c)(1) is revised by adding the language ``complete the
reclamation plan'' after the first reference to ``the guarantor
shall.'' Subsection (c)(3) is revised by replacing the language ``The
cancellation'' with the language ``A notice of cancellation of a
corporate guarantee.'' Also at subsection (c)(3)(A), Indiana is
requiring that for a replacement bond to be suitable, it must be
allowed under IC 13-4.1-6 (before its repeal) or IC 14-34-6.
I. IC 14-34-7-7 Indemnity Agreement Conditions
Indiana proposes to amend recodified IC 14-34-7-7 [previously IC
13-4.1-6.3-11] as follows.
1. The introductory sentence is revised by removing the language
``subject to the following'' and adding the requirement that the
indemnity agreement be submitted to the director. A second sentence
requiring the indemnity agreement to meet the following requirements is
added.
2. A new subsection IC 14-34-7-7(1) is added as follows.
(1) The indemnity agreement must provide in express terms that
the persons or parties bound by the agreement are liable to the
director for all costs incurred by the director: (A) in pursuing
forfeiture of any self-bonds posted by the permittee for whom the
indemnity agreement was submitted; and (B) in reclaiming those areas
at which the permittee for whom the indemnity agreement was
submitted retains excess monetary liability to the director under IC
14-34-6-16(c).
3. Existing subsections IC 14-34-7-7(1), (2), and (3) are
redesignated IC 14-34-7-7(2), (3), and (4), respectively, with only
minor language changes made to clarify the existing provisions.
4. Existing subsection IC 14-34-7-7(4) is redesignated IC 14-34-7-
7(5), and the language ``in default'' is removed and replaced with the
language ``as to which a bond has been forfeited for failure to
reclaim.''
5. A new subsection IC 14-34-7-7(6) is added as follows.
(6) All bonds and guarantees must be indemnified corporately and
personally by all principals.
J. IC 14-34-7-7.1 Use of Collateral to Support a Self-Bond
Indiana proposes to add the following new section at IC 14-34-7-
7.1.
(a) If an application for self-bonding is rejected based on the
information required by section 4 of this chapter or limitations set
forth in section 4 of this chapter, the applicant may offer
collateral (as defined in section 0.5 of this chapter) and an
indemnity agreement to support the applicant's self-bond
application. An indemnity agreement offered under this subsection is
subject to the requirements of section 7 of this chapter.
(b) The following information must be provided about collateral
offered under subsection (a) to support a self-bond: (1) The value
of the property. The property must be valued at the difference
between the fair market value of the property and reasonable
expenses the department anticipates incurring in selling the
property. The fair market value must be determined by an appraiser
proposed by the applicant. The director may reject an appraiser
proposed by the applicant. An appraisal of property must
[[Page 1554]]
be performed expeditiously and a copy of the appraisal must be
furnished to the director and the applicant. The applicant must pay
the cost of the appraisal. (2) A description of the property,
indicating that the property is satisfactory for deposit under this
section, and a statement of: (A) all liens, encumbrances, or adverse
judgments imposed on the property; and (B) any pending litigation
relating to the property.
(c) The director has full discretion in accepting collateral
offered under subsection (a) to support a self-bond.
(d) Real property offered as collateral under subsection (a) may
not include lands that are in the process of being mined or
reclaimed or lands that are the subject of an application under this
chapter. The operator may offer land that was formerly subject to a
bond if the bond has been released.
(e) Securities offered as collateral under subsection (a) may
include only securities that meet the definition of collateral set
forth in section 0.5 of this chapter.
(f) Personal property offered as collateral under subsection (a)
must be in the possession of the operator, must be unencumbered, and
may not include the following: (1) Property that is already being
used as collateral. (2) Goods that the operator sells in the
ordinary course of business (3) Fixtures. (4) Certificates of
deposit that are not federally insured or that are issued by a
depository that is unacceptable to the director.
(g) Evidence of ownership of property offered as collateral
under subsection (a) must be submitted in one(1) of the following
forms: (1) If the property offered is real property, the interest of
the applicant must be evidenced by a title certificate or similar
evidence of title and encumbrance prepared by an abstract office
that is: (A) authorized to transact business in Indiana; and (B)
satisfactory to the director. (2) If the property offered is a
security, the operator's interest must be evidenced by possession of
the original or a notarized copy of the certificate or a certified
statement of account from a brokerage house. (3) If the property
offered is personal property, evidence of ownership must be
submitted in a form that: (A) is satisfactory to the director; and
(B) affirmatively establishes unencumbered title to the property of
the operator.
(h) An applicant that offers personal property as collateral
under subsection (a), in addition to submitting the evidence
required by subsection (g), must satisfy the financial requirements
set forth in section 4(d)(7)(B) and 4(d)(7)(C) of this chapter.
(i) If the director accepts personal property from an applicant
as collateral under subsection (a), the director shall require the
following: (1) Quarterly and annual maintenance reports prepared by
the applicant. (2) A perfected, first lien security interest in the
property in favor of the department of natural resources. The
security interest must be perfected through: (A) the filing of a
financing statement; or (B) surrender of possession of the
collateral to the department under subsection (k).
(j) If the director accepts personal property from an applicant
as collateral under subsection (a), the director may require
quarterly or annual inspections of the personal property by a
qualified representative of the department.
(k) If the director accepts personal property form an applicant
as collateral under subsection (a), the director shall, as
applicable, require: (1) possession by the department of the
personal property; or (2) a mortgage or security agreement executed
by the applicant in favor of the department.
(l) The property interest conveyed under subsection (k) vests in
the department to secure the right and power to sell or otherwise
dispose of the property by public or private proceedings so as to
ensure reclamation of the affected lands in accordance with the
reclamation plan.
(m) A mortgage executed under subsection (k)(2) must be executed
and recorded so as to be first in time and constitute notice of the
interest of the department in the property to any prospective
subsequent purchaser of the property.
(n) Any income received from the collateral during the period
when the collateral is in the possession of the department shall be
remitted to the applicant.
(o) If collateral is left in the possession of the applicant,
the security agreement executed under subsection (k)(2) must require
that, upon default, the applicant shall assemble the collateral and
make it available to the department at a place designated by the
department that is reasonably convenient to both parties. All costs
of transporting and assembling the collateral shall be borne by the
applicant.
(p) With the consent of the director, an applicant may
substitute other property for any property accepted and held as
collateral under this section. Property may be substituted under
this subsection only if: (1) all the information required concerning
property originally submitted as collateral is provided concerning
the proposed substitute collateral; and (2) all requirements of this
section are met with respect to the proposed substitute collateral
so that all obligations relating to mining operations are secured
under all period of time.
(q) If collateral is posted under subsection (a) to support a
self-bond, the applicant shall: (1) notify all persons that have an
interest in the collateral of the posting of the collateral and of
all other actions affecting the collateral; and (2) provide copies
of the notices provided under subdivision (1) to the director.
K. IC 14-34-7-8 Information Requirements for Self-Bonding
Indiana proposes to revise recodified IC 14-34-7-8 [previously IC
13-4.11-6.3-12] as follows.
The director shall require self-bonded applicants and corporate
guarantors to submit: (1) an update of the information required
under section 4(d)(7), 4(d)(8), and 4(f) of this chapter within
ninety (90) days after the close of each fiscal year; and (2)
information required under section 4(d)(8)(B) of this chapter on a
quarterly basis not later than sixty (60) days after the end of each
quarter; following the issuance of the self-bond or corporate
guarantee.
L. IC 14-34-7-9 Requirements for a Change in Financial Conditions
Indiana proposes to revise recodified IC 14-34-7-9 [previously IC
13-4.1-6.3-13] by changing the referenced section 4(d)(3) to sections
4(d)(7) and (4)(f) and by replacing the word ``not'' with the words
``no longer.''
M. IC 14-34-7-10 Self-Bonding Report Requirements
Indiana proposes to add the following new section at IC 14-34-7-10.
(a) An applicant shall submit, in addition to the financial
information required under section 4 of this chapter, a report
prepared by a qualified independent public accounting consultants
selected from a list of public accounting consultants approved by
the director. The director shall consider the information in the
report when deciding whether to accept the self-bond of an
applicant.
(b) The director may also require reports described in
subsection (a) after the director accepts the applicant's self-bond,
but not more than one (1) time every three (3) years while the self-
bond is posted, except as provided in subsection (d).
(c) A consultant who prepares a report under this section must:
(1) verify that the financial information required under section 4of
this chapter was prepared in accordance with generally accepted
accounting principles; (2) verify that the accounting principles
referred to in subdivision (1) were applied consistently for each
year of the period for which the information is submitted; (3) state
the amount of, and reason for, any restatement of the financial
information referred to in subdivision (1) that is necessary to meet
the requirements of subdivision (2); and (4) state whether any
information reviewed during the preparation of the report would lead
the consultant to conclude that the applicant would not meet the
requirements of section 4 of this chapter at the end of each of the
three (3) fiscal years ending after the calendar month in which the
report is completed.
(d) If the consultant who prepares a report under this section
is unable to provide the information required by subsection (c)(4),
the applicant for whom the report is prepared shall submit an
updated report annually.
(e) An applicant shall submit a report required under this
section not later than ninety (90) days after the director notifies
the applicant or permittee that the report is required.
(f) If an applicant fails to submit a report required under
subsection (a), the director shall refuse to accept the self-bond of
the applicant until the applicant files the report.
(g) If a permittee who has posted a self-bond under this chapter
fails to submit a report required under subsection (b), the director
may require the permittee to post an alternate form of bond not
later than ninety (90) days after the deadline for the submission of
the report.
[[Page 1555]]
N. IC 14-34-7-11 Self-Bond Coverage Requirements
Indiana proposes to add the following new section at IC 14-34-7-11.
(a) The director may not accept an applicant's self-bond under
this chapter in an increment unless, when the self-bond is initially
approved under this chapter, the total area of the increment is one
hundred percent (100%) self-bonded.
(b) When a self-bond is initially accepted from a permit
applicant under this chapter, the self-bond may cover areas subject
to the permit on which, as of July 1, 1995, grading has been
deferred.
(c) After a self-bond is accepted under this chapter: (1)
coverage under the self-bond continues on any areas subject to a
grading deferral that is in existence on July 1, 1995, if the
grading deferral is subsequently extended beyond its original term;
but (2) an area subject to the permit as to which a grading deferral
is granted after July 1, 1995, may not be covered by self-bonding.
(d) An area described in subsection (c)(2): (1) must be covered
by another form of bond allowed under IC 14-34-6; and (2) may not be
covered by the surface coal mine reclamation bond pool established
by IC 14-34-8.
O. IC 14-34-7-12 Self-Bond Phase I Grading Release Requirements
Indiana proposes to add the following new section at IC 14-34-7-12.
(a) If a permittee who posted a self-bond under this chapter
does not file an application for a Phase I grading release with the
department before the second November 1 after the year in which the
coal was removed from the site covered by the self-bond, the
permittee shall replace the self-bond with an alternate form of bond
within ninety (90) days of the November 1 deadline established under
this subsection.
(b) If: (1) a permittee who posted a self-bond under this
chapter files an application for a Phase I grading release with the
department before the second November 1 after the year in which the
coal was removed from the site covered by the self-bond; but (2) the
application is rejected by the department; the permittee replace the
self-bond with an alternate form of bond not later than ninety (90)
days after the denial of the application for a Phase I grading
release becomes a final order of the department.
(d) All acreage and structures that are within a permitted area
and are used to facilitate active mining and reclamation operations
are exempt from subsection (c). Areas described in this subsection
include, but are not limited to, the following: (1) Processing
sites. (2) Tipples. (3) Railroad sidings. (4) Buildings. (5) Haul
roads. (6) Topsoil stockpiles. (7) Sediment ponds.
(e) For the purposes of subsection (d), the director shall
determine what areas are used to facilitate active mining and
reclamation operations.
(f) A permittee shall submit annual reports to the department in
a form that the director considers necessary to facilitate the
effective monitoring of acres under self-bonding that have been
affected and reclaimed.
(g) An area that: (1) is not subject to the time limitations set
forth in subsection (c); and (2) has been used for the disposal of:
(A) coal combustion fly or bottom ash; (B) flue gas desulfurization
byproducts generated by coal combustion units; or (C) coal
processing wastes; is no longer eligible for self-bonding ten (10)
years after the disturbance of the area or the self-bonding of the
area, whichever is later. An alternative from of bond must be posted
for the area under IC 14-34-6 not later than ninety (90) days after
the area becomes ineligible for self-bonding under this subsection.
(h) Whenever an area is determined to be no longer eligible for
self-bonding, and an alternative form of bond is posted under IC 14-
34-6, the area: (1) is never again eligible for self-bonding; and
(2) may not be bonded by the surface coal mine reclamation bond pool
established under IC 13-4.1-6.5-3.
P. IC 14-34-7-13
Indiana proposes to add the following new section at IC 14-34-7-13.
For purposes of IC 1-1-1-8, if the amendments to IC 14-34-7-1,
as amended by SEA 125-1995, are held invalid or otherwise
unenforceable, the other amendments to IC 14-34-7 made by SEA 125-
1995 are also void.
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 to meet with 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, notices 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.
[[Page 1556]]
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. 96-648 Filed 1-19-96; 8:45 am]
BILLING CODE 4310-05-M
