[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Rules and Regulations]
[Pages 56516-56521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[IN-110, Amendment Number 93-7, Part I]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendments.
-----------------------------------------------------------------------
SUMMARY: OSM is approving part of a proposed amendment to the Indiana
permanent regulatory program (hereinafter referred to as the Indiana
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The amendment consists of proposed changes to the Indiana
Surface Mining Rules provisions concerning OSM Regulatory Reform I, II
and III issues, required program amendments, and State initiatives.
This final rule notice is addressing the first of three subparts of the
original amendment. The primary focus of the amendments in this subpart
is on soil capability and restoration standards, individual civil
penalties, significant/nonsignificant revisions, coal exploration, and
performance bonds. The amendment is intended to resolve outstanding
issues that remain present in the approved Indiana program resulting
from changes to the Federal program. The amendment would also
incorporate changes desired by the State that address various parts of
the State rules.
EFFECTIVE DATE: November 9, 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, IN
46204, 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 Indiana program was made effective by the
conditional approval of the Secretary of the Interior. Information
pertinent to the general background on the Indiana program, including
the Secretary's findings, the disposition of comments, and a detailed
explanation of the conditions of approval of the Indiana program can be
found in the July 26, 1982 Federal Register (47 FR 32107). Subsequent
actions concerning the conditions of approval and program amendments
are identified at 30 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), on August 24, 1988
(Regulatory Reform II), and September 20, 1989 (Regulatory Reform III),
that a number of Indiana regulations
[[Page 56517]]
are less effective than or inconsistent with the revised Federal
requirements.
By letter dated December 30, 1993 (Administrative Record No. IND-
1322), the Indiana Department of Natural Resources (IDNR) submitted to
OSM State program amendment package number 93-7 consisting of revisions
to 38 sections of the Indiana rules.
These revisions address changes to the Indiana program that were
identified in the three letters referred to above, and certain required
program amendments. The State has also proposed additional changes
which Indiana believes will further improve the approved State program.
The primary focus of the submittal is on soil capability and
restoration standards, individual civil penalties, significant/non-
significant revisions, coal exploration, and performance bonds.
OSM announced receipt of the proposed amendment in the January 24,
1994, Federal Register (59 FR 3528), and, in the same notice, opened
the public comment period and provided opportunity for a public hearing
on the adequacy of the proposed amendment. The comment period closed on
February 24, 1994.
By letter dated December 6, 1994 (Administrative Record Number IND-
1415), Indiana submitted additional minor changes to amendment 93-7.
By letter dated January 12, 1995 (Administrative Record Number IND-
1423), OSM provided Indiana with comments concerning the proposed
amendment. Indiana responded by letter dated January 25, 1995
(Administrative Record Number IND-1419). In that letter, Indiana said
that it wishes to separate amendment 93-7 into three subparts, and that
the responses being supplied pertain to the first subpart of amendment
93-7. The amendments are being addressed in this notice comprise
amendment 93-7, Part I.
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
first of three subparts of proposed program amendment 93-7.
A. Revisions to Indiana's Rules That Are Substantively Identical to the
Corresponding Federal Regulations
----------------------------------------------------------------------------------------------------------------
State rule Subject Federal counterpart
----------------------------------------------------------------------------------------------------------------
310 IAC 12-0.5-122.5.................. Definition of substantially 30 CFR 701.5.
disturb.
310 IAC 12-3-78....................... Underground permits; general 30 CFR 784.11.
requirements.
310 IAC 12-3-82....................... Underground permits; postmining 30 CFR 784.15(b).
land use.
310 IAC 12-4-5........................ Filing bonds; requirements...... 30 CFR 800.11.
310 IAC 12-5-4........................ Coal exploration; permits....... 30 CFR 772.14.
310 IAC 12-6-21....................... Individual civil penalties; 30 CFR 846.12.
timing for assessment.
310 IAC 12-6-23....................... Individual civil penalties; 30 CFR 846.17.
assessment procedures.
310 IAC 12-6-24....................... Individual civil penalties; 30 CFR 846.18.
payment of penalty.
310 IAC 12-7-4........................ Filing requirements............. 30 CFR 705.11.
310 IAC 12-7-5........................ Filing dates.................... 30 CFR 705.13.
310 IAC 12-7-6........................ Filing locations................ 30 CFR 705.15.
----------------------------------------------------------------------------------------------------------------
Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, or contain nonsubstantive
wording and paragraph notation changes, the Director finds that
Indiana's proposed rules are no less effective than the Federal
regulations.
B. Revisions to Indiana's Rules That Are Not Substantively Identical to
the Corresponding Federal Regulations
1. 310 IAC 12-0.5-109.5 Definition of Rooting Media
``Rooting media'' is defined as a soil material beneath the topsoil
consisting of replaced ``B'' horizon, ``B/C'' mixture, another suitable
soil material as determined by the director of the Indiana Department
of Natural Resources (IDNR). While there is no direct counterpart to
this definition, the Director finds that the definition is not
inconsistent with the Federal definition of ``soil horizons'' as 30 CFR
701.5.
2. 310 IAC 12-0.5-110.5 Definition of Shadow Area
``Shadow area'' is defined as any area beyond the limits of the
permit area in which underground mine workings are located. This area
includes resources above and below the coal that are protected by IC
13-4.1 that may be adversely impacted by underground mining operations
including impacts of subsidence. While there is no direct Federal
counterpart to this definition, the Director finds the definition to be
consistent with the Federal definition of ``affected area'' at 30 CFR
701.5.
3. 310 IAC 12-1-5 Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals
This provision is being amended to correct a citation error.
Reference to IC 13-4.1-1-4(2) is being deleted and replaced by IC 13-
4.1-1-3(12). This amendment satisfies the required program amendment
codified at 30 CFR 914.16(bb).
4. 310 IAC 12-3-31 and 310 IAC 12-3-69 Permit Applications; Geology
Description
These provisions have been rewritten to be substantively identical
to the counterpart Federal provisions at 30 CFR 780.22 and 784.22 with
the following exceptions. At 310 IAC 12-2-31(c) and at 12-3-69 (a)(3)
and (c), the Indiana language uses the term ``rule'' rather than the
more inclusive term ``article.'' To no less effective than the
counterpart Federal regulations at 30 CFR 780.22(c) and 784.22 (a)(3)
and (c), the Indiana language should use the term ``article'' meaning
the entire set of performance standards under 310 IAC 12. In its letter
to OSM dated January 25, 1995, Indiana stated that the language has
been changed to read ``article.''
Indiana is amending 310 IAC 12-3-69(d) to clarify that the
applicant may request that the director of the IDNR waive in whole or
in part certain geologic information if that information is unnecessary
because other reliable information is available. The amendments are
substantively identical to and no less effective than the counterpart
Federal language at 30 CFR 784.22(d) with one exception. The State
provision would authorize the waiver of all the requirements of section
310 IAC 12-3-69(b) rather than only the requirements of 310 IAC 12-3-69
(b)(2) and (b)(3) as is authorized by the counterpart Federal
provisions at 30 CFR 784.22(d). In its letter to OSM dated January 25,
1995, Indiana stated that the language has been changed to read
subsections ``69 (b)(2) and (b)(3).''
[[Page 56518]]
Therefore, OSM finds the proposed amendments to be no less
effective than the counterpart Federal regulations.
5. 310 IAC 12-3-48 Permit Applications; Postmining Land Uses
In addition to nonsubstantive wording changes, Indiana is deleting
a reference to 310 IAC 12-5-68 and adding in its place reference to new
310 IAC 12-5-68.5 concerning postmining land use capability. Indiana is
also adding new subsection 48(a)(3) to provide that consideration be
given to all of the proposed surface mining activities consistent with
surface owner plans and applicable State and local land use plans and
programs. The new language is substantively identical to counterpart
Federal language at 30 CFR 780.23(b)(3). The Director finds that the
proposed citation change does not render the provision less effective
than 30 CFR 780, and the added language is no less effective than the
counterpart Federal language at 30 CFR 780.23(b)(3).
6. 310 IAC 12-3-97 Special Categories of Mining; Approximate Original
Contour Variance for Steep Slope Mining; Permits
In addition to various nonsubstantive changes made throughout this
section, the following changes are made. At subsection 97(a)(3),
Indiana is deleting reference to sections 310 IAC 12-5-68 and 12-5-136
and replacing them with 310 IAC 12-5-68.5 and 12-5-136.5, respectively.
The deletion of 310 IAC 12-5-68 and 310 IAC 12-5-136 and their
replacement by 310 IAC 12-5-68.5 and 310 IAC 12-5-136.5, respectively
is discussed later in this document. The Director finds that the
amendments to subsection 97(a)(3) do not render the provision less
effective than the counterpart Federal regulations at 30 CFR 816/
817.133(d)(2) concerning alternative postmining land use requirements.
New subsection 97(a)(8) is added to require the design and
certification of a proposed use by a qualified registered professional
engineer. The director finds the proposed language to be substantively
identical to counterpart Federal language at 30 CFR 816/817.133(d)(5).
New subsection 97(a)(9) is added to limit the amount of spoil to be
placed off the mine bench. The Director finds the proposed language to
be substantively identical to 30 CFR 816/817.133(d)(8).
New subsection 97(a)(10) is added to ensure adequate time for
public agencies to review and comment on the proposed land use. The
Director finds that the proposed language is substantively identical to
the Federal regulations at 30 CFR 816/817.133(d)(10).
7. 310 IAC 12-3-106 Permit Applications; Review, Public Participation,
and Approval or Disapproval of Permit Applications; Permit Terms and
Conditions; Responsibility
In addition to various nonsubstantive changes made throughout this
section, the following changes are made. Subsection 106(a) is being
amended to apply to both permit revisions and renewals in addition to
initial permit. The amended language is substantively identical to the
counterpart Federal language at 30 CFR 733.13(a)(1).
Subsection 106(a) is also being amended by adding the words ``at a
minimum'' to clarify that the list of requirements starting at
subsection 106(a)(1) is not an exhaustive list. The amended language is
substantively identical to the counterpart language at 30 CFR
773.13(a)(1).
Subsection 106(a)(2) is amended to require a ``map or'' description
that clearly ``shows or'' describes (at subsection 106(a)(2)(A)) the
required information to be included in the newspaper announcement. The
amended language is substantively identical to the counterpart Federal
language at 30 CFR 773.13(a)(1)(ii).
Subsection 106(a)(2)(B) is amended to provide that if a map is
used, it shall indicate the north direction. The added language is
substantively identical to the counterpart language at 30 CFR
773.13(a)(1)(ii).
Subsection 106(a)(6) is being amended to provide that all of the
requirements of subsection 106(a)(6) pertaining to the relocation of
roads will also apply to the closure of roads. The words ``approximate
timing and'' are added immediately preceding the words ``duration of
the relocation or closure.'' The amended language is substantively
identical to the counterpart Federal provision at 30 CFR
773.13(a)(1)(v).
New subsection 106(a)(7) is added to require that copies of the
advertisement be mailed to certain persons. While there is no direct
Federal counterpart language, the proposed language is not inconsistent
with SMCRA at section 513 concerning public notice and 30 CFR 773.13
concerning public participation.
New subsection 106(a)(8) is added to provide that if the permit
application includes a request for an experimental practice under
section 94, a statement must be provided that indicates that an
experimental practice is requested and identifies the regulatory
provisions for which a variance is requested. In its January 25, 1995,
letter to OSM, Indiana stated that the citation of section ``94'' has
been corrected to read ``94.1.'' The Director finds that the proposed
language, with the corrected citation is substantively identical to and
no less effective than the counterpart Federal language at 30 CFR
773.13(a)(1)(vi).
Subsection 106(a)(9) as a counterpart to 30 CFR 773.13(a)(2)
concerning the requirement to make a copy of the permit, revision, or
renewal available to the public at the courthouse of the county where
the mining is proposed to occur, or an accessible public office
approved by the regulatory authority. Indiana language counterpart to
the Federal requirement that applicants file changes to the
applications at the public office at the same time the change is
submitted to the regulatory authority is found at 310 IAC 12-3-106(c).
The director finds that the proposed language, along with the language
referred to above and found at 310 IAC 12-3-106(c), is substantively
identical to the Federal language at 30 CFR 773.13(a)(2). The Director
notes that Indiana uses public libraries as the accessible public
office where the copies of permits, revisions, and renewals will be
filed.
Subsection 106(c) is being amended to change a citation of
subsection 106 ``(b)'' to read 106 ``(a)(9)''. In addition, the
subsection is being amended to provide that any subsequent modification
of the application ``or permit'' be also filed with the library copy of
the application or permit. The Director finds these changes to be
consistent with the counterpart Federal regulations at 30 CFR
773.13(a)(2).
Subsection 106(d) has several changes. Subsections 106(d)(2), (3),
and (4) have been amended to clarify that the library copy of the
application or permit may be removed from the library only after all
bond has been released from the permit. Subsection 106(d)(4) is amended
to add citations of 310 IAC 12-3-17 and 31, concerning application or
permit information that may be exempt from public disclosure, to the
citation of 310 IAC 12-3-110. The Director finds that these changes are
consistent with and no less effective than the Federal regulations at
30 CFR 773.13.
New subsection 106(d)(5) is added to provide that the applicant
shall not be responsible for the maintenance of the copy of the
application or permit on file with the library. There is no Federal
Counterpart to this proposed language. However, since the applicant is
required, under subsection 106(d)(1), to pay the library a $50 dollar
nonrefundable fee, it is reasonable to
[[Page 56519]]
conclude that the library, upon acceptance of the fee, is responsible
for the maintenance of the copy. Therefore, the Director finds the new
language does not render the Indiana program less effective.
Subsection 106(e) is amended to add the words ``or a revision or
renewal of a permit.'' The added words are substantively identical to
the counterpart language at 30 CFR 773.13(a)(3).
Subsection 106(g) is added as a counterpart to 30 CFR 773.12
concerning the coordination of the review and issuance of permits with
other agencies to avoid duplication. The director finds the new
language to be substantively identical to 30 CFR 773.12.
8. 310 IAC 12-4-7 Period of Liability
Subsection 7(a) is amended to update the citations of the
revegetation standards to reflect the most current, approved standards.
Language is also added to provide a counterpart to the Federal
regulations at 30 CFR 800.13(a)(2) concerning the bonding of specific
phases of reclamation. The Director finds that the revised citations do
not render the Indiana program less effective and the added language is
substantively identical to the counterpart Federal regulations.
Subsection 7(b) is revised by the updating of a citation to the
approved revegetation standards. The Director finds that the citation
change does not render the Indiana program less effective.
Subsection 7(d) is amended by updating two citations and adding
language that mirrors Federal language. The proposed citation changes
reflect amendments that were proposed in the original submittal of this
amendment package (Amendment 93-7). On January 25, 1995, Indiana
requested that Amendment 93-7 be subdivided and reviewed in three
parts. The proposed citation changes reflect amendments that are now
contained in Part III of Amendment 93-7. The Director is approving the
citation changes and notes that the amendments to those provisions will
be reviewed in a future Federal Register Notice.
The language in subsection 7(d) that mirrors the Federal language
(at 30 CFR 800.13(c)) refers to the applicable five ``or ten (10)
year'' period of liability for revegetation success. The director finds
that the added language is substantively identical to and no less
effective than the counterpart Federal language.
Subsection 7(e) is amended by deleting language that did not hold
the operator responsible for actions by third parties. The Federal
regulations previously contained such a provision, but were amended to
eliminate the reference to actions by third parties. Indiana is adding,
in place of the deleted language, language that is substantively
identical to the counterpart Federal regulations at 30 CFR
800.13(d)(1). The Director finds that with the amendments, the
provision is no less effective than the counterpart Federal language.
9. 310 IAC 12-5-3 Coal Exploration; Performance Standards
The introductory paragraph to this section is amended to add
language that is substantively identical to and no less effective than
the counterpart Federal language at 30 CFR 815.1 concerning the scope
and purpose of the performance standards for coal exploration.
New subsection 3(a) is added and is substantively identical to and
no less effective than the counterpart Federal regulations at 30 CFR
815.15(a) concerning the protection of certain habitats of unique or
unusually high value.
Subsection 3(b)(2) is amended by deleting the existing language and
adding in its place language that is substantively identical to and no
less effective than the counterpart Federal regulations at 30 CFR
815.15(b) concerning roads and other transportation facilities.
Subsections 3(b)(3) and (4) are deleted. There are no Federal
counterparts at 30 CFR 815.15 to the deleted language and the deletion
does not render the Indiana program less effective than the Federal
regulations.
Subsection 3(e) is amended by deleting and adding language to make
the provision substantively identical to and no less effective than the
counterpart Federal regulations at 30 CFR 815.15(e) concerning
revegetation of areas disturbed by coal exploration.
Subsection 3(f) is amended to change the term ``may'' to read
``shall'' to clarify that the requirements of the section are mandatory
rather than voluntary. The Director finds the change to be
substantively identical to and no less effective than the Federal
requirement at 30 CFR 815.15(f) concerning diversions.
Subsection 3(h) is amended by deleting language and adding language
that is substantively identical to the Federal regulations at 30 CFR
815.15(i) concerning minimizing disturbances to the hydrologic balance.
The Director finds that the amended provision is no less effective than
the Federal counterpart.
Subsection 3(i) is amended by deleting and adding language that
makes the provision substantively identical to and no less effective
than the counterpart Federal regulations at 30 CFR 815.15(j) concerning
acid- or toxic-forming materials.
10. 310 IAC 12-6-20 Individual Civil Penalties; Definitions
This new provision has been renumbered. In the original submittal,
this provision was identified as 310 IAC 12-6-19.
This new provision is added to provide a counterpart to the Federal
regulations at 30 CFR 846.5. In its January 25, 1995, letter to OSM,
Indiana corrected two citation references in subsection (2)(B). Indiana
is revising the sentence in subsection (2)(B) to read: ``* * * except
an order incorporated in a decision issued under IC 13-4.1-12-1.'' The
citation change concerns civil penalties and adds specificity to the
Indiana provision that is counterpart to the Federal citation of
section 518(b) of SMCRA at 30 CFR 846.5 in the definition of
``violation, failure or refusal.'' The Director finds that the addition
is substantively identical to and no less effective than the
counterpart Federal regulations.
11. 310 IAC 12-6-22 Individual Civil Penalties; Amount
This new provision has been renumbered. In the original submittal,
this provision was identified as 310 IAC 12-6-21. This new provision is
added to provide a counterpart to the Federal regulations at 30 CFR
846.14 concerning the amount of individual civil penalties. In its
January 25, 1995, submittal to OSM, Indiana made one citation change.
In subsection 22(a), Indiana changed ``IC 13-4.1'' to read ``IC 13-4.1-
12-1.'' The change adds appropriate specificity to identify the
criteria concerning civil penalties. With the above change, the new
language of this subsection is substantively identical to and no less
effective than 30 CFR 846.14.
IV. Summary and Disposition of Comments
Federal Agency Comments
Pursuant to section 503(b) of SMCRA and 30 CFR 732.17(h)(11)(i),
comments were solicited from various interested Federal agencies. The
U.S. Fish and Wildlife Service (FWS) responded (Administrative Record
Number IND-1335). The FWS commented that additional information should
be added to 310 IAC 12-5-3(a) to state that if wetlands are affected, a
permit by the U.S. Army Corps of Engineers may be needed. In response,
the Director notes that the counterpart Federal standards at
[[Page 56520]]
30 CFR 815.15 do not contain such a provision and that the Indiana
provision is substantively identical to the Federal provision so the
Indiana provision need not be changed.
Other comments submitted by FWS pertain to amendments that will be
addressed later in final rule notices concerning Amendment 93-7 parts
II and III.
No other agency comments were received.
Public Comments
A public comment period and opportunity to request a public hearing
was announced in the January 24, 1994, Federal Register (59 FR 3528).
The comment period closed on February 24, 1994. No one commented and no
one requested an opportunity to testify at the scheduled public
hearings so no hearing was 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 these amendments contain 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 amendments from EPA (Administrative Record No. IND-1330). EPA
did not provide any comments concerning this amendment.
V. Director's Decision
Based on the findings above, the Director is approving Indiana's
program amendment #93-7 as submitted by Indiana on December 30, 1993,
and amended on December 6, 1994, and January 25, 1995.
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 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: October 20, 1995.
Allen D. Klein,
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. In section 914.15, paragraph (mmm) is added to read as follows:
Sec. 914.15 Approval of regulatory program amendments
* * * * *
(mmm) Amendment #93-7, Part I concerning revisions to the following
Indiana rules as submitted to OSM on December 30, 1993, and amended on
December 6, 1994, and January 25, 1995, is approved effective November
9, 1995.
310 IAC 12-0.5-109.5 concerning the definition of rooting media;
310 IAC 12-0.5-110.5 concerning the definition of shadow area;
310 IAC 12-0.5-122.5 concerning the definition of substantially
disturb;
310 IAC 12-1-5 concerning exemption for coal extraction incidental to
the extraction of other minerals;
310 IAC 12-3-31 concerning permit applications, geology description;
310 IAC 12-3-48 concerning permit applications, postmining land uses;
310 IAC 12-3-69 concerning permit applications (underground), geology
description;
310 IAC 12-3-78 concerning permit applications (underground), general;
310 IAC 12-3-82 concerning permit applications (underground),
postmining land use;
310 IAC 12-3-97 concerning special categories of mining, approximate
original contour variance for steep slope mining, permits;
310 IAC 12-3-106 concerning permit applications, review, public
participation, and approval or disapproval of permit applications,
permit terms and conditions, responsibility;
310 IAC 12-4-5 concerning requirements for filing bonds;
310 IAC 12-4-7 concerning period of liability;
[[Page 56521]]
310 IAC 12-5-3 concerning performance standards for coal exploration;
310 IAC 12-5-4 concerning permits for coal exploration;
310 IAC 12-6-20 concerning individual civil penalties, definitions;
310 IAC 12-6-21 concerning individual civil penalties;
310 IAC 12-6-22 concerning the amount of individual civil penalties;
310 IAC 12-6-23 concerning assessment procedures for individual civil
penalties;
310 IAC 12-6-24 concerning payment of individual civil penalties;
310 IAC 12-7-4 concerning financial interests, filing requirements;
310 IAC 12-7-5 concerning financial interests, filing dates; and
310 IAC 12-7-6 concerning financial interests, filing locations.
Sec. 914.16 [Amended]
3. In Section 914.16, paragraph (bb) is removed and reserved.
[FR Doc. 95-27806 Filed 11-8-95; 8:45 am]
BILLING CODE 4310-05-M
