[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Proposed Rules]
[Pages 29365-29367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14272]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 914

[SPATS No. IN-144-FOR]


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 the ``Indiana program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to and additions of statutes 
pertaining to definitions, permit conditions, and permit revisions. The 
amendment is intended to revise the Indiana program to improve 
operational efficiency.
    This document sets forth the times and locations that the Indiana 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., e.s.t., June 29, 
1998. If requested, a public hearing on the proposed amendment will be 
held on June 23, 1998. Requests to speak at the hearing must be 
received by 4:00 p.m., e.s.t. on June 15, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Andrew R. Gilmore, Director, 
Indianapolis Field Office, at the 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.
    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, IN 
46204, Telephone: (317) 226-6700.
    Indiana Department of Natural Resources, 402 West Washington 
Street, Room C256, Indianapolis, Indiana 46204, Telephone: (317) 232-
1547.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Telephone: (317) 226-6700.

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 32107). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
914.10, 194.15, and 194.15.

II. Description of the Proposed Amendment

    By letter dated May 14, 1998 (Administrative Record No. IND-1606), 
Indiana submitted a proposed amendment to its program pursuant to 
SMCRA. Indiana submitted the proposed amendment at its own initiative. 
The amendment pertains to revisions of and additions to the Indiana 
Code (IC) made by House Enrolled Act (HEA) No. 1074. HEA No. 1074 was 
passed through the Indiana Legislature and signed by the Governor of 
Indiana on March 12, 1998. Only those portions of HEA No. 1074 that 
pertain to Articles 14-8 and 14-34 are being considered in this 
document. The full text of the proposed program amendment submitted by 
Indiana is available for public inspection at the locations listed 
above under ADDRESSES. A discussion of the proposed amendment is 
presented below.

1. IC 14-8-2-117.3, Definition for ``Governmental Entity''

    Indiana proposes the following definition: ``Governmental entity, 
for the purposes of IC 14-22-10-2 and IC 14-22-10.2.5, has the meaning 
set forth in IC 14-22-10-2(a).''

2. IC 14-34-4-18, Permit Conditions

    Indiana identified the existing provision as subsection (a) and 
added the following new provision at subsection (b):

    The director may issue a permit subject to the condition that 
the permittee obtain or maintain in force other licenses or permits 
required for the surface coal mining and reclamation operation. 
However, the imposition of a condition under this subsection does 
not authorize or require the director to administer or enforce the 
requirements of any federal law or of any state law other than this 
article.

3. IC 14-34-5-7, Permit Revisions

    The existing provisions in subsections (a) and (b) were removed and 
the following new provisions were added:

    (a) A change in mining or reclamation operations from the 
approved mining and reclamation plans that would adversely affect 
the permittee's compliance with this article is a permit revision 
subject to review and approval as provided in this section and 
sections 8 through 8.4 of this chapter.
    (b) A permit revision is either: (1) A significant revision 
subject to sections 8 and 8.1 of this chapter; (2) a nonsignificant 
revision subject to sections 8.2 and 8.3 of this chapter; or (3) a 
minor field revision subject to section 8.4 of this chapter.
    (c) Permit revisions may be approved by: (1) The director; or 
(2) the director's designated representative.
    (d) A permit revision may not be approved unless the permittee 
demonstrates and the director or the director's designated 
representative finds the following:
    (1) That reclamation as required by this article and by the 
rules adopted by the commission under IC 14-34-2-1 can be 
accomplished.
    (2) That applicable requirements of IC 14-34-4-7 that are 
pertinent to the permit revision are met.
    (3) That the permit revision complies with all applicable 
requirements of this article and the rules adopted by the commission 
under IC 14-34-2-1.

[[Page 29366]]

4. IC 14-34-5-8, Permit Revisions

    Indiana proposes to remove the language ``as defined in the rules 
adopted under section 6 of this chapter'' and to add the language ``or 
minor field revisions'' after the phrase ``based only on nonsignificant 
revisions.''

5. IC 14-34-5-8.1, Significant Permit Revisions

    Indiana proposes to add a new section that defines significant 
permit revisions. A proposed revision of a permit is significant if any 
of eight conditions exists. The conditions include: adverse impacts 
affecting cultural resources, blasting operations, water supply, 
handling of toxic forming or acid forming materials, and fish and 
wildlife; the addition of a coal processing facility or a permanent 
support facility; the changes will cause a new or an updated probable 
hydrologic consequences determination or cumulative hydrologic impact 
analysis; or a postmining land use will be changed to a residential 
land use, a commercial or industrial land use, a recreational land use, 
or developed water resources.

6. IC 14-34-5-8.2, Nonsignificant Permit Revisions

    Indiana proposes to add a new section that defines nonsignificant 
permit revisions. A proposed revision of a permit is nonsignificant if 
any of five conditions exist. The conditions include: (1) For surface 
mines, changes in the direction of mining or location of mining 
equipment; (2) substitution of mining equipment designed for the same 
purpose; (3) for underground mines, any change in the direction or 
location of mining within the permit area or shadow area in response to 
unanticipated events; (4) a postmining land use other than a change 
described in section 8.1; or (5) any other change in the mining or 
reclamation plan that will not have a significant effect on achievement 
of final reclamation plans, on subsidence control plans, and on the 
surrounding area, that does not involve significant delay in achieving 
final reclamation or significant change in the land use, or that is 
necessitated by unanticipated and unusually adverse weather conditions, 
other acts of God, strikes, or other cause beyond the reasonable 
control of the permittee.

7. IC-14-34-5-8.3, Nonsignificant Permit Revisions

    Indiana proposes to require that a nonsignificant revision in a 
mining or reclamation plan must be reviewed and approved in writing by 
the director before it may be implemented.

8. IC 14-34-5-8.4, Minor Field Revisions

    Indiana's proposed new section adds provisions for approval of 
minor field revisions by an inspector in the field. Subsection (a) 
defines minor field revisions as those that do not require technical 
review or design analysis and are capable of being evaluated in the 
field by the director's designated delegate for compliance with section 
14-34-5-7(d). Subsection (b) allows a minor field revision to be 
approved by a field inspector in an inspection report or on a form 
signed in the field. Subsection (c) provides examples of the types of 
minor field revisions allowed, including soil stockpile location and 
configuration, as-built pond certifications, minor transportation 
facility changes, pond depth, shape, and orientation, an area for 
temporary drainage control or temporary water storage, equipment 
changes, explosive storage areas, minor mine management or support 
facility locations, adding United States Natural Resources Conservation 
Service conservation practices, methods of erosion protection on 
diversions, temporary cessation of mining, and minor diversion location 
changes.

9. IC 14-34-5-8.5, Permit Area Extensions

    Indiana's proposed statute provides that an extension of the area 
covered by a permit, except for an incidental boundary revision, must 
be made by applying for a new permit.

10. IC-14-34-5-8.6, Incidental Boundary Revisions

    This proposed statute addresses the requirements for incidental 
boundary revisions. Subsection (a) provides that five conditions must 
apply before an extension is considered an incidental boundary 
revision: (1) The extension may not constitute a significant revision 
to the method of conduct of mining or reclamation operations; (2) the 
extension must be required for the orderly and continuous mining and 
reclamation operation; (3) the extension must adjoin the permit or 
shadow area acreage; (4) the extended area must be mined and reclaimed 
in conformity with the approved permit plans; and (5) the area of the 
extension may not exceed the lesser of 10 percent of the area 
originally covered by the permit or 20 acres.
    Subsection (b) requires that the aggregate of all incidental 
boundary revisions of a permit may not exceed the area originally 
covered by the permit by more than 15 percent, unless the director 
finds that all other provisions of this section are met and the 
interests of the public are not adversely affected.
    Subsection (c) provides that the aggregate of all incidental 
boundary revisions of a permit that involve coal removal may not exceed 
the area originally covered by the permit by more than 10 percent.
    Subsection (d) specifies the application requirements for 
incidental boundary revisions, including size of the area, pre- and 
post-mining land uses, maps, proof of the permittee's legal right to 
enter and conduct surface coal mining and reclamation operations on the 
area, necessary plans, and a statement pertaining to areas unsuitable 
for mining.
    Subsection (e) provides that an application for an incidental 
boundary revision may not be approved unless the applicant demonstrates 
and the director finds that reclamation of the area can be accomplished 
and that the application complies with all requirements of Article 34.
    Subsection (f) requires the director to approve or deny an 
incidental boundary revision of a permit within 30 days, unless the 
director finds that more than 30 days are needed to adequately review 
the application and make the findings required by subsection (e).
    Subsection (g) specifies that section 14-34-5-8.6 does not alter 
the requirements for the submission of fees and bonds.

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 June 15, 1998. The location and time of the hearing will be 
arranged with those persons requesting the hearing. Any

[[Page 29367]]

disabled individual who has need for a special accommodation to attend 
a public hearing should contact the individual listed under FOR FURTHER 
INFORMATION CONTACT. If no one requests an opportunity to speak 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 
location 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 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 
counterpart 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 counterpart 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: May 22, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-14272 Filed 5-28-98; 8:45 am]
BILLING CODE 4310-05-M