[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Proposed Rules]
[Pages 28073-28075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13158]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[IN-126; Amendment Number 95-9]
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 referred to as the ``Indiana
program'') under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The proposed amendment consists of the addition of six
definitions to the Indiana Administrative Code (IAC) at 310 IAC 12.
These definitions pertain to acid mine drainage; augmented seeding,
fertilization, or irrigation; high level management; public building;
randomly located; and support facility. The proposed amendment is
intended to revise the Indiana program to be consistent with the
corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., e.d.t. June 29,
1995. If requested, a public hearing on the proposed amendment will be
held on June 26, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., e.d.t. on June 14, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Roger W. Calhoun, Director, Indianapolis
Field Office at the first 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.
Roger W. Calhoun, Director, Indianapolis Field Office, Office of
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, Room 301, Indianapolis, Indiana 46204, Telephone: (317) 226-
6166
Indiana Department of Natural Resources, 402 West Washington Street,
Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-1547
FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, Telephone: (317)
226-6166.
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, 914.15, and 914.16.
II. Discussion of the Proposed Amendments
By letter dated May 11, 1995, the Indiana Department of Natural
Resources (IDNR) submitted a proposed amendment to its program pursuant
to SMCRA (State program amendment number 95-9, administrative record
No. IND-1469). Indiana submitted the proposed amendment at its own
initiative. Amendment number 95-9 consists of the addition of six
definitions to article 310 IAC 12-0.5. The full text of the six
definitions is shown below.
1. 310 IAC 12-0.5-2 ``Acid Drainage'' defined
``Acid drainage'' means water with a Ph of less than six (6.0) and
in which total acidity exceeds total alkalinity, discharged from an
active, inactive, or abandoned surface coal mine and reclamation
operation or from an area affected by surface coal mining and
reclamation operations.
2. 310 IAC 12-0.5-14 ``Augmented Seeding, Fertilization, or
Irrigation'' Defined
``Augmented seeding, fertilization, or irrigation'' means seeding,
fertilizing, or irrigating in excess of normal agronomic practices
within the region.
3. 310 IAC 12-0.5-57 ``High Level Management'' defined
``High level management'' means that the following agronomic
practices must be implemented:
(1) Using cropping systems that help maintain good tilth and high
organic matter content.
(2) Controlling erosion through conservation and water management
practices so that the quality of the soil is maintained or improved
rather than reduced.
(3) Applying lime and fertilizer in accordance with soil test
recommendations of the state agricultural experiment station for
targeted yields of reference crops.
(4) Using crop residue to the fullest extent practicable to protect
and improve the soil.
(5) Following conservation tillage practices were needed to reduce
the hazards of soil compaction and erosion.
(6) Using only the crop varieties that are adapted to the climate
and the soil.
(7) Controlling weeds, plant diseases, and harmful insects by
currently accepted management techniques.
(8) Draining wet areas using surface or subsurface drainage systems
so that excess water on or in the soil does not restrict yields of
adapted crops.
310 IAC 12-0.5-95 ``Public Building'' defined
``Public building'' means a structure that is owned by a public
agency or used principally for public business meetings or other group
gatherings.
310 IAC 12-0.5-99 ``Randomly Located'' defined
``Randomly located'' means the selection of a location that is
statistically independent of all previous and future location
selections.
310 IAC 12-0.5-123 ``Support Facility'' defined
(a) ``Support facility'' means a facility resulting from, or
incidental to, an activity identified in section 125(1) of this rule
and the area upon which the facility is located.
(b) As used in subsection (a), ``resulting from or incidental to''
connotes an element of proximity to the activity.
(c) A support facility includes the following:
(1) Mine buildings.
(2) Bath houses.
(3) Coal loading facilities.
(4) Coal crushing and sizing facilities.
(5) Coal storage facilities.
(6) Equipment and storage facilities.
(7) Fan buildings.
(8) Hoist buildings.
(9) Sheds, shops, and other buildings.
(10) Facilities used to treat and store water for mine consumption.
(11) Railroads, surface conveyor systems, chutes, aerial tramways,
and other transportation facilities, but not including roads.
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. [[Page 28075]]
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., e.d.t.
on June 14, 1995. The location and time of the hearing will be arranged
with those persons requesting the hearing. If no one requests an
opportunity to testify 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.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
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
locations 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 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 has
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 States 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 Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 23, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-13158 Filed 5-26-95; 8:45 am]
BILLING CODE 4310-05-M
