[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Rules and Regulations]
[Pages 17637-17638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8583]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[IN-121; Amendment 94-7]
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 the Indiana Surface Coal Mining rules
pertaining to the backfilling and grading of surface coal mining and
reclamation operations. The amendment is intended to provide additional
safeguards and clarify ambiguities.
EFFECTIVE DATE: April 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, OSM, Minton-
Capehart Federal Building, Room 301, Indianapolis, Indiana 46204.
Telephone: (317) 232-1547.
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 29,
1982, Federal Register (47 FR 32071). Subsequent actions concerning
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 January 31, 1995, (Administrative Record No. IND-
1420) Indiana submitted a proposed amendment to its program pursuant to
SMCRA at its own initiative. Indiana proposed to revise 310 IAC 12-5-
54.1--Surface Mining: Backfilling and Grading, Timing Limitations.
OSM announced receipt of the proposed amendment in the February 17,
1995, Federal Register (60 FR 9313), 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 March 20, 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 organizational changes resulting from this amendment.
310 IAC 12-5-54.1--Surface Mining: Backfilling and Grading, Timing
Limitations
Indiana is revising subsection (a) to make several nonsubstantive
wording changes. At subsection (a)(1), Indiana is requiring that
backfilling and grading in [[Page 17638]] mining operations that
involve spoil ridges be accomplished in 180 days of deposition,
provided that no more than four spoil ridges remain at any one time.
The current regulations specify that no more than an average of four
spoil ridges by length remain.
Indiana is revising subsection (b) to make two nonsubstantive
wording changes and to correct a cross-reference.
Indiana is revising subsection (c) to make two nonsubstantive
wording changes and to delete the requirement that requests for an
extension of the timing limitation for more than one year be approved
by the Natural Resources Commission.
The corresponding Federal regulations at 30 CFR 816.101 were
suspended effective August 31, 1992 (57 FR 33875). Therefore, States
may adopt backfilling and grading time and distance standards which
result in contemporaneous mining and reclamation as required by 30 CFR
816.100. The Director finds the proposed revisions at 310 IAC 12-5-54.1
no less effective than the Federal requirements for contemporaneous
reclamation at 30 CFR 816.100 and 817.100.
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 interests in the Indiana program. No comments
were received.
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.
V. Director's Decision
Based on the above finding, the Director approves the proposed
amendment as submitted by Indiana on January 31, 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
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: March 30, 1995.
David G. Simpson,
Acting Assistant Director, Eastern Support 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 (hhh) to read as
follows:
Sec. 914.15 Approval of regulatory program amendments.
* * * * *
(hhh) The following amendment (Program Amendment Number 94-7) as
submitted to OSM on January 31, 1995 is approved effective April 7,
1995: 310 IAC 12-5-54.1 concerning timing limitations for backfilling
and grading of surface coal mining and reclamation operations.
[FR Doc. 95-8583 Filed 4-6-95; 8:45 am]
BILLING CODE 4310-05-M
