[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Pages 47138-47141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23725]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-127-FOR; State Program Amendment No. 95-5]


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 to its rules pertaining to an exemption for 
coal extraction incidental to the extraction of other minerals. The 
amendment is intended to revise the Indiana program to be consistent 
with the corresponding Federal regulations.

EFFECTIVE DATE: September 8, 1997.

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.

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 7, 1997 (Administrative Record No. IND-1565), 
Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the proposed amendment in response to the 
required program amendments at 30 CFR 914.16(cc) and 914.16(dd). The 
proposed amendment revises the Indiana Administrative Code (IAC) at 310 
IAC 12-1 pertaining to an exemption for coal extraction incidental to 
the extraction of other minerals.
    OSM announced receipt of the proposed amendment in the April 29, 
1997, Federal Register (62 FR 23192), 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 proposed amendment. The 
public comment period closed on May 29, 1997. Because no one requested 
a public hearing or meeting, none was held.
    During its review of the amendment, OSM identified a concern 
relating to 310 IAC 12-1-7.1(a), public availability of information 
submitted for an exemption for coal extraction incidental to the 
extraction of other minerals. The proposed rule did not specify where 
the information would be made available. OSM notified Indiana of this 
concern by letter dated June 16, 1997 (Administrative Record No. IND-
1572).
    By letter dated July 11, 1997 (Administrative Record No. IND-1577), 
Indiana responded to OSM's concern by submitting a policy statement 
specifying where all public documents, including information submitted 
under 310 IAC 12-1, would be maintained for inspection and copying by 
the public. Because the additional information merely clarified the 
provision at 310 IAC 12-1-7.1(a), OSM did not reopen the public 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

[[Page 47139]]

notations to reflect organizational changes resulting from this 
amendment.

1. Revisions to Indiana's Rules That Are Substantively Identical to the 
Corresponding Provisions of the Federal Regulations

    The proposed State rules, pertaining to an exemption for coal 
extraction incidental to the extraction of other minerals, listed in 
the table 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.

------------------------------------------------------------------------
                                                     Federal regulation 
            Topic               State regulation         counterpart    
------------------------------------------------------------------------
Contents of application for   310 IAC 12-1-7(a)...  30 CFR 702.12,      
 exemption.                                          Introductory       
                                                     sentence           
Contents of application for   310 IAC 12-1-         30 CFR 702.12(o)(1) 
 exemption.                    7(a)(15)(A).                             
Revocation and enforcement..  310 IAC 12-1-11(b)..  30 CFR 702.17(b)    
Revocation and enforcement..  310 IAC 12-1-         30 CFR 702.17(c)(1) 
                               11(c)(1) and (2).     and (2)            
Revocation and enforcement..  310 IAC 12-1-         30 CFR 702.17(d)(1) 
                               11(d)(1) through      through (3)        
                               (3).                                     
------------------------------------------------------------------------

    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 
regulations.

2. 310 IAC 12-1-7(17) Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals; Contents of Application for Exemption.

    Indiana proposed to delete subdivision (17), which requires that 
information collected under the provision of section 12-1-7 be subject 
to the public availability of information provisions in 310 IAC 12-3-
17. As discussed below in Finding No. 3, Indiana proposed to add a new 
section at 310 IAC 12-1-7.1 that contains provisions pertaining to 
public availability of information that are substantively identical to 
the Federal regulations at 30 CFR 702.13. Therefore, the Director finds 
that the removal of subdivision (17) will not render the Indiana rules 
less effective than the Federal regulations.

3. 310 IAC 12-1-7.1 Exemption for Coal Extraction Incidental to the 
Extraction of Other Minerals; Public Availability of Information

    Indiana proposed to add new section 12-1-7.1 in response to OSM's 
requirement at 30 CFR 914.16(cc) that Indiana amend its rules to make 
it clear that information submitted under 310 IAC 12-1-7 must be held 
until at least three years after expiration of the period during which 
the subject mining area is active. Subsection (a) requires that except 
as provided in subsection (c), all information submitted shall be made 
immediately available for public inspection and copying and shall be 
maintained until at least three years after expiration of the period 
during which the subject mining area is active. Per Indiana's policy 
statement dated July 11, 1997 (Administrative Record No. IND-1577), all 
information submitted would be maintained in the Division of 
Reclamation Field Office at Jasonville, Indiana, and it would be 
available for inspection and copying by the public during regular 
office hours. The Jasonville Field Office is located closest to all 
surface mining activities conducted in the State of Indiana. Subsection 
(b) allows Indiana to keep information submitted confidential if the 
person submitting the information requests in writing, at the time of 
submission, that it be kept confidential and demonstrates that the 
information concerns trade secrets or is privileged commercial or 
financial information of the persons intending to conduct operations. 
Subsection (c) requires information requested to be held confidential 
under subsection (b) not be made publicly available until after notice 
and opportunity to be heard is afforded to persons both seeking and 
opposing disclosure of the information.
    The Director finds that Indiana's proposed rule along with its 
policy statement is consistent with and no less effective than the 
Federal regulations at 30 CFR 702.13 and that it satisfies the required 
amendment at 30 CFR 914.16(cc). Therefore, the Director is approving 
the proposed amendment at 310 IAC 12-1-7.1, and is amending 30 CFR 
914.16 to remove paragraph (cc).

4. 310 IAC 12-1-11(c)(3) Exemption for Coal Extraction Incidental to 
the Extraction of Other Minerals; Revocation and Enforcement

    Indiana proposed to add new subdivision (c)(3) in response to OSM's 
requirement at 30 CFR 914.16(dd) that Indiana amend 310 IAC 12-1-11 to 
add a counterpart to 30 CFR 702.17(c)(3). Subdivision (c)(3) requires 
that a petition for administrative review filed under subdivision 
(c)(2) not suspend the effect of a decision on whether to revoke an 
exemption.
    The Director finds that Indiana's proposed rule is consistent with 
and no less effective than the Federal regulation at 30 CFR 
702.17(c)(3) and that it satisfies the required amendment at 30 CFR 
914.16(dd). Therefore, the Director is approving the proposed amendment 
at 310 IAC 12-1-11(c)(3), and is amending 30 CFR 914.16 to remove 
paragraph (dd).

IV. Summary and Disposition of Comments

Public Comments

    OSM solicited public comments on the proposed amendment, but none 
were received.

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-1567). On May 8, 1997 (Administrative Record No. IND-
1574, the Mine Safety and Health Administration responded without 
comment.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is require 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 the EPA's concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from the EPA (Administrative Record No. IND-1567). 
The EPA did not respond to OSM's request.

[[Page 47140]]

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 the 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-1567). Neither the 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 March 7, 1997, pertaining to 
revisions to Indiana's rules relating to an exemption for coal 
extraction incidental to the extraction of other minerals, and removes 
the required amendments at 30 CFR 914.16(cc) and (dd).
    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 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 
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: August 20, 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 of final                         
             date                  publication      Citation/description
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
March 7, 1997.................  September 8, 1997  310 IAC 12-1-7(a),   
                                                    (15)(A), (17); 12-1-
                                                    7.1 (a) through (c);
                                                    12-1-11(b), (c) (1) 
                                                    through (3), (d) (1)
                                                    through (3).        
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[[Page 47141]]

Sec. 914.16   [Amended]

    3. Section 914.16 is amended by removing and reserving paragraphs 
(cc) and (dd).

[FR Doc. 97-23725 Filed 9-5-97; 8:45 am]
BILLING CODE 4310-05-M