[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Rules and Regulations]
[Pages 54593-54595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26401]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 914
[SPATS No. IN-124-FOR; State Program Amendment No. 95-3]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Indiana
regulatory program (hereinafter referred to as the ``Indiana program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
Indiana proposed revisions to its regulations pertaining to the small
operator assistance program (SOAP). The topics covered in the proposed
amendment are definitions, eligibility for assistance, application
approval and notice, program services and data requirements, qualified
laboratories, and applicant liability. The amendment is intended to
revise the Indiana program to be consistent with the corresponding
Federal regulations and to incorporate an additional criterion under
which a SOAP applicant is responsible for reimbursing Indiana for the
cost of services rendered under its program.
EFFECTIVE DATE: October 25, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director,
Indianapolis Field Office, Office of Surface Mining Reclamation and
Enforcement, Minton-Capehart Federal Building, 575 North Pennsylvania
Street, Room 301, Indianapolis, Indiana 46204, Telephone (317) 226-
6166.
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. 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. Submission of the Proposed Amendment
By letter dated May 3, 1995 (Administrative Record No. IND-1461),
Indiana submitted a proposed amendment to its program pursuant to
SMCRA. Indiana submitted the proposed amendment at its own initiative.
Indiana proposed to revise its SOAP regulations at 310 IAC 12-3-130,
Definitions; 310 IAC 12-3-131, Eligibility for assistance; 310 IAC 12-
3-132.5, Application approval and notice; 310 IAC 12-3-133, Program
services and data requirements; 310 IAC 12-3-134, Qualified laboratory;
and 310 IAC 12-3-135, Applicant liability.
OSM announced receipt of the proposed amendment in the May 30,
1995, Federal Register (60 FR 28069), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on June 29, 1995.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Revisions not specifically discussed below concern nonsubstantive
wording changes or revised cross-references and paragraph notations to
reflect
[[Page 54594]]
organizational changes resulting from this amendment.
A. Revisions to Indiana's Regulations That Are Substantively Identical
to the Corresponding Federal Regulations
----------------------------------------------------------------------------------------------------------------
State regulation 310 Indiana Federal counterpart 30 Code of
administrative code (IAC) Subject Federal Regulations (CFR)
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12-3-130................................ Definitions for program 795.3.
administrator and qualified
laboratory.
12-3-131, Intro paragraph............... Attributed coal production..... 795.6(a).
12-3-131(1)............................. ............................... 795.6(a)(1).
12-3-131(2)............................. ............................... 795.6(a)(2).
12-3-131(2)(B).......................... ............................... 795.6(a)(2)(i).
12-3-131(2)(C).......................... ............................... 795.6(a)(2)(ii).
12-3-132.5.............................. Application approval and notice 795.8.
12-3-133(a)............................. Program services and data 795.9 (a) and (c).
requirements.
12-3-133(b)............................. ............................... 795.9(b).
12-3-134(a)............................. Qualified laboratories......... 795.10(a).
12-3-134(a)(1)-(a)(6)................... ............................... 795.10(a)(1)-(a)(6).
12-3-134(b)............................. ............................... 795.10(b).
12-3-135(a)............................. Applicant liability............ 795.12(a).
12-3-135(a)(1)-(a)(3)................... ............................... 795.12(a)(1)-(a)(3).
12-3-135(b)............................. ............................... 795.12(b).
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that
Indiana's proposed rules are no less effective than the Federal rules.
B. Revisions to Indiana's Regulations With No Corresponding Federal
Regulations
310 IAC 12-3-135, Applicant Liability
At 310 IAC 12-3-135(a)(4), Indiana proposed to add a regulation to
include another criterion under which a SOAP applicant is responsible
for reimbursing Indiana for the cost of services rendered under its
program. This criterion requires the applicant to reimburse Indiana if
mining does not begin within six months after obtaining the permit. The
Federal regulations at 30 CFR 795.12(a), concerning applicant liability
for reimbursement of the cost of services, do not contain this specific
requirement. However, the Director finds the proposed regulation is not
inconsistent with the intent of the requirements of SMCRA and the
Federal regulations pertaining to reimbursement for SOAP services, and
the addition of this new criterion does not render the Indiana
regulations at 310 IAC 12-3-135 less effective than the Federal
regulations at 30 CFR Part 795.12.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Indiana program. On May 30, 1995
(Administrative Record No. IND-1488), the United States Department of
Agriculture, Natural Resources Conservation Service, responded that
nothing in the proposed amendment would have any impact on its program
areas.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated 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, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. IND-1480). On
June 15, 1995 (Administrative Record No. IND-1489), EPA responded that
it concurred with the proposed amendment without comment.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO and ACHP. No comments were received.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Indiana on May 3, 1995.
The Director approves the rules as proposed by Indiana with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 914, codifying decisions
concerning the Indiana program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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
[[Page 54595]]
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 State 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
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. 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 corresponding Federal regulations.
List of Subjects in 30 CFR 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 13, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations 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 by adding paragraph (nnn) to read as
follows:
Sec. 914.15 Approval of regulatory program amendments.
* * * * *
(nnn) Revisions to the following regulations (Program Amendment
Number 95-3), as submitted to OSM on May 3, 1995, are approved
effective October 25, 1995:
310 IAC 12-3-130--Small operator assistance; definitions for
program administrator and qualified laboratory.
310 IAC 12-3-131--Introductory paragraph, (1), (2), (2)(B), and
(2)(C)--Small operator assistance; eligibility for assistance.
310 IAC 12-3-132.5--Small operator assistance; application
approval and notice.
310 IAC 12-3-133--Small operator assistance; program services
and data requirements.
310 IAC 12-3-134--Small operator assistance; qualified
laboratories.
310 IAC 12-3-135--Small operator assistance; applicant
liability.
[FR Doc. 95-26401 Filed 10-24-95; 8:45 am]
BILLING CODE 4310-05-M
