[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22961]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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DEPARTMENT OF THE INTERIOR
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 Control and Reclamation Act of 1977
(SMCRA). The proposed amendment (#94-3) consists of revisions to the
Indiana rules concerning performance standards for restoring soil
productivity for surface coal mining and reclamations under IC 13-4.1.
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. October
17, 1994. If requested, a public hearing on the proposed amendment will
be held on October 11, 1994. Requests to speak at the hearing must be
received by 4:00 p.m., E.S.T. on October 3, 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 contacting 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 January 4, 1993 (Administrative Record Number IND-
1193), Indiana submitted a proposed amendment (#93-1) intended to
address the required program amendments concerning revegetation at 30
CFR 914.16 (i), (j), (k), (l), and (m). See 57 FR 41869 (September 14,
1982), and 57 FR 22653 (May 29, 1992) for background on these required
amendments. The amendments submitted on January 4, 1993, were reviewed
and approved by the Director on August 2, 1993 (58 FR 41039).
By letter dated August 11, 1994 (Administrative Record Number IND-
1392), Indiana submitted formal program amendment #94-3. The proposed
program amendment concerns the performance standards for restoring soil
productivity for surface coal mining and reclamation operations under
IC 13-4.1.
In its submittal of this amendment, Indiana stated all of the
rules, except 310 IAC 12-4-16, were submitted in a previous package
(amendment #93-1) and their amended language was approved by OSM at 58
FR 41039 (August 2, 1993). In addition, 310 IAC 12-5-145, which was
part of amendment #93-1 has been excluded from this submittal. Indiana
stated that as a result of ongoing Federal litigation over the language
of the previously-submitted subsection (c) of 310 IAC 12-5-145, the
Indiana Division of Reclamation feels that this rule, as printed at 15
Indiana Register (IR) 2167, is adequate and effective, and that 310 IAC
12-5-145 will not be resubmitted.
Only those provisions which differ from those amendments approved
by OSM in the August 2, 1992, Federal Register notice are considered by
OSM to be amendments subject to public review and comment under this
announcement. The proposed amendments are summarized below.
1. 310 IAC 12-4-16 Performance Bond Release; Requirements
Subdivision 16(c)(3)(A) is amended by deleting the work ``or'' and
replacing that word with ``and.'' As amended, subdivision 16(c)(3)(A)
provides that Phase III bond may be released only after: (A) the
operator has successfully completed all surface coal mining and
reclamation activities required in IC 13-4.1, 310 IAC 12, ``and'' the
permit.
2. 310 IAC 12-5-145 Prime Farmland; Special Performance Standards
Indiana is proposing to delete subsection 145(c) which was approved
by OSM on August 2, 1994 (58 FR 41039). Deleted subsection 145(c)
contains the following language: ``Soil reconstruction shall be carried
out in accordance with the specifications of the Soil Conservation
Service of the United States Department of Agriculture establishing
prime farmland soil reconstruction specifications for Indiana.''
In its submittal of this amendment Indiana stated that the language
quoted above was omitted because of ongoing litigation concerning the
language of subsection 145(c). The litigation to which Indiana referred
in its submittal of #94-3 is Indiana Coal Council, Inc. vs. Babbitt,
No. IP93-1328-C (S.D. Ind. filed October 1, 1993).
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 October 3, 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 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.
List of Subjects in 30 CFR Part 914
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 12, 1994.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-22961 Filed 9-15-94; 8:45 am]
BILLING CODE 4310-05-M
