[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Proposed Rules]
[Pages 29365-29367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14272]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-144-FOR]
Indiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Indiana regulatory program (hereinafter the ``Indiana program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to and additions of statutes
pertaining to definitions, permit conditions, and permit revisions. The
amendment is intended to revise the Indiana program to improve
operational efficiency.
This document sets forth the times and locations that the Indiana
program and proposed amendment to that program are 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 regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., e.s.t., June 29,
1998. If requested, a public hearing on the proposed amendment will be
held on June 23, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., e.s.t. on June 15, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Andrew R. Gilmore, Director,
Indianapolis Field Office, at the address listed below
Copies of the Indiana program, the proposed amendment, a listing of
any scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed 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, 402 West Washington
Street, Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-
1547.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office, Telephone: (317) 226-6700.
SUPPLEMENTARY INFORMATION:
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 32107). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
914.10, 194.15, and 194.15.
II. Description of the Proposed Amendment
By letter dated May 14, 1998 (Administrative Record No. IND-1606),
Indiana submitted a proposed amendment to its program pursuant to
SMCRA. Indiana submitted the proposed amendment at its own initiative.
The amendment pertains to revisions of and additions to the Indiana
Code (IC) made by House Enrolled Act (HEA) No. 1074. HEA No. 1074 was
passed through the Indiana Legislature and signed by the Governor of
Indiana on March 12, 1998. Only those portions of HEA No. 1074 that
pertain to Articles 14-8 and 14-34 are being considered in this
document. The full text of the proposed program amendment submitted by
Indiana is available for public inspection at the locations listed
above under ADDRESSES. A discussion of the proposed amendment is
presented below.
1. IC 14-8-2-117.3, Definition for ``Governmental Entity''
Indiana proposes the following definition: ``Governmental entity,
for the purposes of IC 14-22-10-2 and IC 14-22-10.2.5, has the meaning
set forth in IC 14-22-10-2(a).''
2. IC 14-34-4-18, Permit Conditions
Indiana identified the existing provision as subsection (a) and
added the following new provision at subsection (b):
The director may issue a permit subject to the condition that
the permittee obtain or maintain in force other licenses or permits
required for the surface coal mining and reclamation operation.
However, the imposition of a condition under this subsection does
not authorize or require the director to administer or enforce the
requirements of any federal law or of any state law other than this
article.
3. IC 14-34-5-7, Permit Revisions
The existing provisions in subsections (a) and (b) were removed and
the following new provisions were added:
(a) A change in mining or reclamation operations from the
approved mining and reclamation plans that would adversely affect
the permittee's compliance with this article is a permit revision
subject to review and approval as provided in this section and
sections 8 through 8.4 of this chapter.
(b) A permit revision is either: (1) A significant revision
subject to sections 8 and 8.1 of this chapter; (2) a nonsignificant
revision subject to sections 8.2 and 8.3 of this chapter; or (3) a
minor field revision subject to section 8.4 of this chapter.
(c) Permit revisions may be approved by: (1) The director; or
(2) the director's designated representative.
(d) A permit revision may not be approved unless the permittee
demonstrates and the director or the director's designated
representative finds the following:
(1) That reclamation as required by this article and by the
rules adopted by the commission under IC 14-34-2-1 can be
accomplished.
(2) That applicable requirements of IC 14-34-4-7 that are
pertinent to the permit revision are met.
(3) That the permit revision complies with all applicable
requirements of this article and the rules adopted by the commission
under IC 14-34-2-1.
[[Page 29366]]
4. IC 14-34-5-8, Permit Revisions
Indiana proposes to remove the language ``as defined in the rules
adopted under section 6 of this chapter'' and to add the language ``or
minor field revisions'' after the phrase ``based only on nonsignificant
revisions.''
5. IC 14-34-5-8.1, Significant Permit Revisions
Indiana proposes to add a new section that defines significant
permit revisions. A proposed revision of a permit is significant if any
of eight conditions exists. The conditions include: adverse impacts
affecting cultural resources, blasting operations, water supply,
handling of toxic forming or acid forming materials, and fish and
wildlife; the addition of a coal processing facility or a permanent
support facility; the changes will cause a new or an updated probable
hydrologic consequences determination or cumulative hydrologic impact
analysis; or a postmining land use will be changed to a residential
land use, a commercial or industrial land use, a recreational land use,
or developed water resources.
6. IC 14-34-5-8.2, Nonsignificant Permit Revisions
Indiana proposes to add a new section that defines nonsignificant
permit revisions. A proposed revision of a permit is nonsignificant if
any of five conditions exist. The conditions include: (1) For surface
mines, changes in the direction of mining or location of mining
equipment; (2) substitution of mining equipment designed for the same
purpose; (3) for underground mines, any change in the direction or
location of mining within the permit area or shadow area in response to
unanticipated events; (4) a postmining land use other than a change
described in section 8.1; or (5) any other change in the mining or
reclamation plan that will not have a significant effect on achievement
of final reclamation plans, on subsidence control plans, and on the
surrounding area, that does not involve significant delay in achieving
final reclamation or significant change in the land use, or that is
necessitated by unanticipated and unusually adverse weather conditions,
other acts of God, strikes, or other cause beyond the reasonable
control of the permittee.
7. IC-14-34-5-8.3, Nonsignificant Permit Revisions
Indiana proposes to require that a nonsignificant revision in a
mining or reclamation plan must be reviewed and approved in writing by
the director before it may be implemented.
8. IC 14-34-5-8.4, Minor Field Revisions
Indiana's proposed new section adds provisions for approval of
minor field revisions by an inspector in the field. Subsection (a)
defines minor field revisions as those that do not require technical
review or design analysis and are capable of being evaluated in the
field by the director's designated delegate for compliance with section
14-34-5-7(d). Subsection (b) allows a minor field revision to be
approved by a field inspector in an inspection report or on a form
signed in the field. Subsection (c) provides examples of the types of
minor field revisions allowed, including soil stockpile location and
configuration, as-built pond certifications, minor transportation
facility changes, pond depth, shape, and orientation, an area for
temporary drainage control or temporary water storage, equipment
changes, explosive storage areas, minor mine management or support
facility locations, adding United States Natural Resources Conservation
Service conservation practices, methods of erosion protection on
diversions, temporary cessation of mining, and minor diversion location
changes.
9. IC 14-34-5-8.5, Permit Area Extensions
Indiana's proposed statute provides that an extension of the area
covered by a permit, except for an incidental boundary revision, must
be made by applying for a new permit.
10. IC-14-34-5-8.6, Incidental Boundary Revisions
This proposed statute addresses the requirements for incidental
boundary revisions. Subsection (a) provides that five conditions must
apply before an extension is considered an incidental boundary
revision: (1) The extension may not constitute a significant revision
to the method of conduct of mining or reclamation operations; (2) the
extension must be required for the orderly and continuous mining and
reclamation operation; (3) the extension must adjoin the permit or
shadow area acreage; (4) the extended area must be mined and reclaimed
in conformity with the approved permit plans; and (5) the area of the
extension may not exceed the lesser of 10 percent of the area
originally covered by the permit or 20 acres.
Subsection (b) requires that the aggregate of all incidental
boundary revisions of a permit may not exceed the area originally
covered by the permit by more than 15 percent, unless the director
finds that all other provisions of this section are met and the
interests of the public are not adversely affected.
Subsection (c) provides that the aggregate of all incidental
boundary revisions of a permit that involve coal removal may not exceed
the area originally covered by the permit by more than 10 percent.
Subsection (d) specifies the application requirements for
incidental boundary revisions, including size of the area, pre- and
post-mining land uses, maps, proof of the permittee's legal right to
enter and conduct surface coal mining and reclamation operations on the
area, necessary plans, and a statement pertaining to areas unsuitable
for mining.
Subsection (e) provides that an application for an incidental
boundary revision may not be approved unless the applicant demonstrates
and the director finds that reclamation of the area can be accomplished
and that the application complies with all requirements of Article 34.
Subsection (f) requires the director to approve or deny an
incidental boundary revision of a permit within 30 days, unless the
director finds that more than 30 days are needed to adequately review
the application and make the findings required by subsection (e).
Subsection (g) specifies that section 14-34-5-8.6 does not alter
the requirements for the submission of fees and bonds.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Indiana program.
Written Comments
Written comments should be specific, pertain only to the 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 speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
e.s.t. on June 15, 1998. The location and time of the hearing will be
arranged with those persons requesting the hearing. Any
[[Page 29367]]
disabled individual who has need for a special accommodation to attend
a public hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT. If no one requests an opportunity to speak at the
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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
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. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting 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 at the
location listed under ADDRESSES. A written summary of each meeting will
be made a part of the Administrative Record.
IV. 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.
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
OSM has determined and certifies pursuant to 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 22, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-14272 Filed 5-28-98; 8:45 am]
BILLING CODE 4310-05-M
