[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17284]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
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 Reclamation Act of 1977 (SMCRA).
The proposed amendment (#93-2 Continuation) consists of revisions to
the Indiana rules concerning show cause orders and adjudicative
proceedings for the suspension and revocation of permits. The amendment
is intended to revise the Indiana program to be consistent with SMCRA
and the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., E.S.T. August
15, 1994. If requested, a public hearing on the proposed amendment will
be held on August 9, 1994. Requests to speak at the hearing must be
received by 4:00 p.m., E.S.T. on August 1, 1994.
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 contracting OSM's Indianapolis Field Office.
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.
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 32071). 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 Amendment
By letter dated June 15, 1994 (Administrative Record No. IND-1374),
Indiana submitted the final-adopted language of program amendment #93-2
concerning show cause orders and adjudicative proceedings for the
suspension or revocation of permits. OSM published a final rule notice
approving, with an exception, Indiana's program amendment #93-2 on
November 18, 1993 (58 FR 60783). In that notice, OSM required, at 30
CFR 914.16(d), an amendment to the Indiana program. Indiana's submittal
of the final-adopted language of amendment #93-2 contains Indiana's
response to the required program amendment at 30 CFR 914.16(d) and
other changes made by Indiana. Since Indiana's final adoption of
amendment #93-2 occurred after OSM published its approval of #93-2, any
changes Indiana made to the language approved by OSM on November 18,
1993, must be considered by OSM to be the subject of a new proposed
amendment. In addition to nonsignificant wording and paragraph notation
changes, the proposed amendments are summarized as follows.
1. 310 IAC 0.6-1-5 Petition for Review; Response
Indiana is making numerous changes to this section. Subsection 5(c)
is rewarded to provide that when the director of the Indiana Department
of Natural Resources (IDNR) determines that a permit issued pursuant to
IC 13-4.1 and 310 IAC 12 should be suspended or revoked, the director
of the IDNR (or a delegate of the director) shall issue to the
permittee an order to show cause why the permit should not be revoked
or suspended. Deleted from this paragraph is reference to IC 4-21.5-3-
8.
In subsection 5(c)(2), the words ``alleged in the order to show
cause'' are added after the word ``violations.''
In subsection 5(c)(2)(B) a reference to 310 IAC 12 is added at the
end of the sentence.
In subsection 5(e), the first sentence is reworded by referring to
``an order to show cause.'' The word ``service'' is deleted and
replaced by ``permittee's receipt of the order to show cause.''
Subsection 5(e)(1) is amended by deleting the words ``as described
in'' following the word ``violations.'' Reference to 310 IAC 12 is
added following the second reference to IC 13-4.1.
The language in 5(e)(1)(A) is amended to provide ``that the facts
alleged in the order to show cause constitute a pattern of
violations.''
In subsection 5(e)(1)(C), the words ``to comply with IC 13-4.1, 310
IAC 12, or any permit condition required by IC 13-4.1 or 310 IAC 12''
are added at the end of the clause.
Subsection 5(f) is amended by replacing the word ``response'' with
``an answer.'' The word ``permittee's'' is added before the word
``receipt.'' ``Show cause order'' has been amended to read ``order to
show cause.''
In subsection 5(g)(1), ``a response'' is replaced by ``an answer.''
A new second sentence is added to read ``[t]he proceeding is commenced
when the permittee files an answer under subsection (e).'' In the third
sentence the phrase ``complaint and proposed order'' is changed to
``order to show cause.''
Subsection 5(g)(2) is amended to provide that the administrative
law judge (ALJ) shall ``issue findings and a written recommendation to
the commission that the permit either'' be suspended or revoked. Prior
to this change, the language provided that the ALJ shall ``order the
permit either suspended or revoked.'' The second sentence is amended to
provide ``[i]n issuing findings and a written recommendation to the
commission'' the listed standards shall apply.
Subsection 5(g)(2)(C) provides that the ALJ shall comply with the
requirements of IC 4-21.5-3-27(a) through IC 4-21.5-3-27(d) and IC 4-
21.5-3-27(g). The provisions of IC 4-21.5-3-27(e) and IC 4-21.5-3-27(f)
shall not apply to show cause proceedings.
New subsection 5(g)(2)(D) provides that any time prior to the
conclusion of the hearing of record, the ALJ may allow the parties to
submit briefs and proposed findings.
New subsection 5(g)(3) sets ten-day standards for the written
recommendations of the ALJ following a hearing or following the
permittee's answer if no hearing is requested.
New subsection 5(g)(4) limits the filing of objections to a
director's recommendation under 310 IAC 0.6-1-5(f) if a person did not
comply with 310 IAC 0.6-1-5(e) concerning contesting an order to show
cause. In addition, this provision provides ``[u]nder IC 13-4.1-11-
6(c), the administrative law judge shall issue the findings and a non-
final order within 60 days after conclusion of the hearing.''
Subsection 5(h) is amended to set a 50-day standard for the final
order of the commission following the issuance of the director's
recommended order to the ALJ findings and written recommendations.
Amendments also set a 90-day standard for the commission's final order
following receipt of the order to show cause by the permittee where the
permittee does not comply with the requirements of 310 IAC 0.6-1-5(e).
A 60-day standard is set for the commission's final order following the
hearing or the ALJ's receipt of the permittee's answer filed under 310
IAC 0.6-1-5(e) if no hearing was requested or necessary.
Subsection 5(i) is amended by replacing ``administrative law
judge'' with ``commission'' and adding a reference to 310 IAC 12 at the
end of the first sentence.
Old subsection 5(j), which limited the number of hearings available
to one before the director and one before the commission, is deleted.
2. 310 IAC 0.6-1-13 Awards of Litigation Expenses
Subsection 13(c) is amended by changing ``IC 13-8-5-7'' to read
``IC 13-8-15-7.''
3. 310 IAC 0.7-3-5 Delegations
Subsection 5(c) is deleted. This provision would grant the deputy
director of the IDNR authority to take action to forfeit a bond.
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 August 1, 1994. 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.
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 program 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 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: July 11, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-17284 Filed 7-14-94; 8:45 am]
BILLING CODE 4310-05-M
