[Federal Register Volume 61, Number 210 (Tuesday, October 29, 1996)]
[Rules and Regulations]
[Pages 55743-55748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27599]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[IN-119-FOR; State Amendment No. 94-5]
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, with exceptions and additional requirements,
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). The amendment consists of
changes to the Indiana surface mining rules concerning OSM Regulatory
Reform I and III issues, required program amendments, and State
initiatives. The primary focus of
[[Page 55744]]
the amendment is on hydrology, impoundments, roads, support facilities,
and additional miscellaneous issues. This amendment is intended to
resolve outstanding issues that remain in the Indiana program resulting
from changes to the Federal program. The amendment is also intended to
add changes desired by the State.
EFFECTIVE DATE: October 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, Telephone: (317)
226-6166.
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program.
II. Submission of the 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 32071). Subsequent actions concerning the
conditions of approval and program amendments can be found at CFR
914.10, 914.15, and 914.16.
II. Submission of the Amendment
Since July 29, 1982 (the date of conditional approval of the
Indiana program), a number of changes have been made to the Federal
regulations concerning surface coal mining and reclamation operations.
Pursuant to the Federal regulations at 30 CFR 732.17, OSM informed
Indiana on May 22, 1985 (Regulatory Reform I), and on September 20,
1989 (Regulatory Reform III), that a number of Indiana program rules
are less effective than or inconsistent with the revised Federal
requirements.
By letter dated October 15, 1993 (Administrative Record Number IND-
1300), the Indiana Department of Natural Resources (IDNR) submitted to
OSM State program amendment package #93-6, which consisted of revisions
to 52 sections of the Indiana rules. The revisions addressed changes to
the Indiana program that were identified in the two letters referred to
above, and certain required program amendments identified at 30 CFR
914.16. The State has also proposed additional changes that are
designed to further improve the Indiana program. The primary focus of
the submittal is on hydrology, impoundments, roads, support facilities,
and termination of jurisdiction. OSM reviewed the proposed #93-6
amendments, and provided Indiana with a detailed list of comments
concerning the amendments.
By letter dated September 26, 1994 (Administrative Record Number
IND-1401), Indiana submitted proposed amendment #94-5 as a revised
replacement for amendment #93-6. OSM reviewed amendment #94-5 and
submitted comments to Indiana by letter dated July 28, 1995
(Administrative Record Number IND-1505). Indiana responded by letter
dated August 16, 1995 (Administrative Record Number IND-1506).
OSM announced receipt of proposed amendment #93-6 in the December
16, 1993, Federal Register (53 FR 65679), 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 January 18, 1994.
OSM announced receipt of proposed amendment #94-5 in the October
20, 1994, Federal Register (59 FR 52943), 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 November 21, 1994. No one requested an
opportunity to speak at the public hearing, so no hearing was held.
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.
A. Revisions to Indiana's Regulations That Are Substantively Identical
to the Corresponding Provisions of the Federal Regulations
The following rulemaking actions are being proposed by Indiana:
----------------------------------------------------------------------------------------------------------------
Federal
Rule number Subject counterpart (30
CFR)
----------------------------------------------------------------------------------------------------------------
310 IAC 12-0.5-78.7..................... Definition of ``other treatment facilities.''..... 701.5
310 IAC 12-0.5-91.5..................... Definition of ``previously mined area.''.......... 701.5
310 IAC 12-0.5-109...................... Definition of ``road.''........................... 701.5
310 IAC 12-3-30......................... Permit applications; hydrology.................... 780.21(a)
310 IAC 12-3-32......................... Permit applications; ground water................. 780.21(b)
310 IAC 12-3-33......................... Permit applications; surface water................ 780.21(b)
310 IAC 12-3-34......................... Permit application; alternative water supply...... 780.21(e)
310 IAC 12-3-41......................... Permit applications; general requirements......... 780.11(a), (b)
310 IAC 12-3-47......................... Permit applications; protection of hydrologic 780.21
balance.
310 IAC 12-3-55......................... Permit applications; transportation facilities.... 780.37(a)
310 IAC 12-3-68......................... Underground permits; hydrology.................... 784.14(a)
310 IAC 12-3-70......................... Underground permits; ground water................. 784.14(b), (h)
310 IAC 12-3-71......................... Underground permits; surface water information.... 784.14(b)(2), (I)
310 IAC 12-3-81......................... Underground permits; protection of hydrologic 784.14(g), (e)
balance.
310 IAC 12-3-91......................... Underground mining; return of coal processing 784.25
waste to abandoned underground workings.
310 IAC 12-5-17......................... Surface mining; water quality standards and 816.42
effluent limitations.
310 IAC 12-5-20......................... Surface mining; sediment control measures......... 816.45
310 IAC 12-5-27......................... Surface mining; surface and ground water 816.41
monitoring.
310 IAC 12-5-31......................... Hydrologic balance; diversions, impoundments, and 816.56
treatment facilities.
310 IAC 12-5-39......................... Disposal of excess spoil.......................... 816.71
310 IAC 12-5-41......................... Surface mining; general requirements.............. 816.81
310 IAC 12-5-42......................... Coal processing waste banks; site inspection; 816.83
construction requirements.
310 IAC 12-5-44......................... Coal mine waste................................... 816.83
310 IAC 12-5-48......................... Surface mining; dams and embankments; general 816.84
requirements.
310 IAC 12-5-50......................... Coal processing waste; dams and embankments; 816.84
design and construction.
[[Page 55745]]
310 IAC 12-5-69......................... Surface mining; roads............................. 816.150
310 IAC 12-5-70......................... Other transportation facilities................... 816.181
310 IAC 12-5-83......................... Underground mining; water quality standards and 817.42
effluent limitations.
310 IAC 12-5-86......................... Underground mining; sediment control measures..... 817.46
310 IAC 12-5-92......................... Underground mining; surface and ground water 817.41
monitoring.
310 IAC 12-5-96......................... Underground mining; postmining rehabilitation of 817.56
siltation structures, diversions, impoundments,
and treatment facilities.
310 IAC 12-5-104........................ Underground mining; disposal of underground 817.71
development waste and excess spoil.
310 IAC 12-5-105........................ Underground mining; coal processing waste banks; 817.81
general requirements.
310 IAC 12-5-106........................ Underground mining; coal processing waste banks; 817.83
site inspection.
310 IAC 12-5-108........................ Underground mining; coal processing waste banks; 817.83
construction requirements.
310 IAC 12-5-112........................ Underground mining; coal processing waste; dams 817.84
and embankments; general requirements.
310 IAC 12-5-114........................ Underground mining; dams and embankments; design 817.84
and construction.
310 IAC 12-5-137........................ Underground mining; roads......................... 817.150
310 IAC 12-5-144........................ Auger mining; additional performance standards.... 819.15
310 IAC 12-6-19......................... Termination of jurisdiction....................... 700.11
----------------------------------------------------------------------------------------------------------------
Because the above proposed amendments are identical in meaning to
the corresponding Federal definitions, the Director finds that
Indiana's proposed rules are no less effective than the Federal rules.
B. Revisions to Indiana's Regulations That Are Not Substantively
Identical to the Corresponding Federal Regulations
1. 310 IAC 12-3-49/83 Permit applications; ponds, impoundments,
refuse piles, coal mine waste dams and embankments.
The changes to these sections add language substantively identical
to and no less effective than the Federal counterparts at 30 CFR 780.25
and 784.16. However, subsections 49/83(e)(3) lack a requirement for a
stability analysis of each structure as required by 30 CFR 780.25(f)
and 784.16(f). Therefore, the Director is requiring that the Indiana
program be further amended to provide for a stability analysis as is
required by 30 CFR 780.25(f) and 784.16(f).
The Director notes that Indiana lacks certain counterpart
provisions to Federal provisions found at 30 CFR 780.25(a), (a)(2), and
(a)(3) that were amended in part on October 20, 1994, at 59 FR 53022.
The Federal regulations were amended primarily to incorporate by
reference certain criteria relating to dam classification found in U.S.
Soil Conservation Service (SCS) Technical Release No. 60 (TR-60), 1985,
in order to ensure that the permitting requirements for impoundments
are consistent with the performance standards for impoundments and that
both are tied to certain SCS and Mine Safety and Health Administration
(MSHA) requirements. In a future 30 CFR part 732 letter, OSM will
notify Indiana of the additional revisions to its program that are
necessary to be no less effective than the revised Federal regulations
discussed above.
2. 310 IAC 12-3-55.1/90.5 Permit applications; road systems.
These new sections are substantively identical to the counterpart
Federal regulations at 30 CFR 780.37 and 784.24 with the following
exceptions. Subsections 55.1/90.5(c) cross-reference the design
requirements of 310 IAC 12-5-69.5/137.5. The design provisions in 310
IAC 12-5-69.5 (2)(B) and 12-5-137.5(2) lack a technical basis on which
to judge whether or not a road embankment is stable. The Director is
approving the proposed provisions, but notes that subsections (c) cross
reference sections 310 IAC 12-5-69.5/137.5 which are less effective to
the extent described in Finding B-6, below.
3. 310 IAC 12-3-127 Permit reviews; approval for transfer,
assignment, or sale of permit rights.
The Director finds the proposed amendments substantively identical
to the counterpart federal regulations at 30 CFR 773.15. In addition,
the Director is requiring that 310 IAC 12-3-127(c)(4), introductory
paragraph, also be amended to include the phrase ``or by any person who
owns or controls the applicant'' after the word ``applicant'' in line
3, and the phrase ``or person who owns or controls the applicant''
after the word ``applicant'' in line 7.
4. 310 IAC 12-5-21/87 Surface mining; siltation structures.
The Director finds these amendments to be substantively identical
to the counterpart Federal regulations at 30 CFR 816/817.46 (b) and (c)
and 30 CFR 816/817.49(a)(9) except as noted below. The proposed
language at subsections (a)(3) provide that professional land surveyors
may certify the construction of siltation structures. The Federal
regulations at 30 CFR 816/817.46(b)(3) and 816/817.49(a)(11)(iv)
authorize professional land surveyors to inspect and certify certain
impoundments only in States which authorize land surveyors to prepare
and certify plans in accordance with 30 CFR 780.25(a). Indiana does not
authorize land surveyors to prepare and certify such plans. Therefore,
the proposed language is less effective than the Federal regulations to
the extent that land surveyors would be allowed to inspect and certify
the construction of siltation structures. The Director is approving 310
IAC 12-5-21/87(a)(3) except to the extent that the provisions authorize
land surveyors to inspect and certify the construction of siltation
structures. Therefore, Indiana must remove from 310 IAC 12-5-21/
87(a)(3) the language concerning land surveyors that is not approved.
The Director notes that the provisions at subsections (d)(2) do not
include criteria for impoundments meeting the SCS Class B or C criteria
as provided in 30 CFR 816.46(c)(2) and 816.49(a)(9). These Federal
regulations were amended in part on October 20, 1994, at 59 FR 53022.
The Federal regulations were amended primarily to incorporate by
reference certain criteria relating to dam classification found in U.S.
Soil Conservation Service (SCS) Technical Release No. 60 (TR-60), 1985,
in order to ensure that the permitting requirements for impoundments
are consistent with the performance standards for impoundments and that
both are tied to certain SCS and Mine Safety and Health Administration
(MSHA) requirements. In a future 30 CFR Part 732 letter, OSM will
notify Indiana of the additional revisions to its program that are
necessary to be no less effective than the revised Federal regulations
discussed above.
5. 310 IAC 12-5-24/90 Surface mining; permanent and temporary
impoundments.
[[Page 55746]]
The Director finds the proposed amendments to these sections to be
similar to and no less effective than the counterpart Federal
regulations at 30 CFR 816/817.49, with the following exceptions.
At proposed 310 IAC 12-5-24/90(a)(9)(B), Indiana is adding language
to authorize qualified registered professional land surveyors to
certify certain impoundment inspections. The Federal regulations at 30
CFR 816/817.49(a)(11)(iv) authorize professional land surveyors to
inspect and certify certain impoundments as required by 816/
817.49(a)(11) only in States which authorize land surveyors to prepare
and certify plans in accordance with 30 CFR 780.25(a). Indiana does not
authorize land surveyors to prepare and certify such plans. Therefore,
the proposed language is less effective than the Federal regulations at
30 CFR 816/817.49(a)(11)(iv) to the extent that land surveyors would be
allowed to inspect and certify certain impoundments. The Director is
approving 310 IAC 12-5-24/90(a)(9)(B) except to the extent that the
provisions authorize land surveyors to inspect and certify
impoundments. Therefore, Indiana must remove from 310 IAC 12-5-21/
87(a)(3) the language concerning land surveyors that is not approved.
At proposed 310 IAC 12-5-24/90(a)(9)(E), Indiana is adding language
to authorize an exemption to the quarterly inspection requirements at
12-5-24/90(a)(9)(E). There are no Federal counterparts to the proposed
language, but OSM has approved similar language in Illinois (see 56 FR
64988; December 13, 1991). In the Illinois finding, OSM determined that
due to site specific factors such as relatively flat terrain and sparse
population in the coal producing areas, an exemption from the annual
certifications and quarterly inspections of non-hazardous impoundments
is acceptable in Illinois. The Director has determined that the same is
true for Indiana. The Director finds the proposed State language no
less effective than the counterpart Federal regulations at 30 CFR 816/
817.49(a)(10) but, as with the Illinois approval, is requiring that
Indiana use the criteria developed by OSM on September 7, 1990, as a
guideline when reviewing exemption requests. In a letter dated August
21, 1996, (Administrative Record Number IND-1542), Indiana agreed to
use this criteria when reviewing an exemption request under this rule.
In addition, the Director notes that Indiana's use of the term
``subsection'' in the phrase ``shall be exempt from the examination
requirements of this subsection'' is incorrect. In the August 21, 1996,
letter, Indiana stated that the correct term should be ``clause,'' and
that it is the intention of the Indiana Division of Reclamation to
apply 310 IAC 12-5-24/90(a)(9)(E) as the examination requirements that
would be exempted by the proposed provisions. The Director is requiring
that Indiana further amend 310 IAC 12-5-24/90(a)(9)(E) to clarify that
the term ``subsection'' should be ``clause.''
The Federal regulations at 30 CFR 816/817.49 concerning
impoundments were revised on October 20, 1994 (59 FR 53022). Most of
the changes to the Federal provisions are related to the incorporation
by reference of certain criteria in ``Earth Dams and Reservoirs,'' SCS
publication TR-60, 1985. Specifically, the criteria referenced in TR-60
require impoundments meeting SCS Class B and C criteria in TR-60 to
meet the same stability, spillway, foundation investigation, freeboard,
hydrograph, inspection, and examination requirements as impoundments
meeting the MSHA criteria in 30 CFR 77.216(a). In a future 30 CFR Part
732 letter, OSM will notify Indiana of the additional revisions to
sections 310 IAC 12-5-24/90 that are necessary to be no less effective
than the revised Federal regulations discussed above.
6. 310 IAC 12-5-69.5/137.5 Surface mining; primary roads.
The Director finds the proposed amendments to be substantively
identical to the counterpart Federal regulations at 30 CFR 816/817.151,
with the following exceptions.
The proposed language at subsections 69.5(2) (A) and (B)/137.5(2)
allow a minimum static safety factor of 1.3, ``or'' a maximum slope not
in excess of 3h:1v. The proposed option of either the 1.3 static safety
factor or a maximum slope of 3h:1v is less effective than the
counterpart federal regulations, because a 3h:1v slope isn't
automatically equivalent to a 1.3 static safety factor. Therefore, the
Director is approving the proposed provisions except to the extent that
the provisions allow the use of a maximum slope of 3h:1v as an
alternative to the 1.3 static safety factor requirement. In addition,
Indiana must remove from 310 IAC 12-5-69.5/137.5(2) the language that
allows the use of a maximum slope of 3h:1v as an alternative to the 1.3
static safety factor requirement or propose engineering design
standards for a slope of 3h:1v that ensure compliance with the minimum
static safety factor of 1.3.
Indiana also proposed engineering design standards at subsection
69.5(2)(C) for surface mining primary roads, which allow the use of a
maximum slope of 2h.1v, as an alternative to the 1.3 static safety
factor requirement. The Federal regulations at 30 CFR 780.37(c) and
784.24(c) allow regulatory authorities to establish engineering design
standards for primary roads in lieu of engineering tests to establish
compliance with the minimum static safety factor of 1.3. OSM conducted
a technical review of the proposed design standard and found them to be
acceptable. Therefore, the Director is approving Indiana's alternative
design standards at 310 IAC 12-5-69.5(2)(C).
IV. Summary and Disposition of Comments
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. The U.S. Fish
and Wildlife Service (FWS) responded (Administrative record Number IND-
1411) supporting the amendments because ``they generally provide a
higher level of reporting, monitoring, and remediation regarding water
quality and quantity.'' The FWS also had the following specific
comments.
FWS recommended that 310 IAC 12-3-47(c)(2)(C), concerning adverse
effects of mining on underground or surface water, be amended by adding
to the list of ``legitimate purposes'' to include aquatic ecosystems.
In response, the Director notes that the proposed language is identical
to the counterpart Federal language 30 CFR 780.21(f)(3)(iii). In
addition, the ``legitimate purposes'' referred to in the provision
applies to human use of water supplies (e.g., domestic, agricultural),
and, therefore, aquatic ecosystems would be an inappropriate addition
to the list.
FWS recommended that 310 IAC-12-5-21(b)(1) be amended to add that
siltation structures be located out of forested intermittent streams
and forested wetlands as well as out of perennial streams. In response,
the Director notes that the amended language is substantively identical
to the counterpart Federal regulations at 30 CFR 816.46(c)(ii).
FWS recommended that 310 IAC 12-5-69(b)(6) be amended to require
that flow alterations be ``minimal'' in accordance with best available
technology. In response, the Director notes that the proposed language
is identical to the counterpart Federal language at 30 CFR
816.150(b)(5).
[[Page 55747]]
The U.S. Department of Agriculture, Natural Resources Conservation
Service (NRCS) responded that their review revealed no impact to NRCS
programs. However, the NRCS had the following questions.
The NRCS stated that if Indiana doesn't authorize professional land
surveyors to certify construction, then the phrase ``or qualified
registered professional land surveyor'' should be removed from 310 IAC
12-5-21(a)(3). In response, the Director notes that as discussed above
in Finding 4, Indiana does not authorize land surveyors to certify
impoundment designs. Therefore, Indiana's proposed authorization to
allow land surveyors to inspect and certify impoundments is less
effective than the Federal regulations at 30 CFR 816/817.49(a)(11)(iv)
and cannot be approved.
The NRCS stated that 310 IAC 12-5-24/90(a)(9) and (a)(9)(B) appear
contradictory because the introductory paragraph at (a)(9) refers only
to professional engineers, while (a)(9)(B) refers to both engineers and
surveyors. In response, the Director notes that as discussed above in
Finding 5, Indiana does not authorize land surveyors to certify
impoundment designs. Therefore, Indiana's proposed authorization to
allow land surveyors to inspect and certify impoundments is less
effective than the Federal regulations at 30 CFR 816/817.49(a)(11)(iv)
and cannot be approved.
Public Comments
A public comment period and opportunity to request a public hearing
was announced in the October 20, 1994, Federal Register (59 FR 52943).
The comment period closed on November 21, 1994. No comments were
received, and no one requested a hearing, so the scheduled hearing was
not held.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain
the written concurrence of the Administrator of the EPA with respect to
any provisions of a State 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.). The Director has determined that this amendment contains no
provisions in these categories and that EPA's concurrence is not
required.
Pursuant to 732.17(h)(11)(I), OSM solicited comments on the
proposed amendment from EPA on October 3, 1994 (Administrative Record
Number IND-1404). EPA responded on October 18, 1994 (Administrative
Record Number IND-1410). EPA stated that it found the document
(amendment #94-5) acceptable.
V. Director's Decision
Based on the above findings, the Director is approving amendment
#94-5 submitted by Indiana on September 26, 1994, except as noted
below.
The Director is approving 310 IAC 12-5-21/87(a)(3) except to the
extent that the provisions authorize land surveyors to inspect and
certify the construction of siltation structures, and he is requiring
Indiana to remove the disapprove language and to notify OSM when the
removal is completed.
The Director is approving 310 IAC 12-5-24/90(a)(9)(B) except to the
extent that the provisions authorize land surveyors to inspect and
certify impoundments, and he is requiring Indiana to remove the
disapproved language and to notify OSM when the removal is completed.
The Director is approving 310 IAC 12-5-69.5/137.5(2) except to the
extent that the provisions allow the use of a maximum slope of 3h:1v
without providing engineering design standards that ensure compliance
with the minimum static safety factor of 1.3. He is also requiring that
Indiana remove the disapproved language and notify OSM when the removal
is completed or proposed engineering design standards for a slope of
3h:1v that ensure compliance with the 1.3 minimum static safety factor
requirement.
In addition, the State's subsections 310 IAC 12-3-49/83(e)(3)
should be amended to add the requirement concerning stability analysis
of each structure as required by 30 CFR 780.25 and 784.16 subsection
(f).
The Director is requiring that 310 IAC 12-3-127(c)(4), introductory
paragraph, be amended to include the phrase ``or by any person who owns
or controls the applicant'' after the word ``applicant'' in line 3, and
the phrase ``or person who owns or controls the applicant'' after the
word ``applicant'' in line 7.
The Director is requiring that Indiana further amend 310 IAC 12-5-
24/90(a)(9)(E) to clarify that the term ``subsection'' should be
``clause.''
The Director's approval herein of the proposed amendment has
satisfied certain required amendments codified at 30 CFR 914.16.
Therefore, the Director is removing the following required program
amendments: 30 CFR 914.16 (o), (q), (r), (t), (u), (v), (w), (x), (y),
(z), and (aa).
The Federal regulations at 30 CFR Parts 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.
Effect of Director's Decision
Section 503 of SMCRA provides that a State may not exercise
jurisdiction under SMCRA unless the State program is approved by the
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of
an approved State program be submitted to OSM for review as a program
amendment. Thus, any changes to the State program are not enforceable
until approved by OSM. The Federal regulations at 30 CFR 732.17(g)
prohibit any unilateral changes to approved State programs. In his
oversight of the Indiana program, the Director will recognize only the
statutes, regulations and other materials approved by him, together
with any consistent implementing policies, directives and other
materials, and will require the enforcement by Indiana of only such
provisions.
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 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 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 55748]]
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.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 30, 1996
Ronald C. Recker,
Acting Regional Director, Appalachian 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 (rrr) to read as
follows:
Sec. 914.15 Approval of regulatory program amendments.
* * * * *
(rrr) With the exceptions noted below, the amendments submitted by
Indiana on September 26, 1994, and revised on August 16, 1995, are
approved effective October 29, 1996:
The Director is approving 310 IAC 12-5-21/87(a)(3) except to the
extent that the provisions authorize land surveyors to inspect and
certify the construction of siltation structures.
The Director is approving 310 IAC 12-5-24/90(a)(9)(B) except to the
extent that the provisions authorize land surveyors to inspect and
certify impoundments.
The Director is approving 310 IAC 12-5-69, 5/137.5(2) except to the
extent that the provisions allow the use of a maximum slope of 3h:1v
without providing engineering design standards that ensure compliance
with the minimum static safety factor of 1.3.
3. Section 914.16 is amended by removing and reserving paragraphs
(o), (q), (r), (t), (u), (v), (w), (x), (y), (z), and (aa); and adding
paragraph (ii) to read as follows:
Sec. 914.16 Required program amendments.
* * * * *
(ii) By April 28, 1997, Indiana shall submit either a proposed
amendment or a description of an amendment to be proposed, together
with a timetable for adoption, to address the following:
a. Amend the Indiana program at 310 IAC 12-3-49/83(e)(3) to add the
requirement concerning stability analysis of each structure as is
required by 30 CFR 780.25(f) and 784.16(f).
b. Amend 310 IAC 12-3-127(c)(4), introductory paragraph, to include
the phrase ``or by any person who owns or controls the applicant''
after the word ``applicant'' in line 3, and the phrase ``or person who
owns or controls the applicant'' after the word ``applicant'' in line
7.
c. The Director is requiring that Indiana further amend 310 IAC 12-
5-24/90(a)(9)(E) to clarify that the term ``subsection'' should be
``clause.''
[FR Doc. 96-27599 Filed 10-28-96; 8:45 am]
BILLING CODE 4310-05-M
