[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Rules and Regulations]
[Pages 39727-39729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19791]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-130-FOR; State Program Amendment No. 95-8]
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 an 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 its rules pertaining to permit application
requirements for reclamation plans, public availability of information,
and stream buffer zones. The amendment is intended to revise the
Indiana program to be consistent with the corresponding Federal
regulations.
EFFECTIVE DATE: July 24, 1998.
FOR FURTHER INFORMATION CONTACT: 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, Indiana 46204-1521. Telephone: (317)
226-6700. Internet: agilmore@osmre.gov.
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 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. Submission of the Proposed Amendment
By letter dated March 6, 1998 (Administrative Record No. IND-1596),
Indiana submitted a proposed amendment to its program pursuant to
SMCRA. Indiana submitted the amendment at its own initiative.
OSM announced receipt of the amendment in the April 6, 1998 Federal
Register (63 FR 16723), and in the same document opened the public
comment period and provided an opportunity for a public hearing or
meeting on the adequacy of the amendment. The public comment period
closed on May 6, 1998. Because no one requested a public hearing or
meeting, none was held.
During its review of the amendment, OSM identified concerns
relating to technical errors at 310 IAC 12-3-80(a), reclamation plan
requirements; 310 IAC 12-5-32(a)(1), water quality standards; and 310
IAC 12-5-32(a)(2), requirements for stream channel diversions. OSM
notified Indiana of these concerns by letter dated April 20, 1998
(Administrative Record No. IND-1603).
By electronic mail dated May 15, 1998 (Administrative Record No.
IND-1608), Indiana responded to OSM's concerns by stating that the
editorial errors at 310 IAC 12-3-80(a), 12-5-32(a)(1), and 12-5-
32(a)(2) would be corrected. Because no substantive revisions were made
to the amendment, OSM did not reopen the public comment period.
[[Page 39728]]
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
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.
Revisions to Indiana's Rules That Are Substantively Identical to the
Corresponding Provisions of the Federal Regulations
The proposed State rules discussed below contain language that is
the same as or similar to the corresponding sections of the Federal
regulations. Differences between the proposed State rules and the
Federal regulations are nonsubstantive.
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Topic State rules Federal counterpart regulation
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Reclamation plans--surface mining..... 310 IAC 12-3-46(a).......................................... 30 CFR 780.18(a).
Estimate of reclamation cost--surface 310 IAC 12-3-46(b)(2)....................................... 30 CFR 780.18(b)(2).
mining.
Final surface configuration plan-- 310 IAC 12-3-46(b)(3)....................................... 30 CFR 780.18(b)(3).
surface mining.
Soil removal/replacement plan--surface 310 IAC 12-3-46(b)(4)....................................... 30 CFR 780.18(b)(4).
mining.
Revegetation plan--surface mining..... 310 IAC 12-3-46(b)(5)....................................... 30 CFR 780.18(b)(5).
Soil testing plan--surface mining..... 310 IAC 12-3-46(b)(5)(g).................................... 30 CFR 780.18(b)(5)(vii).
Reclamation plan--underground mining.. 310 IAC 12-3-80(a).......................................... 30 CFR 784.13(a).
Estimate of reclamation cost-- 310 IAC 12-3-80(b)(2)....................................... 30 CFR 784.13(b)(2).
underground mining.
Final surface configuration plan-- 310 IAC 12-3-80(b)(3)....................................... 30 CFR 784.13(b)(3).
underground mining.
Soil removal/replacement plan-- 310 IAC 12-3-80(b)(4)....................................... 30 CFR 784.13(b)(4).
underground mining.
Revegetation plan--underground mining. 310 IAC 12-3-80(b)(5)....................................... 30 CFR 784.13(b)(5).
Public availability of information.... 310 IAC 12-3-110(f)......................................... 30 CFR 773.13(d)(3)(iii).
Information disclosure procedures..... 310 IAC 12-3-110(g)......................................... 30 CFR 773.13(d)(3).
Stream buffer zones--surface mining... 310 IAC 12-5-32(a).......................................... 30 CFR 816.57(a).
Marking of stream buffer zones-- 310 IAC 12-5-32(b).......................................... 30 CFR 816.57(b).
surface mining.
Stream buffer zones--underground 310 IAC 12-5-97(a).......................................... 30 CFR 817.57(a).
mining.
Marking of stream buffer zones-- 310 IAC 12-5-97(b).......................................... 30 CFR 817.57(b).
underground mining.
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Because the above revisions are identical in meaning to the
corresponding Federal regulations, the Director finds that Indiana's
rules are no less effective than the Federal regulations.
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the amendment, but none were
received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
amendment from various Federal agencies with an actual or potential
interest in the Indiana program (Administrative Record No. IND-1600).
On April 17, 1998, the U.S. Fish and Wildlife Service (FWS) responded
to OSM's request (Administrative Record No. IND-1604). The FWS
commented that 310 IAC 12-5-32(a)(1) and (a)(2) referred to underground
mining activities when they should in fact be referring to surface
mining activities. OSM notified Indiana of these concerns by letter
dated April 20, 1998 (Administrative Record No. IND-1603). Indiana
responded to OSM's concerns by electronic mail dated May 15, 1998
(Administrative Record No. IND-1608), stating that the editorial errors
at 12-5-32(a)(1) and (a)(2) would be corrected. The FWS also commented
that the addition of intermittent streams to the 100-foot disturbance
buffer constraint at 310 IAC 12-5-32(a) and 310 IAC 12-5-97(a) is a
``major improvement for protection of water quality and aquatic
resources.'' Finally, the FWS commented that compliance with State or
Federal water quality standards as required by 310 IAC 12-5-32(a)(1)
and 310 IAC 12-5-97(a)(1) should be consistent with the methodology
used by the Indiana Department of Environmental Management in its
reviews under Section 401 of the Clean Water Act. Indiana's regulations
at 310 IAC 12-5-32(a)(1) and 310 12-5-97(a)(1) are substantially
identical to the Federal regulations at 30 CFR 816.57(a)(1) and 30 CFR
817.57(a)(1), and therefore are not inconsistent with the Federal
requirements. The methodology used to ensure compliance is not at issue
in this rulemaking. However, a copy of the FWS comments were given to
Indiana for its consideration.
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
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 the
EPA's concurrence.
Pursuant to 30 CFR 732.17(h)(11)(i), OSM solicited comments on the
amendment from the EPA (Administrative Record No. IND-1600). The EPA
did not respond to OSM's request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on amendments which may have an effect on historic properties
from the SHPO and ACHP. OSM solicited comments on the amendment from
the SHPO and ACHP (Administrative Record No. IND-1600). Neither the
SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the amendment as
submitted by Indiana on March 6, 1998.
The Director approves the rules as proposed by Indiana with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM and the public.
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
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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 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
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.
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: July 9, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR part 914 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 in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 914.15 Approval of Indiana regulatory program amendments.
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Date of final
Original amendment submission date publication Citation/description
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* * * * * *
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March 6, 1998........................ July 24, 1998.......... 310 IAC 12-3-46(a), (b)(2) through (b)(5); 12-3-
80(a), (b)(2) through (b)(5); 12-3-110 (f),
(g); 12-5-32(a), (b); 12-5-97(a), (b).
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[FR Doc. 98-19791 Filed 7-23-98; 8:45 am]
BILLING CODE 4310-05-P
