[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
               Topic                                     State regulations                                   Federal counterpart regulations            
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.                                                                                                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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.

* * * * *

----------------------------------------------------------------------------------------------------------------
   Original amendment  submission date             Date of final publication             Citation/description   
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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  
----------------------------------------------------------------------------------------------------------------


[[Page 44899]]

[FR Doc. 97-22413 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-05-M