[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44897-44899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22413]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 914
[SPATS No. IN-136-FOR; State Program Amendment No. 95-4]
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 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).
Indiana proposed revisions and additions to its rules pertaining to
repair or compensation for material damage resulting from subsidence
caused by underground coal mining operations and to replacement of
water supplies adversely impacted by coal mining operations. The
amendment is intended to revise the Indiana program to be consistent
with the corresponding Federal regulations.
EFFECTIVE DATE: August 25, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. 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.
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 January 14, 1997 (Administrative Record No. IND-
1551), Indiana submitted a proposed amendment to its program pursuant
to SMCRA. Indiana submitted the proposed amendment in response to a May
20, 1996, letter (Administrative Record No. IND-1540) that OSM sent to
Indiana in accordance with 30 CFR 732.17(c)
OSM announced receipt of the proposed amendment in the February 18,
1997. Federal Register (62 FR 7189), and in the same document opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on March 20, 1997.
During its review of the amendment, OSM identified some concerns
pertaining to minor word omissions and spelling and typographical
errors. OSM notified Indiana of these concerns by letter dated March
26, 1997 (Administrative Record No. IND-1562).
By letter dated May 1, 1997 (Administrative Record NO. IND-1570),
Indiana responded to OSM's concerns by stating that the necessary
corrections will be achieved pursuant to a published Errata. Based upon
the State's response and the nature of the concerns, OSM did not reopen
the comment period.
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
proposed 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.
A. Revisions to Indiana's Regulations That Are Substantively Identical
to the Corresponding Federal Regulations
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Topic State regulations Federal counterpart regulations
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Definition for ``Drinking, 310 IAC 12-0.5-39.5...................................... 30 CFR 701.5
domestic, or residential water
supply.
Definition for ``Material damage''. 310 IAC 12.05-72.1....................................... 30 CFR 701.5
Definition for ``Noncommercial 310 IAC 12.05-75.5....................................... 30 CFR 701.5
building''.
Definition for ``Occupied 310 IAC 12.0-77.5........................................ 30 CFR 701.5
residential dwelling and
structures related thereto''.
Definition for ``Replacement of 310 IAC 12.0.5-107.5..................................... 30 CFR 701.5
water supply''.
Protection of hydrologic balance... 310 IAC 12-3-81(c)(2).................................... 30 CFR 784.14(e)(3)(iv)
Subsidence control plan............ 310 IAC 12-3-87.1........................................ 30 CFR 784.20
Water rights and replacement....... 310 IAC 12-5-94.......................................... 30 CFR 817.41(j)
Subsidence control: General 310 IAC 12-5-130.1....................................... 30 CFR 817.121
requirements.
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that
Indiana's proposed rules are no less effective than the Federal rules.
IV. Summary and Disposition of Comments
Public Comments
The Director solicited public comments and provided an opportunity
for a public hearing on the proposed amendment. No public comments were
received, and because no one requested an opportunity to speak at a
public hearing, no hearing was held.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Indiana program (Administrative
Record No. IND-1553). OSM received two comments; one from the U.S.
Department of Labor Mine Safety and Health Administration and the other
from the U.S. Fish and Wildlife Service (Administrative Record Nos.
IND-1560 and IND-1559, respectively). The Mine Safety and Health
Administration responded that it had no comments on the proposed
amendment. The U.S. Fish and Wildlife Service commented that it could
not
[[Page 44898]]
determine if Indiana's regulations protect fish and wildlife habitats
from subsidence effects to the same extent that they are protected by
surface mining regulations. Indiana's proposed regulations concerning
subsidence are substantially identical to the Federal regulations and,
therefore, are not inconsistent with the Federal requirements. The
appropriateness of the Federal regulations is not at issue in this
rulemaking.
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
proposed 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 EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. IND-1553). 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 proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
IND-1553). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Indiana on January 14, 1997, and pursuant to
the State's letter dated May 1, 1997.
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 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
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 29, 1997.
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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Original amendment submission date Date of final publication Citation/description
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* * * * * *
*
January 14, 1997......................... August 25, 1997......................... 310 IAC 12-0.5-39.5, 72.1,
75.5, 77.5, 107.5; 12-3-
81, 87.1; 12-5-94, 130.1
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[FR Doc. 97-22413 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-05-M
