[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Rules and Regulations]
[Pages 43911-43913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20839]
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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: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving an amendment to the Indiana regulatory program (Indiana
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The Indiana Department of Natural Resources (IDNR) proposed
revisions to the Indiana program rules pertaining to permitting,
collateral bonds, performance bond release, and citizen's request for
state inspection. The revisions mainly relate to the public
participation and administrative requirements of these rules. Indiana
intends to revise its program to be consistent with the corresponding
Federal regulations.
EFFECTIVE DATE: August 12, 1999.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office, Office of Surface Mining, Minton-Capehart
Federal Building, 575 North Pennsylvania Street, Room 301,
Indianapolis, Indiana 46204-1521. Telephone (317) 226-6700. Internet:
[email protected]
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. 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. Submission of the Proposed Amendment
By letter dated May 7, 1999 (Administrative Record No. IND-1647),
the IDNR sent us an amendment to the Indiana program under SMCRA. The
IDNR sent the amendment at its own initiative. The IDNR proposed to
amend the Indiana Administrative Code (IAC) at 310 IAC 12-3, 12-4, and
12-6 regarding permit applications, collateral bonds, performance bond
release, and citizen's request for state inspection.
We announced receipt of the amendment in the May 20, 1999, Federal
Register (64 FR 27484). In the same document, we opened the public
comment period and provided an opportunity for a public hearing or
[[Page 43912]]
meeting on the adequacy of the amendment. The public comment period
closed on June 21, 1999. Because no one requested a public hearing or
meeting, we did not hold one.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings concerning the amendment.
1. Revisions to Indiana's Rules That Are Minor
The IDNR proposed minor wording, editorial, punctuation,
grammatical, and recodification changes to the previously-approved
State rules listed in the table below:
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Topic State rule Federal regulation
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Permit Approval or Denial Actions...... 310 IAC 12-3-114(b)....... 30 CFR 773.15(a).
Permit Approval or Denial Actions...... 310 IAC 12-3-114(f)....... 30 CFR 773.19(b)(2).
Collateral Bonds....................... 310 IAC 12-4-12(b)(4), 30 CFR 800.21(b).
(b)(6)(A)(ii).
Performance Bond Release............... 310 IAC 12-4-16(a), (c)... 30 CFR 800.40(a), (c).
Citizen's Request for State Inspections 310 IAC 12-6-2(a), (b), 30 CFR 842.12(a), (c).
(c).
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Because the proposed changes to the State rules listed above are
minor, we find that they will not make the Indiana rules less effective
than the counterpart Federal regulations.
2. Revisions to Indiana's Rules That Have the Same Meaning as the
Corresponding Provisions of the Federal Regulations.
The State rules listed in the table below contain language that is
the same as or similar to the corresponding sections of the Federal
regulations. Differences between the State rules and the Federal
regulations are minor.
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Topic State rule Federal regulation
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Permit Applications; Informal 310 IAC 12-3-109(a)....... 30 CFR 773.13(c)(1).
Conferences.
Permit Applications; Informal 310 IAC 12-3-109(b)....... 30 CFR 773.13(c)(2).
Conferences.
Permit Applications; Informal 310 IAC 12-3-109(c)....... 30 CFR 773.13(c)(3).
Conferences.
Permit Applications; Informal 310 IAC 12-3-109(d)....... 30 CFR 773.13(c)(4).
Conferences.
Permit Terms........................... 310 IAC 12-3-115(b)....... 30 CFR 773.19(e).
Collateral Bonds....................... 310 IAC 12-4-12(c)........ 30 CFR 800.21(f).
Performance Bond Release............... 310 IAC 12-4-16(d)........ 30 CFR 800.40(d).
Citizen's Request for State Inspections 310 IAC 12-6-2(e)......... 30 CFR 842.12(b).
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Because the above State rules have the same meaning as the
corresponding Federal regulations, we find that they are no less
effective than the Federal regulations.
3. 310 IAC 12-3-114(e) Notification of Permit Approval or Denial
Actions
The IDNR revised 310 IAC 12-3-114(e)(1) to require the director of
IDNR to give a copy of the permit application decision to the local OSM
office. This is consistent with the Federal regulation at 30 CFR
773.19(b)(3) that requires a State regulatory authority to issue
written notification of the permit application decision to the local
OSM office. With this revision, the Indiana rules at 310 IAC 12-3-
114(c) through (f) are no less effective than the Federal regulation at
30 CFR 773.19(b).
IV. Summary and Disposition of Comments
Public Comments
OSM requested public comments on the proposed amendment, but did
not receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Indiana program (Administrative Record No. IND-1648).
By letter dated June 8, 1999, the Mine Safety and Health Administration
(MSHA) commented that the proposed rules do not conflict with MSHA
regulations (Administrative Record No. IND-1655).
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards issued 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.). However, none of the revisions that
Indiana proposed to make in this amendment pertain to air or water
quality standards. Therefore, we did not ask the EPA to agree on the
amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. IND-1648). By letter
dated May 21, 1999, the EPA commented that it had reviewed the proposed
program amendment and had no comments to offer (Administrative Record
No. IND-1651).
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On May 13, 1999, we requested comments on Indiana's
amendment (Administrative Record No. IND-1648), but neither responded
to our request.
V. Director's Decision
Based on the above findings, we approve the amendment as sent to us
by Indiana on May 7, 1999. We approve the rules that Indiana proposed
with the provision that they be promulgated in identical form to the
rules submitted to and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 914, which codify decisions concerning the Indiana
program. We are making this final rule effective immediately to
expedite the State program amendment process and to encourage Indiana
to bring its program into conformity with the Federal standards. SMCRA
requires consistency of State and Federal standards.
[[Page 43913]]
VI. 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 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 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 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: July 28, 1999.
Charles E. Sandberg,
Acting 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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Original amendment submission Date of final
date publication Citation/description
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* * * *
* * *
May 7, 1999................... August 12, 1999.. 310 IAC 12-3-109(a)
through (d); 12-3-
114(b), (e), and
(f); 12-3-115(b); 12-
4-12(b)(4),
(b)(6)(A)(ii), and
(c); 12-4-16(a),
(c), and (d); 12-6-
2(a), (b), (c), and
(e).
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[FR Doc. 99-20839 Filed 8-11-99; 8:45 am]
BILLING CODE 4310-05-P
