[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65611-65613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30948]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[IN-110, Amendment Number 93-7, Part II]
Indiana Permanent Regulatory Program Amendment
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: OSM is announcing receipt of additional changes to an
amendment previously submitted by Indiana as a modification to the
State's permanent regulatory program (hereinafter referred to as the
Indiana program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). The changes add new language concerning minor field
revisions to the second of three subparts of the original amendment.
The changes are intended to incorporate language desired by the State.
This notice sets forth the times and locations that the Indiana
program and the proposed amendment to that program will be available
for public inspection, the comment period during which interested
persons may submit written comments on the proposed amendment, and the
procedures that will be followed for a public hearing, if one is
requested.
DATES: Written comments must be received on or before 4:00 p.m. on
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January 4, 1996; if requested, a public hearing on the proposed
amendment is scheduled for 1:00 p.m. on January 3, 1996; and requests
to present oral testimony at the hearing must be received on or before
4:00 p.m. on January 2, 1996.
ADDRESSES: Written comments and requests to testify at the hearing
should be directed to Mr. Roger W. Calhoun, Director, Indianapolis
Field Office, at the address listed below. If a hearing is requested,
it will be held at the same address.
Copies of the Indiana program, the amendment, a listing of any
scheduled public meetings, and all written comments received in
response to this notice will be available for public review at the
following locations, during normal business hours, Monday through
Friday, excluding holidays:
Office of Surface Mining Reclamation and Enforcement, Indianapolis
Field Office, Minton-Capehart Federal Building, 575 North Pennsylvania
Street, Room 301, Indianapolis, IN 46204. Telephone: (317) 226-6166.
Indiana Department of Natural Resources, 402 West Washington Street,
Room 295, Indianapolis, IN 46204. Telephone: (317) 232-1547.
Each requester may receive, free of charge, one copy of the
proposed amendment by contacting the OSM Indianapolis Field Office.
FOR FURTHER INFORMATION CONTACT: Mr. Roger W. Calhoun, Director,
Telephone (317) 226-6166.
SUPPLEMENTARY INFORMATION:
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. Discussion of the Proposed Amendments
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 on September 20, 1989 (Regulatory Reform
III), that a number of Indiana regulations 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 a 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, 1995 (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. OSM
approved the amendments contained in subpart I on November 9, 1995 (60
FR 56516).
By letter dated May 5, 1995 (Administrative Record Number IND-
1462), Indiana submitted additional minor changes to subpart II of
amendment 93-7, and added a new subparagraph at 301 IAC 12-3-121(d)
concerning minor field revisions.
Indiana proposes to add the following language.
310 IAC 12-3-121(d).
If the director determines on a case-by-case basis or by policy
guidelines that the conditions of paragraph (c) of this section are met
and that the proposed change does not require technical review or
design analysis, the proposed change may be approved as a minor field
revision by the field inspector in the inspection report or on a form
signed in the field. Minor field revisions must be properly documented
and separately filed and may include, but are not necessarily limited
to, the following:
(1) Soil stockpile locations and configurations.
(2) As-built pond certifications.
(3) Minor transportation facilities changes.
(4) Pond depth/shape/orientation.
(5) Temporary drainage control/water storage areas.
(6) Equipment changes.
(7) Explosive storage areas.
(8) Minor mine management/support facility locations (not refuse).
(9) Adding United States Soil Conservation Service conservation
practices.
(10) Methods of erosion protection on diversions.
(11) Temporary cessation orders.
(12) Minor diversion location changes.
III. Public Comment Procedures
In accordance with provisions of 30 CFR 732.17(h), OSM is now
seeking comment on whether the amendment proposed by Indiana satisfies
the requirements of 30 CFR 732.15 for the approval of State program
amendments. If the amendment is deemed adequate, it will become part of
the Indiana program.
Written Comments
Written comments should be specific, pertain only to 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 comment at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by the close of
business on January 2, 1996. If no one requests an opportunity to
comment at a 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 comment have been heard.
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Persons in the audience who have not been scheduled to comment and who
wish to do so will be heard following those scheduled. The hearing will
end after all persons who desire to comment have been heard.
Public Meeting
If only one person requests an opportunity to comment 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 at the Indianapolis Field Office 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 in advance at the locations listed above under
ADDRESSES. A summary of the meeting will be included in the
Administrative Record.
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget under Executive Order 12866.
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 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 the Office of Management and Budget 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. Hence, 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: December 12, 1995.
Allen D. Klein,
Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 95-30948 Filed 12-19-95; 8:45 am]
BILLING CODE 4310-05-M
