[Federal Register Volume 64, Number 97 (Thursday, May 20, 1999)]
[Proposed Rules]
[Pages 27484-27487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12645]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-129-FOR; State Program Amendment No. 98-2]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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[[Page 27485]]
SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Indiana regulatory
program (Indiana program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Indiana proposes revisions to its
rules concerning permitting, collateral bonds, performance bond
release, and citizen's request for state inspections. The revisions
mostly relate to public participation and administrative requirements.
Indiana intends to revise its program to be consistent with the
corresponding Federal regulations.
This document gives the times and locations that the Indiana
program and amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments until 4:00 p.m., e.s.t., June
21, 1999. If requested, we will hold a public hearing on the amendment
on June 14, 1999. We will accept requests to speak at the hearing until
4:00 p.m., e.s.t. on June 4, 1999.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Andrew R. Gilmore, Director,
Indianapolis Field Office, at the address listed below.
You may review copies of the Indiana program, the amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Indianapolis Field Office.
Andrew R. Gilmore, 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) 226-6700.
Indiana Department of Natural Resources, Bureau of Mine
Reclamation, 402 West Washington Street, Room W-295, Indianapolis,
Indiana 46204, Telephone: (317) 232-1291.
Indiana Department of Natural Resources, Division of Reclamation,
R.R. 2, Box 129, Jasonville, Indiana 47438-9517, Telephone: (812) 665-
2207.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office. Telephone: (317) 226-6700. Internet:
[email protected]
SUPPLEMENTARY INFORMATION:
I. Background on the Indiana Program
On July 29, 1982, the Secretary of the Interior conditionally
approved the Indiana program. You can find background information on
the Indiana program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the July 26,
1982, Federal Register (47 FR 32107). You can find later actions on the
Indiana program at 30 CFR 914.10, 914.15, 914.16, and 914.17.
II. Description of the Proposed Amendment
By letter dated May 7, 1999 (Administrative Record No. IND-1647),
the Indiana Department of Natural Resources (IDNR) sent us an amendment
to the Indiana program under SMCRA. The IDNR sent the amendment at its
own initiative. The IDNR proposes to amend the Indiana Administrative
Code (IAC) at 310 IAC 12-3, 12-4, and 12-6. Below is a summary of the
changes proposed by Indiana. The full text of the proposed program
amendment is available for your inspection at the locations listed
above under ADDRESSES.
1. 310 IAC 12-3-109 Permit Applications; Informal Conferences
Section 109 of the Indiana rules at 310 IAC 12-3 contains the
administrative requirements and public participation aspects for
informal conferences relating to permit applications.
a. The IDNR revised the first sentence of subsection (a) to read as
follows:
Any person having an interest that is or may be adversely
affected by the decision on the application or an officer or a head
of a federal, state, or local government agency or authority may
request, in writing, that the director hold an informal conference
on the application for a permit, significant revision to the permit,
or renewal of a permit.
b. The IDNR revised subsection (a)(3) to require a person
requesting an informal conference to file the request with the director
of IDNR no later than thirty (30) days after the last publication of
the newspaper advertisement required under section 106(a) of this rule.
c. The IDNR revised subsection (b)(1) to require that the informal
conference be held in the locality of the proposed surface coal mining
and reclamation operation if requested under subsection (a)(2).
d. The IDNR revised subsection (b)(2) to require the director of
IDNR to send the date, time, and location of the informal conference to
the applicant and other parties to the conference. The director must
also advertise this information in a newspaper of general circulation
in the locality of the proposed surface coal mining and reclamation
operation at least two weeks before the scheduled conference.
e. The IDNR revised subsection (b)(3) to allow the director of IDNR
to arrange with the applicant ``access to the proposed permit area,
and, to the extent that the applicant has the right to grant access to
it, to the adjacent area prior to the established date of the
conference.''
f. The IDNR added the following new sentence to subsection (b)(4):
The requirements of IC 4-21.5-3 shall not apply to the conduct
of the informal conference.
g. The IDNR revised subsection (c) to read as follows:
If all parties requesting the informal conference withdraw their
request before the conference is held, the informal conference may
be canceled.
h. The IDNR revised subsection (d) to read as follows:
Informal conferences held in accordance with this section may be
used by the director as the public hearing required under 310 IAC
12-2-2(e) on proposed relocation or closing of public roads.
2. 310 IAC 12-3-114 Permit Applications; Permit Approval or Denial
Actions
Section 114 of the Indiana rules at 310 IAC 12-3 contains the
requirements relating to the actions the director of IDNR must take in
approving or denying permit applications.
a. To comply with the formatting guidelines of the Indiana
Legislative Services Agency and with recodification of the Indiana
Code, the IDNR made citation reference changes in subsections (b)(1)
and (b)(2). At subsection (b)(1), the IDNR replaced the existing
reference to ``subsection (b)(2)'' with a reference to ``subdivision
(2).'' At subsection (b)(2), the IDNR replaced the existing reference
to ``IC 13-4.1'' with a reference to ``IC 14-34.''
b. The IDNR revised subsection (e)(1) to require the director of
IDNR to give a copy of the permit application decision to the local OSM
office.
3. 310 IAC 12-3-115 Permit Applications; Permit Terms
Section 115 of the Indiana rules at 310 IAC 12-3 contains
requirements relating to permit terms. It requires the director of IDNR
to issue all permits for a term not to exceed five years except under
certain conditions. It also requires permittees to begin mining within
three years of permit issuance except under certain conditions.
The IDNR revised subsection (b) by requiring permittees to submit a
written
[[Page 27486]]
statement showing that an extension of time for commencement of
operations is necessary.
4. 310 IAC 12-4-12 Collateral Bonds
Section 12 of the Indiana rules at 310 IAC 12-4 contains the
conditions for using collateral bonds as performance bonds to guarantee
reclamation of mined lands. The IDNR revised section 12 by adding new
subsection (c) as follows:
Persons with an interest in collateral posted as bond, and who
desire notification of actions pursuant to the bond, shall request
the notification, in writing, to the director at the time the
collateral is offered.
5. 310 IAC 12-4-16 Performance Bond Release
Section 16 of the Indiana rules at 310 IAC 12-4 contains
requirements and conditions that a permittee must meet when filing a
request for release of the performance bond or deposit used to
guarantee reclamation of mined land.
a. To comply with the recodification of the Indiana Code, the IDNR
made citation reference changes in subsections (c), (c)(2), and
(c)(3)(A). The IDNR replaced the existing reference to ``IC 13-4.1''
with a reference to ``IC 14-34.''
b. The IDNR revised subsection (d) to read as follows:
If the director disapproves the application for release of the
bond or portion thereof, the director shall notify the permittee,
the surety, and any person with an interest in collateral as
provided for in section 12 of this rule, in writing, stating the
reason for disapproval and recommending corrective actions necessary
to secure the release and allowing an opportunity for a public
hearing.
6. 310 IAC 12-6-2 Citizen's Request for State Inspections
Section 2 of the Indiana rules at 310 IAC 12-6 contains
requirements relating to inspections conducted as a result of
information received from any person that gives the director of IDNR
reason to believe that an operation is in violation.
a. At subsection (a), the IDNR replaced the citation references to
``IC 13-4.1 and 310 IAC 12'' with references to ``IC 14-34 and this
article.''
b. The IDNR revised section 2 by adding new subsection (e) to read
as follows:
The identify of any person supplying information to the director
relating to a possible violation or imminent danger or harm shall
remain confidential with the director, if requested by that person,
unless: (1) that person elects to accompany the inspector on the
inspection; or (2) disclosure is required under IC 5-14-3.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Indiana program.
Written Comments
Your written comments should be specific and pertain only to the
issues proposed in this rulemaking. You should explain the reason for
any recommended change. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record any
comments received after the time indicated under DATES or at locations
other than the Indianapolis Field Office.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on
June 4, 1999. We will arrange the location and time of the hearing with
those persons requesting the hearing. If you are disabled and need
special accommodations to attend a public hearing, contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing
will not be held if no one requests an opportunity to speak at the
public hearing.
You should file a written statement at the time you request the
hearing. This will allow us to prepare responses and appropriate
questions. The public hearing will continue on the specified date until
all persons scheduled to speak have spoken. If you are in the audience
and have not been scheduled to speak and wish to do so, you will be
allowed to speak after those who have been scheduled. We will end the
hearing after all persons scheduled to speak and persons present in the
audience who wish to speak have spoken.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. If you wish
to meet with us to discuss the amendment, request a meeting by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings are open to the public and, if possible, we will post
notices of meetings at the locations listed under ADDRESSES. We also
make a written summary of each meeting a part of the Administrative
Record.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review under Executive Order 12866 (Regulatory Planning and Review).
Executive Order 12988
The Department of the Interior conducted the reviews required by
section 3 of Executive Order 12988 (Civil Justice Reform) and
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 State regulatory
programs and program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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. Therefore, this rule will ensure that existing requirements
previously published by OSM will be implemented
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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.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 13, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-12645 Filed 5-19-99; 8:45 am]
BILLING CODE 4310-05-P
